Every building and structure hereafter erected or moved shall
be on a lot adjacent to a public street or a private street approved
by the Township Supervisors, or on a lot for which a legally recorded
right of access to a public street or approved private street exists.
After the effective date of this chapter, no lot shall be created
unless it abuts a public street or a private street approved by the
Township Supervisors. Flag lots shall not be permitted.
Not more than one structure housing a permitted or permissible
principal use may be erected on a single lot unless a development
plan is submitted to and approved by the Board of Supervisors, after
review by the appropriate Planning Commission, as provided in the
PA Municipal Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The following shall apply to residential accessory buildings,
structures and uses:
A.
General.
(1)
Except as noted elsewhere in this chapter, no accessory building
or structure shall be permitted within any required front or side
yard or within 10 feet of the rear lot line. The minimum distance
between an accessory building or structure within a rear yard and
a side lot line shall be the side yard requirement of the applicable
zoning district or 10 feet, whichever is less.
(2)
The maximum height of any accessory building or structure shall be
20 feet.
(3)
The minimum distance between any accessory buildings or structures
shall be five feet. The minimum distance between any accessory building
or structure and a principal building shall be five feet.
(4)
No permanent accessory building or structure, except for storage sheds conforming to subsection B(10) shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory. Exception: residential accessory structure on adjoining lot with contiguous road frontage and deeded to same property owner.
B.
Use regulations.
(1)
Swimming pool. Swimming pools shall be entirely enclosed with a permanent
barrier or fence not less than four feet in height, such fence having
no opening with a dimension greater than four inches on a side (or
in diameter in the case of round openings). Walls of buildings may
serve as part of the fence or barrier. Where such pools are of the
type having aboveground construction, that portion of the pool wall
extending above the ground may be included as part of the barrier
or fence. Fences shall have a gate which shall be securely locked
when not in use. Aboveground pools shall have a ladder or stairway,
which can be removed or rendered unusable, and the entrance to the
pool shall be capable of being securely closed to a height of four
feet. When draining or backwashing swimming pools, water shall not
be drained onto other properties without the owners' consent. Hot
tubs/spas and inflatable pools, in lieu of four-foot fence, must have
covers that secure to prevent access when not in use.
(2)
Detached garages. The maximum length of any side of a garage serving
a dwelling shall be 40 feet. No such garage shall be located within
10 feet of a dwelling. No temporary structures shall be permitted.
(3)
Apartment and townhouse accessory uses shall be restricted to uses
designed solely for residents of the apartment and townhouse units.
One office per project for the purposes of administering and renting
dwelling units may be established. One sample apartment or townhouse
for display purposes shall be permitted for each type of dwelling
unit to be constructed.
(4)
Tennis/basketball courts shall have permanent fences at least 10
feet in height behind each baseline, extending at least 10 feet beyond
the playing area in each direction.
(5)
Patios and terraces shall not be located closer than 10 feet to any
lot line, except a lot line that is an extension of a common wall,
and shall not project into any required front yard.
(6)
Animal shelters shall not be located within 10 feet of the rear or side lot lines and shall not be located in any front yard. The keeping of domestic farm animals other than horses shall be considered an agricultural use. The keeping of horses shall be permitted, provided the minimum lot size is two acres and the requirements of § 390-32A and B are met.
(7)
No agricultural uses shall be permitted except individual gardens
for home consumption; such gardens shall not be located within front
yards.
(8)
Earth station satellite receiving dishes. All freestanding earth station satellite receiving dishes, mounted at ground level, shall be considered accessory structures, and the same shall be subject to the provisions of Subsection A.
(9)
Sporting equipment, such as, but not limited, to basketball nets
and poles/skateboard ramps/street hockey nets shall not be located
within a street right-of-way at any time, or located such that their
use would be from the street (cartway).
(10)
Storage sheds. Storage sheds up to 100 square feet and without foundations shall be located no closer than two feet from any rear or side yard line. Storage sheds up to 100 square feet and with foundations shall be located no closer than five feet from any rear or side yard line. Storage sheds over 100 square feet shall conform to Subsection A(1). Storage sheds are not permitted in any front yard.
The following shall apply to nonresidential accessory buildings,
structures and uses:
B.
Use regulations.
(1)
Storage facilities. All such facilities shall be located in areas
which have direct access to a street or driveway. The outdoor storage
of materials shall be screened from view from adjoining properties
and streets, and no such area shall be located within 50 feet of any
street line.
(2)
Living quarters. Living quarters shall be permitted only for proprietors,
watchmen, caretakers or similar employees, unless otherwise provided
in this chapter.
(3)
Garages and maintenance buildings shall not be located within any
required yard.
(4)
Cafeterias shall be operated during business hours and conducted
within a building.
(5)
Recreational facilities shall be contained within a building or within
a landscaped area at least 50 feet from all lot lines.
A.
Where district regulations require buffer yards, screening, planting
strips and the like, these shall be subject to approval of the Planning
Commission prior to planting. The type and density of planting shall
adequately provide the screening effect required year round.
B.
Plant materials used in screen planting shall be least five feet
in height when planted and should reach the required height and density
within three years.
C.
The screen planting shall be maintained permanently and plant material
which does not live shall be replaced within one year.
D.
For nonresidential and nonagricultural uses, any part of a site which
is not used for building or paved area shall be planted with an all-season
ground cover and shall be landscaped according to an overall plan
in keeping with the natural surroundings. The overall landscaping
plan shall be subject to approval by the Township in accordance with
the provisions of the Exeter Township Subdivision and Land Development
Ordinance.[1]
E.
Landscaped buffers and screens. Suitable vegetation, earth berms, fences, and/or walls shall be installed along streets and between lots, zoning districts, and differing land uses to reduce negative impacts and enhance the natural and aesthetic character of the community. (Also see § 390-34)
F.
All landscaped areas shall be designed in accordance with PA best
management practices. Landscaped areas shall be planted with native
vegetation, subject to approval of the Board of Supervisors, or its
designated representative(s) and/or committee(s).
[Amended 9-11-2023 by Ord. No. 854]
A.
General agricultural standards.
(1)
Agricultural uses shall be conducted on a farm which shall be a minimum
of three acres in size.
(3)
No farm or any other outbuilding other than a dwelling shall be constructed
closer than 75 feet to any property line.
(4)
All grazing or pasture areas utilized for this purpose shall be fenced.
(5)
No slaughter area or manure storage shall be established closer than
200 feet to any property line.
(6)
Except as noted in the AP Zoning District, no more than one single-family
detached dwelling shall be permitted for each farm.
(7)
To control erosion and pollution, a buffer zone of 12 feet or as
required by the Exeter Township Floodplain Ordinance,[1] whichever is greater, shall be established from the edge
of all streams, which shall be kept in an all-season ground cover.
(8)
The sale of farm products is subject to:
(b)
At least 50% of such products shall have been produced on the
property on which they are offered for sale.
(c)
Parking spaces for at least three cars shall be provided behind
the street line.
(d)
Sale of farm products shall be conducted from a portable stand,
removed at the end of the growing season, or from a permanent building
located no closer to the street than the applicable building setback
line.
B.
Combined animal operation (CAO) and concentrated animal feeding operation
(CAFO) standards.
(1)
All open storage shall be screened in such a manner that it shall
not be visible from any point on the lot lines.
(2)
No more than three persons not related to the family operating the
use shall be housed on the lot.
(3)
All buildings and structures designated for the use of any regulated
activity shall be painted and maintained in good condition.
(4)
A fence shall be maintained around all areas in which animals are
kept outside of buildings.
(5)
Solid and liquid waste shall be disposed of in a manner consistent
with Nutrient and Odor Management Act (3 Pa. C.S. § 501
et seq.) as it shall exist from time to time, the Clean Streams Law
(35 P.S. § 691.1 et seq.) as it shall exist from time to
time, and the Water Resources Planning Act (27 Pa. C.S. § 3101
et seq.) as it shall exist from time to time.
(6)
Agricultural odors are governed by the Nutrient and Odor Management
Act (3 Pa.C.S. § 501 et seq.) and accompanying regulations.
(7)
A nutrient management plan shall be prepared for all proposed intensive
agricultural uses. The nutrient management plan shall be submitted
to the Township and shall be reviewed and approved by the Berks County
Conservation District.
(8)
All aspects of mushroom production shall be in accordance with best practices for environmental protection in the mushroom farm community, prepared under the authority of the Solid Waste Management Act (35 P.S. § 6018.101 et seq.) and regulations at 25 Pa. Code Chapter 289, effective date December 12, 1997. The commercial production, processing, or cultivation of mushrooms shall be construed as an intensive agricultural activity and therefore shall comply with the applicable requirements of Subsection B.
(9)
No discharge of liquid waste and/or sewage shall be permitted into
a reservoir, sewage or storm disposal system, holding pond, stream
or other open body of water, or into the ground unless treated so
that the discharge is in total compliance with the standards approved
by the appropriate local, state and federal regulatory bodies and/or
agencies.
(10)
The design, construction, location, operation, maintenance and
removal from service of manure storage facilities shall be consistent
with the requirements set forth in 25 Pa. Code §§ 83.351
and 91.36.
C.
Setbacks for manure storage facilities.
(1)
For operations that were producing livestock or poultry on or before
October 1, 1997, manure storage facilities, except reception pits
and transfer pipes, may not be constructed:
(a)
Within 100 feet of an intermittent or perennial stream, river,
spring, lake, pond or reservoir.
(c)
Within 100 feet of a private water well, or open sinkhole.
(d)
Within 100 feet of an active public drinking water well, unless
other state or federal laws or regulations require a greater isolation
distance.
(e)
Within 100 feet of an active public drinking water source surface
intake, unless other state or federal laws or regulations require
a greater isolation distance.
(f)
Within 100 feet of a property line, unless the landowners within
the 100 feet distance from the facility otherwise agree and execute
a waiver in a form acceptable to the Commission.
(g)
Within 200 feet of an intermittent or perennial stream, river, spring, lake, pond or reservoir, or any water well, or wetland described in Subsection C(1)(b), if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8% or a facility has a capacity of 1.5 million gallons or greater.
(h)
Within 200 feet of a property line, if a facility (except permanent
stacking and compost facilities) is located on slopes exceeding 8%
and if the slope is toward the property line, or a facility has a
capacity of 1.5 million gallons or greater, unless the landowners
within the 200-foot distance from the facility otherwise agree and
execute a waiver in a form acceptable to the Commission.
(2)
For operations that come into existence after October 1, 1997, manure
storage facilities, except reception pits and transfer pipes, may
not be constructed:
(a)
Within 100 feet of an intermittent or perennial stream, river,
spring, lake, pond or reservoir.
(c)
Within 100 feet of a private water well, or open sinkhole.
(d)
Within 100 feet of an active public drinking water well, unless
other state or federal laws or regulations require a greater isolation
distance.
(e)
Within 100 feet of an active public drinking water source surface
intake, unless other state or federal laws or regulations require
a greater isolation distance.
(f)
Within 200 feet of a property line, unless the landowners within
the 200-foot distance from the facility otherwise agree and execute
a waiver in a form acceptable to the Commission.
(g)
Within 200 feet of an intermittent or perennial stream, river, spring, lake, pond, reservoir or any water well, or wetland described in Subsection C(2)(b), if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8% or has a capacity of 1.5 million gallons or greater.
(h)
Within 300 feet of a property line, if a facility (except permanent
stacking and compost facilities) is located on slopes exceeding 8%,
and if the slope is toward the property line, or a facility has a
capacity of 1.5 million gallons or greater, unless the landowners
within the 300-foot distance from the facility otherwise agree and
execute a waiver in a form acceptable to the Commission.
The following controls shall apply to all recreational areas
not owned by Exeter Township.
A.
All activities of a commercial nature shall be clearly accessory
to and incidental to the permitted recreational use, such as the charging
of admission, the sale of refreshments and the rental or sale of athletic
equipment.
B.
Sleeping accommodations shall be provided only for caretakers and
similar types of employees, except in the case of camps intended to
provide for overnight accommodations.
C.
Accessory uses shall be restricted to those providing necessary amenities
to members and guests.
D.
Minimum lot size shall be five acres.
E.
All buildings shall be set back a minimum of 150 feet from all lot
lines.
F.
Maximum lot coverage shall be 5%.
G.
Maximum paved area shall be 10%.
H.
Minimum lot width shall be 350 feet.
K.
A complete visual barrier by landscaped screen shall be provided
along any lot line adjacent to a residential use.
L.
All storage shall be completely screened from view from any public
right-of-way and any residential use. All organic rubbish or storage
shall be contained in verminproof containers.
M.
No driveway or street to service a use shall be located within 100
feet from the intersection of any street lines. When any driveway
or street shall provide access for more than 100 parking spaces, the
approval of the design shall be subject to review by the Township
Planning Commission. No design shall be approved which is likely to
create substantial traffic hazards endangering the public safety.
Safety requirements, which may be imposed in such a review, shall
include traffic control devices, acceleration or deceleration lanes,
turning lanes, traffic and lane markings and signs.
N.
The interior circulation of traffic shall be designed so that no
driveway or street providing parking spaces shall be used as a through
street. If parking spaces are indicated by lines with angles other
than 90°, the traffic lanes shall be restricted to one-way permitting
head-on parking. No driveway or street used for interior circulation
shall have traffic lanes less than 10 feet in width. Areas for loading
shall be separate from customer parking areas.
O.
Trails for motorized bicycles shall be located no less than 50 feet
from a lot line.
P.
An erosion and sedimentation control plan shall be approved by the
Township Engineer.
Design standards for commercial, industrial, and educational
uses are as follows:
A.
Screening. A complete visual barrier by landscaped screen shall be
provided along any lot line adjacent to a residential use or residential
zoning district.
B.
Storage. All storage shall be completely screened from view from
any public right-of-way and any residential use. All organic rubbish
or storage shall be contained in verminproof containers.
C.
Landscaping. Any part or portion of a site which is not used for
building area or parking area shall be landscaped according to an
overall plan in keeping with the natural surroundings. Any single
parking area with 25 or more spaces shall include parking area landscaping
of an area that is equal to at least 10% of the area covered by parking
spaces and aisleways; said landscaped area shall be in addition to
the open area requirements of the applicable zoning district, except
in Highway Commercial where the requirement shall be included within
the 15% open space requirement. The overall parking area design and
associated landscaping shall be subject to approval by the Township
in accordance with the provisions of the Exeter Township Subdivision
and Land Development Ordinance.[1]
D.
Access and traffic control. No driveway or street to service a use
shall be located within 100 feet from the intersection of any street
lines. When any driveway or street shall provide access for more than
100 parking spaces, the approval of the design shall be subject to
review by the Township Planning Commission. No design shall be approved
which is likely to create substantial traffic hazards endangering
the public safety. Safety requirements, which may be imposed in such
a review, shall include traffic control devices, acceleration or deceleration
lanes, turning lanes, traffic and land markings and signs.
E.
Interior circulation. The interior circulation of traffic shall be
designed so that no driveway providing parking spaces shall be used
as a public through street. If parking spaces are indicated by lines
with angles other than 90°, then traffic lanes shall be restricted
to one-way permitting head-in parking. No driveway or street used
for interior circulation shall have traffic lanes less than 10 feet
in width. Areas for loading shall be separate from customer parking
areas.
F.
Shopping cart storage. If any use permits shopping carts to be taken
from the confines of the store building, storage areas for such carts
shall be provided at convenient locations outside buildings.
G.
Building design. At least one entranceway shall be maintained at
ground level. All pedestrian entrances shall be paved with an all-weather
surface. Curbing shall be provided to separate parking areas, streets
and driveways.
H.
Curbing, in accordance with Township specifications, shall be installed
on all streets proposed for dedication within industrial and commercial
parks.
I.
New and used car lot/car repairs. Lot must be paved. They are subject to all sections of this chapter and all outdoor vehicle sales display areas shall be setback from the street right-of-way line the greater of 15 feet or five feet from the outside edge of the public sidewalk, if sidewalk is present or required. Sales display areas and customer parking areas are subject to the clear sight triangle regulations per § 390-43B.
J.
All uses shall provide rest rooms for employees and customers (where
required by law).
The Township Supervisors shall require safeguards to assure
compliance with the following performance standards. Upon request
of the Township, a landowner shall furnish proof at his own expense
that he is in compliance with the following standards. No use shall
be operated in such a manner as to constitute a danger to the residents
and inhabitants of Exeter Township.
A.
Air management.
(1)
Open burning is not permitted except by permit issued by the Exeter
Township Fire Marshal.
(2)
No gases, vapors or fumes shall be emitted in concentrations which
are harmful to persons, property, animals or vegetation (per EPA standards)
beyond the lot lines of the lot on which such gases, vapors or fumes
originate. No toxic or corrosive gases, vapors or fumes exceeding
EPA standards shall be released into the atmosphere.
(3)
No use shall emit odorous gases or other odorous matter into the atmosphere in quantities sufficient to be offensive. The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table 1, "Odor Thresholds in Air" contained in the publication Research on Chemical Odors: Part 1, Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained.
(4)
The uses shall comply with the regulations of the Pennsylvania Department
of Environmental Protection for fugitive emissions, particulate matter
emissions, sulfur compound emissions, standards for sources, sources
of volatile organic compounds, emissions of hazardous air pollutants
and ambient air quality sources.
(5)
Drive-throughs. Land development plans with drive-throughs must submit
plans demonstrating how they will manage the flow of vehicles in order
to minimize vehicular emissions.
[Amended 11-26-2018 by Ord. No. 815]
B.
C.
Solid waste management. No storage of waste material on the lot shall
be permitted in excess of 30 days. All waste materials awaiting transport
shall be concealed from view from all adjacent properties and streets
and kept in enclosed containers.
E.
Heat. Any operation producing heat shall be conducted in such a manner
as to prevent any effects from the heat beyond the lot lines of the
lot on which the operation is located.
F.
Groundwater supplies. No activity shall endanger groundwater levels
and quality in the area of the use, nor adversely affect groundwater
supplies of nearby properties. When required by the Township, a hydrogeologic
study which shall indicate the impact of the use on groundwater supplies
and quality in the area of the use shall be submitted to the Township.
G.
Electromagnetic and radioactive radiation. All electromagnetic radiation
shall comply with the regulations of the Federal Communication Commission,
provided that no electromagnetic radiation which interferes with radio
or television reception or the operation of other equipment beyond
the lot lines shall be produced. No injurious, electromagnetic radiation,
or radioactive emission shall be produced, and all radioactive emissions
shall meet the federal and state standards. No high-tension electrical
transmission lines or equipment shall be located within 75 feet of
any portion of a residential building or vice versa.
H.
Outdoor storage: commercial/industrial. All outdoor storage of materials
or products shall be screened from view from all adjacent properties
and streets.
I.
Explosives. No possession, discharge, production or storage of any
material designed for use as an explosive shall be permitted unless
the required state/local permits have been issued.
A.
Paved off-street loading and unloading spaces with proper access
from a street, driveway or alley shall be provided on any lot on which
a building for trade, business, industry or warehousing, or other
use similarly involving receipt of or distribution of materials or
merchandise by motor vehicle is hereafter erected or expanded. All
such areas for the loading and unloading of vehicles, and for the
servicing of establishments by refuse collection, fuel and other service
vehicles, shall be of such size, design and arrangement that they
may be used without blocking or otherwise interfering with the use
of automobile accessways, parking facilities and pedestrian ways.
Loading areas shall not be located within required front yards and
shall not be located within five feet of any side or rear lot line.
B.
Under land development plan approval (§ 390-91) for commercial or industrial districts, the applicant shall indicate all provisions for off-street loading and include supporting data on the number, frequency and schedules, and size of vehicles which will serve the facility. The number and size of loading spaces provided shall be appropriate for the use to be conducted on the premises and sufficient to accommodate all vehicles serving the use. At least one loading space shall be provided for each use.
A.
Off-street parking facilities shall be provided whenever:
B.
A minimum of 50% of the parking spaces shall have a minimum area
of 180 square feet and a minimum dimension of 10 feet by 18 feet.
The remaining parking spaces shall have a minimum area of 171 square
feet and a minimum dimension of 9.5 feet by 18 feet. To the extent
reasonably possible, the larger parking spaces shall be located as
close to the buildings as possible. In addition, appropriate driveways,
aisles and maneuvering space shall be provided as necessary to permit
safe and convenient access to and use of the area as provided for
parking purposes. Safe and convenient access from a street, alley
or driveway shall be provided.
[Amended 11-26-2018 by Ord. No. 816]
C.
Parking spaces for residential uses shall be located on the same
lot as the use served and shall be located behind the street right-of-way
line. Parking spaces for other uses shall be provided for on the same
lot as the use being served or in parking facilities within 300 feet
of the use and shall not require pedestrian crossing of a public street,
except in the case of a shopping center or similar grouping of buildings
on a lot, in which case all parking areas shall be provided within
the lot boundaries.
D.
Joint parking facilities for two or more uses may be established,
provided that the number of spaces provided is not less than the sum
of the spaces required for each individual use.
E.
All parking spaces and means of access, other than those relating
to a dwelling, shall be illuminated during night hours of use. The
illumination shall be designed and located so that the light sources
are shielded from adjoining properties and public and private streets.
The illumination shall not produce a glare noxious at or beyond the
boundaries of the parking area.
F.
All common parking areas and access drives shall be paved, shall
have marked parking spaces, shall be graded to provide convenient
vehicular access and proper drainage and shall be maintained in usable
condition. The maximum grade of areas for parking shall not exceed
6%, and the maximum grade of access drives shall not exceed 10%. Surface
water shall not be concentrated onto public sidewalks or other premises.
G.
No areas necessary to fulfill the off-street parking requirements
of this chapter shall be used for the sales, dead-storage, repair,
dismantling or servicing of vehicles.
H.
Off-street parking facilities existing on the effective date of this
chapter shall not be subsequently reduced to an amount less than that
required under this chapter for a similar new building or use.
I.
The width of aisles in parking areas shall be not less than listed
in the following table:
|
Angle of Parking
(degrees)
|
Aisle Width
(feet)
| |
|---|---|---|
|
One-Way
|
Two-Way
| |
|
90
|
20
|
24
|
|
60
|
18
|
Not allowed
|
|
45
|
15
|
Not allowed
|
|
30
|
12
|
Not allowed
|
J.
When the required number of parking spaces is computed and a fraction
of a parking space results, any fraction below 1/4 may be disregarded
and any fraction above 1/4 shall necessitate the provision of a full
parking space.
K.
Parking areas for nonresidential uses shall be designed such that
vehicles will not back out onto the public streets.
L.
The design of parking areas shall be such as to prevent the backup
of vehicles on a public street at the entrance to parking areas.
M.
Where parking requirements are determined by the number of seats
and no permanent seats are provided, only temporary seats, the number
of parking spaces to be provided shall be based upon the number of
temporary seats in normal usage.
N.
Parking areas shall be arranged so that no portion of any vehicle
parked within a designated parking space will extend over any property
line of the lot on which it is parked.
O.
Parking areas for nonresidential uses which are designed to contain
more than four vehicles shall be screened from the view of persons
on any land zoned RC, AP, R, SR0, SR1, SR2, SR3 or UR which is adjacent
to the land on which the nonresidential parking area is located, and
shall be located a minimum of 20 feet from any land so zoned.
P.
Parking areas for nonresidential uses shall be located a minimum
of four feet from right-of-way line, unless a more stringent improvement
setback is imposed by the applicable zoning district regulations,
and the area between the parking area and the street right-of-way
lines shall be landscaped. Such parking areas shall be located a minimum
of two feet from any side or rear lot line, and the area between the
parking area and side or rear lot line shall be landscaped. In addition,
parking areas shall be located a minimum of 10 feet from a street
right-of-way line in Neighborhood Commercial Districts; a minimum
of 20 feet from a street right-of-way line in Highway Commercial Districts,
Shopping Center Commercial Districts and Light Industrial Districts;
and a minimum of 50 feet from a street right-of-way line in General
Industrial Districts.
Q.
Number of spaces.
(1)
The number of off-street parking spaces to be provided for each use
shall be sufficient to accommodate all employee, visitor, and customer
parking. Minimum off-street parking requirements shall be as follows:
|
Residential uses
|
3 parking spaces per dwelling unit, not to include garages
| |
|
Industrial, wholesaling or warehousing establishment
|
1 space per employee on shift of greatest employment
| |
|
Restaurant, tavern or similar use
|
1 space for each 4 seats, plus 1 space for each employee on
the shift of greatest employment, or 1 space per 3 people of total
capacity, plus 1 per employee on the shift of greatest employment,
whichever is greater
| |
|
Retail and service, convenience/grocery store with gas pumps
|
4 spaces per 1,000 square feet of gross leasable area (no additional
parking for employees)
| |
|
Convenience/grocery store without gas pumps
|
3 spaces per 1,000 square feet of gross leasable area (no additional
parking for employees)
| |
|
Office building
|
1 space for each 300 square feet of gross floor area.
| |
|
Motel, hotel, tourist home, bed-and-breakfast or similar establishment
|
One space for each rental unit, plus 1 space for each employee
on the shift of greatest employment
| |
|
Medical, dental and paramedical offices
|
1 space per employee, plus 4 spaces for each person engaged
in practice
| |
|
Agricultural uses
|
1 space per employee of the shift of greatest employment
| |
|
Nursing home, convalescent home or retirement home, personal
care home
|
1 space per employee on shift of greatest employment, plus 1
space for each 2 beds
| |
|
Hospital
|
1 1/2 spaces per bed, plus 1 space per employee on shift
of greatest employment
| |
|
Bowling alley
|
5 spaces per alley, plus 1 space per employee on shift of greatest
employment
| |
|
Funeral home
|
1 space for each 3 seats, plus 1 space per employee
| |
|
Auditorium, theater, place of worship, club or lodge, or other
place of public assemblage
|
1 space for each 4 seats, plus 1 space per employee
| |
|
Library or museum
|
1 space for each 300 square feet of gross floor area, plus 1
space per employee
| |
|
Nursery schools and day centers
|
1 space per employee, plus one space for every 10 children for
unloading of children accommodated in the school
| |
|
Elementary and junior high schools
|
1 space per employee, plus 1 space per 2 classrooms or offices
| |
|
High schools
|
1 space per employee, plus 1 space per 3 students to be accommodated
at any 1 time
| |
|
Commercial school, junior college/college/university
|
1 space per employee, plus 1 space per 2 students to be accommodated
at any one time
| |
|
Skating rink, swimming pool, indoor recreational establishments
|
1 space per 25 square feet devoted to patron use, plus 1 space
per employee
| |
|
Motor vehicle service station or repair garage
|
2 parking spaces per service bay, plus 1 per employee on the
shift of greatest employment
| |
|
Outdoor recreational facility and amusement parks
|
1 space per employee on largest shift, plus 1 space per 3 people
of total capacity
| |
|
Shopping center
|
4 spaces per 1,000 square feet of gross leasable area (no additional
parking for employees)
| |
|
Dance hall, nightclub and similar IBS assembly group Ad-2 structures
|
1 space per 2 people of total capacity, plus 1 space per employment
on the shift of greatest employment
| |
|
Boarding kennel (short-term)
|
1 space per employee, plus one space for every 10 animals accommodated
in the kennel
|
(2)
For any building or use not covered above, the Zoning Officer shall
apply the standard of off-street parking spaces in the above schedule
deemed to most closely approximate the proposed building or use.
R.
ADA-accessible spaces.
(1)
The number of ADA accessible parking spaces shall meet the following
guidelines:
|
Number of Spaces in Lot
|
Number of ADA-Accessible Spaces Required
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of the total number of spaces
| |
|
1,001 and over
|
20 spaces plus 1 for every 100 spaces over 1,000
|
(2)
One in every 6 ADA accessible parking spaces, but not less than 1,
shall be designated as van accessible.
(3)
When only one ADA accessible parking space is required, that space
shall be designated as van accessible.
(4)
ADA accessible parking spaces shall be the spaces closest to the
nearest accessible entrance to the building served by the parking
lot.
(5)
Each ADA accessible parking space shall have the appropriate signs
erected at the front of the space. One set of signs shall be required
for every space. All signs shall conform to PennDOT and ADA regulations.
(6)
The signs shall be mounted on a secure post with the bottom of the
lower sign being a minimum of 3.5 feet above the ground level. The
required signs are as follows:
(a)
For a standard ADA accessible parking space, a "Reserved Parking"
sign (R7-8) shall be mounted on top and a "Violators Subject to Fine
and Towing, Minimum Fine $50, Maximum Fine $200" sign (R7-8B) shall
be mounted on the bottom.
(b)
For a van ADA accessible parking space, a "Reserved Parking"
sign (R7-8) shall be mounted on top, a "Van Accessible" sign (R7-8A)
shall be mounted in the middle, and a "Violators Subject to Fine and
Towing, Minimum $50, Maximum Fine $200" sign (R7-8B) shall be mounted
on the bottom.
(7)
Each ADA accessible parking space shall be at least eight feet wide
and shall have an adjacent access aisle five feet wide minimum with
diagonal white lines.
(8)
The van ADA accessible parking space shall be at least 11 feet wide
and shall have an adjacent access aisle five feet wide minimum with
diagonal white lines.
(9)
Each ADA accessible parking space shall have a length identical to
the adjacent non-ADA accessible parking spaces in the same parking
aisle or parking area.
(10)
All ADA accessible parking spaces shall be identified by painting
the pavement surface handicap blue in color, outlined with white lines.
(11)
All ADA accessible parking spaces shall be further identified
by having the universal handicapped/disabled symbol painted on the
blue space. This symbol shall be white in color.
(12)
All ADA accessible parking spaces and their respective signs
shall be regularly maintained to ensure their continued compliance
to the law.
S.
Shared parking.
[Added 11-26-2018 by Ord.
No. 816]
(1)
Nothing contained in this chapter shall be interpreted to prevent
the Planning Commission from requesting, in the Township Commons District,
the provision of shared parking lots for one or more uses located
on separate lots or on common lots. Parking spaces located in a joint
parking lot may be used to satisfy the off-street parking requirements
of this article, provided said spaces are located within 300 feet
walking distance of the lot containing the land use they are intended
to serve, as measured along the public right-of-way. In no instance
shall parking spaces in a joint parking lot that are devoted to meeting
the parking requirements of one land use be used to meet the parking
requirements of another land use.
(2)
Application of shared parking. Applicants for new developments or
redevelopment in the Township Commons District are encouraged to examine
the feasibility of using shared parking arrangements. Factors to be
evaluated to establish shared parking arrangements should include
operating hours, seasonal/daily peaks in parking demand, the site's
orientation, location of access driveways, availability of transit
service, accessibility to other nearby parking areas, pedestrian connections,
distance to parking area, availability of parking spaces, and cooperation
of adjacent owners.
(3)
Calculation of parking spaces required with shared parking.
(a)
The minimum number of parking spaces for where shared parking
strategies are proposed shall be determined by a study prepared by
the applicant following the procedures of the Urban Land Institute
(ULI) Shared Parking Report, Institute of Transportation Engineer's
(ITE) Shared Parking Guidelines, or other methodologies approved by
the Planning Commission. If standard rates are not available or limited,
the applicant may collect data at similar sites to establish local
parking demand rates. If the shared parking plan assumes use of an
existing parking facility, then field surveys shall be conducted to
determine actual parking accumulation. If possible, these surveys
should consider the seasonal peak period for the combination of land
uses involved.
(b)
The applicant shall determine the minimum number of parking
spaces required for shared parking arrangements by utilizing the following
example procedures:
[1]
Step 1: Determine the number of parking spaces that should be
provided for each land use separately by multiplying the zoning code
requirements by the gross square feet (GSF) or total units (seats,
employees, dwelling units, beds, etc.) of each individual use and
then sum the results.
[2]
Step 2: Based on the hourly variation in parking demand, determine
the peak parking demand for the combined demand of all the uses in
the development. Standardized data such as from the ULI Parking Report
should be used to estimate hourly variations. Field studies can also
be performed on similar land uses within the jurisdiction or adjacent
municipalities to establish the hourly variation patterns. This analysis
may be needed for both weekdays and weekends, depending on the type
of uses involved, and may need to consider seasonal peak periods.
[3]
Step 3: Compare the calculations of the two steps above, and
the lesser of the two peak parking demands shall be used as the minimum
number of parking spaces that need to be provided.
(4)
Distance to parking spaces and pedestrian connection requirements.
Shared spaces for all sharing uses must be located within 300 feet
of the principal building entrances of all sharing uses. Clear, safe
pedestrian connections must be provided.
(5)
Agreement between sharing property owners. If a privately owned parking
facility is to serve two or more separate properties, a legal agreement
between property owners guaranteeing access to, use of, and management
of designated spaces is required. Shared parking spaces shall be subject
to appropriate deed restrictions (or other legal instrument), as approved
by the Township Solicitor, binding the owner of the parking spaces
and his/her heirs and assigns to provide and maintain the required
number of spaces for the land use that they are intended to serve
either throughout the existence of such land use, or until such spaces
are provided elsewhere.
(6)
Shared parking plan. The Planning Commission, at its discretion,
may require that a shared parking plan be submitted. Shared parking
may be shown on the site plan, landscaping plan or as a separate document.
The shared parking plan shall include one or more of the following:
(a)
Site plan of parking spaces intended for shared parking and
their proximity to land uses that they will serve.
(b)
A signage plan that directs drivers to the most convenient parking
areas for each particular use or group of uses (if such distinctions
can be made).
(c)
A pedestrian circulation plan that shows connections and walkways
between parking areas and land uses. These paths should be as direct
and short as possible.
T.
Drive-through off-street stacking spaces. Drive-through off-street
stacking spaces shall be regulated as follows.
[Added 11-26-2018 by Ord.
No. 816]
(1)
General provisions.
(a)
The purpose of off-street stacking space regulations is to promote
public safety by alleviating on-site and off-site traffic congestion
from the operation of a use which utilizes a drive-through facility.
A drive-through facility is composed of two parts: the stacking spaces,
the space occupied by vehicles queuing for the service to be provided;
and the service area, where the service occurs. In uses with service
windows, the service area starts at the service window. In uses where
the service occurs indoors, the service area is the area within the
building where the service occurs. For other facilities, such as gas
pumps, car washes, pharmacies, air compressors, vacuum cleaning stations,
truck washes, and similar uses, the service area is the area where
the vehicles are parked during the service.
(b)
Any use having a drive-through facility shall provide the required
off-street stacking area on site and shall locate the drive-through
components (menu/presell board, clearance bar, canopy, directional
signs, order confirmation displays/speaker posts, pay window, pickup
window, ATM, pneumatic air tube) in such a way as to ensure that on-site
and off-site traffic conflicts, hazards and congestion are avoided.
Each drive-through facility shall provide the stacking spaces as follows:
[1]
Each stacking space shall be not less than 8 1/2 feet in
width and 17 1/2 feet in length, with additional spaces for necessary
turning and maneuvering.
[2]
The area required for stacking spaces shall be exclusive of
and in addition to any required parking space, loading space, driveway,
access drive or aisle, unless otherwise permitted.
[3]
A parking space at any component of a drive-through facility
shall be considered to be a stacking space.
[4]
Any area reserved for stacking spaces shall not double as a
circulation drive or maneuvering area.
[5]
Sites with stacking spaces shall include an exclusive bypass
aisle, drive or other circulation area in the parking lot design to
allow vehicles to bypass the stacking area.
[6]
Any component of a drive-through facility may project up to
one foot into the stacking area.
[7]
Drive-through facilities may contain more than one component
part. To determine the number of off-street stacking spaces located
before a facility, the final component of the facility shall be used
in determining the location of the off-street stacking spaces. In
the case of car washes, the final component of a facility is the entrance
to the car wash building itself.
[8]
Where a single drive-through lane serves more than one drive-through
facility, the minimum number of stacking spaces provided shall equal
the combined total required for each facility.
(2)
Required stacking spaces.
(b)
Restaurants:
[1]
One drive-through facility: Eight spaces before the final component
of the facility; two spaces at the exit of the facility.
[2]
For each additional drive-through facility: four spaces before
the final component of each additional facility; one space at the
exit of each facility.
[3]
The number of stacking spaces required above shall be considered
minimums. The Township may require additional stacking spaces when
they are deemed necessary to comply with the general provisions of
this section.
[4]
Where an applicant can provide compelling evidence that fewer
than the required number of stacking spaces would adequately serve
a drive-through establishment, the number of required stacking spaces
may by special exception be reduced by the Zoning Hearing Board.
(e)
All other facilities utilizing a drive-through facility, including,
but not limited to, photo dropoff/pickup stations, automobile oil
change or lubrication facilities: three spaces before the final component
of the facility; one space at the exit of each facility.
(f)
Stacking spaces should be configured to maintain safe pedestrian
access and be located away from off-site views, where possible.
B.
No entrance or exit for a driveway serving a single-family dwelling
shall be less than 10 feet or more than 20 feet in width in aggregate
if more than one driveway, excluding radii.
C.
No driveway serving a single-family dwelling shall be located within
two feet of any side lot line, except in the case of driveways which
adjoin one another.
D.
No driveway serving a nonresidential use shall be located within
five feet of any rear or side lot line, provided that a driveway serving
a nonresidential use shall not be located within 10 feet of a rear
or side lot line when the adjoining land is located within an RC,
AP, R, SR0, SR1, SR2, SR3 or UR District.
E.
Driveways shall be so constructed and maintained that the materials
of which the driveways are constructed will not wash nor be deposited
upon public roads. Driveways in excess of ten-percent grade shall
be paved.
F.
At driveway intersections with streets, a clear sight triangle, as specified in § 390-43B shall be established for a distance of 10 feet from the point of intersection of the cartway lines. In addition, the sight distances at driveways shall meet the requirements of Pa. Code Title 67, Chapter 441, Access to and Occupancy of Highway by Driveways and Local Roads.
G.
Driveway entrances shall not intersect streets at angles of less
than 60° nor more than 120°.
H.
The grade of driveways shall conform to the Exeter Township Subdivision and Land Development Ordinance, § 330-36G.
I.
The area between the street cartway and right-of-way lines shall
be paved.
No-impact home-based business regulations are as follows:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
There shall be no customers coming to the dwelling.
C.
The business shall employ no employees other than family members
residing in the dwelling.
D.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
E.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
F.
The business activity may not use any equipment or process, which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
G.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
I.
The business may not involve any illegal activity.
A.
Home occupations may be allowed by zoning permit issued by the Zoning
Officer, subject to the applicant demonstrating compliance with the
below-referenced provisions.
B.
The following requirements must be met in order to have a home occupation:
(1)
The home occupation must be conducted within a residential property
and must be clearly incidental to the residential use.
(2)
Only a resident of the dwelling unit may practice the home occupation
(i.e., the owner cannot rent out a room in the house for someone to
run a business).
(3)
Any need for parking generated by the home occupation shall be met
off-street on the lot and existing paved area, which the home occupation
is carried out; any additional paving shall comply with the maximum
allowed in the zoning district in question.
(5)
Only one person, whether paid or unpaid, may assist with the home
occupation at the dwelling unit (off-street parking must be met for
this person also).
(6)
No more than 25% of the total floor area of a dwelling unit shall
be used for the purposes of the home occupation.
(7)
In the case of repair services, repairs must be made off the property
on which the home office is located.
(8)
There shall be no external storage of equipment.
(9)
No emission of unpleasant gases or other odorous matter shall be
permitted.
(10)
No emission of noxious, toxic or corrosive gases or fumes injurious
to persons, property or vegetation shall be permitted.
(11)
No discharge shall be permitted into a reservoir, sewage or
storm disposal system, stream, open body of water or into the ground
of any materials in such a way or of such nature or temperature which
could contaminate any water supply, or damage or be detrimental to
any sewage system or any sewage treatment process or otherwise could
cause the emission of dangerous objectionable elements. No hazardous
waste or household hazardous waste shall be discharged into sewage
disposal systems or public sewers.
(12)
No vibration perceptible beyond the structure in which the home
occupation is conducted shall be permitted.
(13)
No noise shall be audible beyond the structure in which the
home occupation is conducted which exceeds the average intensity of
street traffic at the front lot line. Objectionable noises due to
intermittence, beat, frequency or shrillness shall be muffled.
(14)
No emission of any smoke shall be permitted (unless the smoke
is from a wood-burning stove or fireplace being used for heating purposes).
(15)
In the case of child-care services, a maximum of three children
(unrelated to the operator) may attend. Caregiver must comply with
all requirements of the Pennsylvania Code Title 55, Public Welfare
(copies available in the Engineering Department).
(16)
No hazardous, explosive or regulated material shall be produced
or stored upon the premise in quantities exceeding National Fire Code
standards for residences.
(17)
No display of products related to the home occupation shall
be visible from adjoining properties or streets.
(18)
There shall be no outside advertising in residential areas.
In nonresidential areas, there shall be no outside advertising other
than one one-sided or two-sided sign of no more than six square feet
in area of each side and must comply with all other requirements of
the sign ordinance regarding placement of such sign.
(19)
There shall be no alterations made to the outside of the dwelling
in a manner inconsistent with the basic architecture of the dwelling.
(20)
Person must register with the Municipal Tax Administrator for
tax reporting purposes.
(21)
A zoning permit shall be required.
(22)
Neighbor impact letters must be submitted.
(23)
All home occupations shall be subject to periodic inspections
by the Township Zoning Officer or Assistant Zoning Officers to monitor
compliance with the provisions of this chapter and any and all other
Township, state and federal regulations.
When an unimproved lot is situated between two improved lots
with front yard dimensions less than those required for the zoning
district in which the unimproved lot is located, the front yard required
for the unimproved lot may be reduced to a depth equal to the average
of the two adjoining lots; provided, however, that this provision
shall only apply in such cases where the improved lots in question
are improved as of the time of the adoption of this chapter and the
improvements are located within 100 feet of the unimproved lot. For
the purpose of this section, an "unimproved lot" shall be the same
as a vacant lot and an "improved lot" shall be one on which a principal
building is erected.
A.
Except as noted elsewhere in this chapter, fences, walls and hedges
may be located within required yards. No fence, wall or hedge shall
be erected or planted within the right-of-way lines of any street,
nor shall they encroach upon any street right-of-way at any time.
C.
Any fence or wall, except a retaining wall, greater than 10 feet
in height shall be set back no less than five feet from a lot line,
unless otherwise required by this chapter.
D.
Fences shall be constructed of wood, chain link or similar appropriate
materials approved by the Zoning Officer, be of uniform construction
and be constructed in a workmanlike manner.
A.
On every corner lot, a yard equal in depth to the front yard requirement
of the zoning district in which the corner lot is located shall be
provided on each side of the lot which is adjacent to a street.
B.
Clear sight triangles shall be provided at all street intersections.
Within such triangles, nothing which impedes vision between a height
of 2 1/2 feet and 10 feet above the center line grades of the
intersecting streets shall be erected, placed, planted or allowed
to grow, except street signs, traffic lights or signs, utility poles
and mail boxes. Such triangles shall be established from a distance
of 75 feet from the point of intersection of the center lines of the
intersecting streets, except that a clear sight triangle of 150 feet
shall be provided for all intersections with arterial highways. In
addition, sight distances shall meet the requirements of Pa. Code
Title 67, Chapter 441, Access to and Occupancy of Highway by Driveways
and Local Roads.
The following projections shall be permitted into required yards
and shall not be considered in the determination of yard size or lot
coverage:
A.
Terraces, patios, open porches and decks (provided that such terraces,
patios, open porches and decks are not enclosed) are not to be closer
than 10 feet to any lot line (except a lot line which is the projection
of a common wall) and do not project into any required front yard.
B.
Open balconies or fire escapes and projecting architectural features
such as bay windows, cornices, eaves, roof overhang, chimneys and
window sills, provided that all such features shall project no more
than five feet into any required yard, and shall not be closer than
six feet to any lot line (except lot lines which are the projection
of party walls).
C.
Uncovered stairs and landings, accessibility ramps and chair lifts,
provided such stairs, landings, ramps or lifts do not project more
than five feet into any required yard, and are not located closer
than six feet to any lot line (except lot lines which are the projection
of party walls).
[Amended 8-26-2013 by Ord. No. 743]
A.
On any lot on which a principal building existed at the effective
date of this chapter, an accessory building to such existing principal
building which is constructed after the effective date of this chapter
does not have to be set back further from any street right-of-way
than that of the principal building.
B.
If the owner (or his/her agent) of a lot that has been developed
in conformance with a prior iteration of this chapter applies for
a building permit to expand the existing principal building and/or
construct a permitted accessory building or structure, the owner may
elect to proceed in conformance with a group of certain limited zoning
regulations in effect at the time the owner acquired the lot at issue
(the prior ordinance), but only if the owner provides the Zoning Officer
with sufficient proof of the following and otherwise complies in all
respects with this chapter:
(1)
The lot is developed, and was developed pursuant to an iteration
of this chapter;
(2)
The owner of the lot for the building permit owned the lot continuously
from the time the prior ordinance was in effect, up to the present;
and
(3)
That, in order to accomplish the expansion of the existing principal
building and/or construction of a permitted accessory building or
structure, the owner needs the benefit of the zoning regulations found
in the prior ordinance for this group of --and only these --zoning
regulations: lot coverage; paved area; building setback; rear yard;
and/or side yard; the owner cannot elect to proceed with some but
not all of this group of zoning regulations.
[Amended 7-13-2020 by Ord. No. 832]
The building height limitations contained within this chapter shall not apply to chimneys, spires, cupolas, antennas and other similar appurtenances customarily attached to principal buildings as determined by the Zoning Officer, usually required to be placed above the roof level provided they are not intended for human occupancy, provided that any such projection which exceeds the height limitations of the applicable zoning district shall not be greater in height above its base than the shortest distance from such base to any lot line, and provided that telecommunications towers and other such structures shall not be exempt. See also § 390-71.8, Telecommunications.
Agricultural activities permitted to be conducted within the
Township by this chapter may be conducted even though those activities
may create an annoyance or inconvenience to neighboring residential
uses due to sights, sounds, smells or other conditions resulting from
the agricultural activities, provided that the agricultural activities
are conducted in accordance with any and all regulations of the Township
and the state and are not conducted in a manner which creates a definite
danger to the health or safety of neighboring uses. To control erosion
and pollution, there is established a riparian buffer along the edge
of all waterways, wetlands, and water bodies of 12 feet or as provided
in the Exeter Township Floodplain Ordinance,[1] whichever is greater.
A.
Intent. Areas exist and are created during the subdivision and land
development process within each zoning district that would have special
constraints on development because of the topography. These concerns
include soil erosion, stream siltation, unsatisfactory on-lot sewage
disposal, excessive cut and fill requirements, loss of vegetation
and increased runoff and flooding. The intent of this section is to
establish certain restrictions relating to permitted uses, bulk, area
and coverage requirements for property located on (mean) slopes of
15% or more and to control the creation of new, man-made very steep
slope areas and their attendant problems. It is not the intent, however,
to prohibit development, but merely to insure that adequate consideration
has been given to these unique problems and that adequate safeguards
will be taken.
B.
CATEGORY I STEEP SLOPE AREA
CATEGORY II STEEP SLOPE AREA
MEAN SLOPE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any area, whether existing or proposed, where the mean slope
of the land is 15% or greater but less than 25%, and has an elevation
change of 10 feet or greater.
Any area, whether existing or proposed, where the mean slope
of the land is 25% or greater and has an elevation change of 10 feet
or greater.
Determined by dividing the elevation change by the horizontal
distance measured perpendicular to the contour lines over which the
elevation change occurs.
D.
Minimum lot area. The minimum lot area for a lot containing Category
I and/or Category II steep slope shall be the greater of:
(1)
The minimum lot area of the applicable zoning district; or
(2)
The summation of the following:
(a)
The percentage of the lot area having slopes less than 15% multiplied
times the minimum lot area required for the district within which
it is located; plus
(b)
The percentage of the lot area having Category I steep slopes
multiplied times three acres; plus
(c)
The percentage of the lot area having Category II steep slopes
multiplied times five acres.
E.
Minimum lot width. The minimum lot width for a lot containing Category
I and/or Category II steep slopes shall be the greater of:
(1)
The minimum lot width of the applicable zoning district; or
(2)
The summation of the following:
(a)
The percentage of the lot area having slopes less than 15% multiplied
times the minimum lot width required for the district within which
it is located; plus
(b)
The percentage of the lot area having Category I steep slopes
multiplied times 200 feet; plus
(c)
The percentage of the lot area having Category II steep slopes
multiplied times 300 feet.
F.
Existing Category II steep slopes.
(1)
Existing (non-man-made) Category II steep slopes shall not be altered,
regraded, cleared, built upon or otherwise disturbed unless such disturbance
is necessary:
(a)
To accommodate an access drive or driveway where the applicant
has demonstrated to the Township's satisfaction there is no other
feasible route for such an access drive or driveway and if the slope
is disturbed to the minimum extent necessary to accommodate such access
drive or driveway.
(b)
To accommodate a trail or trails that are part of an existing
or planned trail network and are located and constructed based upon
accepted best management practices for minimizing erosion.
(c)
To install underground utilities where the applicant has demonstrated
to the Township's satisfaction that no alternative location is feasible
and that the proposal consists of the minimum disturbance necessary
to provide utility service.
(d)
To construct a single-family detached dwelling unit on a lot
that consists entirely of very steep slope area, provided that the
following conditions are met:
(2)
In
no case shall more than 10% of the area containing existing (non-man-made)
Category II steep slopes be disturbed.
G.
Except as permitted in Subsection F above, existing (non-man-made) Category II steep slope areas shall be left undisturbed and shall be subject to a permanent conservation easement that specifically prohibits:
(1)
Removal of healthy trees and/or vegetation (exotic or noxious species
excepted).
(2)
Earthmoving, earth disturbance, or other alteration of the site ecology,
including, but not limited to, the installation of roadways, driveways,
on-lot septic systems, sanitary or storm sewers, infiltration systems
and stormwater detention basins.
H.
In no case shall more than 25% of the area containing existing (non-man-made)
Category I steep slopes be disturbed.
I.
Creation of new, man-made steep slope areas.
(1)
Surface mining activities, where permitted under this chapter, may
create new steep slope areas or near vertical walls pursuant to the
regulations established by the Commonwealth of Pennsylvania.
(2)
Man-made embankments adjacent to street rights-of-way which are the
result of cut-and-fill operations are permitted, provided that the
following conditions are met:
(a)
The full width of the street right-of-way shall be graded as
required by the Exeter Township Subdivision and Land Development Ordinance
and Exeter Township standards.
(b)
The maximum man-made slope permitted adjacent to a street right-of-way
shall be three horizontal to one vertical and begin or end at the
edge of the street right-of-way and extend outwards from the right-of-way
into the lot or property.
(c)
No portion of a retaining wall or its supporting elements shall
be placed or extend into the street right-of-way. All retaining walls
located on the low side of a street shall be set back from the right-of-way
a sufficient distance to permit repair work on the wall without adverse
effects on any portion of the street right-of-way, sidewalk, curb,
cartway or other features which may exist within the right-of-way.
(d)
The maximum height of a retaining wall or stabilized rock face
shall be limited to 10 feet.
(4)
Temporary excavations for the construction of buildings and structures
are permitted, provided that the natural grade is restored postconstruction.
(5)
No earth or soil slope shall be created that exceeds three horizontal
to one vertical except for landscape berms or terraces having a height
of five feet or less may have grades that exceed three horizontal
to one vertical as long as the applicant stabilizes such berms/terraces
to the satisfaction of the Township Engineer.
(6)
Retaining walls.
(a)
Retaining walls and/or exposed/stabilized/rock faces, adjacent
to side and/or rear lot or tract boundary lines, shall be set back
from said lines a minimum of 10 feet;
(b)
Retaining walls and exposed/stabilized rock faces supporting
an excavation or fill in excess of 10 feet shall be terraced (depth
of each terrace segment shall not be less than the height of the wall
segment immediately below) with no individual wall segment having
a height greater than 10 feet.
J.
Procedures. Existing lots not requiring subdivision or land development
plan approval prior to development.
(1)
In submitting a permit application for any construction or activity
within Category I and/or Category II steep slopes, the applicant shall
submit a plan showing the Category I and Category II steep slopes.
The Zoning Officer will not issue a permit until a plan is submitted
indicating, to the satisfaction of the Township Engineer, that all
potential problems of steep slopes have been resolved.
(2)
The applicant shall submit plans showing existing and proposed topography,
proposed structure and building locations, streets and driveways location
and grade, site drainage, sanitary facilities, grading plan, revegetation
or planting plan prepared by a registered architect, engineer or landscape
architect. Plans shall be accompanied by drawings or a statement of
how problems of surface water runoff, erosion, soil stabilization,
on-lot sewage disposal, revegetation, sediment control and all other
associated problems are proposed to be overcome.
(3)
Should the area designated as steep slopes be found to be inaccurate,
based on a topographical survey prepared by a licensed surveyor or
engineer, showing two-foot contour intervals, then the zoning requirements
for such property shall be based upon the topographical survey.
K.
Lots and parcels subject to subdivision and land development review
and approval will be evaluated for conformance with this section during
the review and approval process for the plan.
A.
Natural resources are defined to include: trees, water, topsoil,
minerals, rocks and other products of the earth.
B.
Except where listed as a permitted use elsewhere in this chapter,
or where permitted as part of the land development process by the
Exeter Township Subdivision and Land Development Ordinance, removal
of natural resources from a lot is not permitted.
[Amended 10-9-2017 by Ord. No. 778]
A.
Purpose. It is hereby declared that historic resources are public
necessities and that the preservation and protection of historic resources
is in the interest of the education, property values, and general
welfare of the citizens of Exeter Township. The purposes of this section
are as follows:
(1)
To protect the integrity and promote general welfare of the Class
I, Class II, Class III, and Class IV historic resources of Exeter
Township;
(2)
To establish a clear process by which proposed changes affecting
historic resources are reviewed by the Exeter Planning Commission
and the Board of Supervisors;
(3)
To encourage and promote the continued, viable use of historic resources
in Exeter Township and to facilitate their appropriate reuse;
(4)
To encourage the preservation of historic settings and landscapes;
(5)
To discourage the unnecessary or negligent demolition of historic
resources in Exeter Township;
(6)
To mitigate the negative effects of proposed changes on historic
resources;
(7)
To promote the goals of the Pennsylvania Constitution at Article I, Section 27, which states the policy of encouraging the preservation of historic and aesthetic resources; and
(8)
To maintain the property rights of all real property owners within
Exeter Township.
B.
APPLICANT
CULTURAL STUDIO
DEMOLITION BY NEGLECT
(1)
(a)
(b)
(c)
(d)
(2)
DEMOLITION or DEMOLISH
OWNER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A party that files plans, submissions, studies, and/or applications
with the Township concerning historic resources, including, without
limitation, an historic resources impact study and/or the adaptive
reuse, rehabilitation, and/or demolition of an historic resource.
Any building used to present cultural, scientific, or academic
lectures or performances or art displays to the general public by
any entity, whether that entity is commercial, noncommercial, nonprofit,
or for-profit.
Failure to provide ordinary and necessary maintenance and repair
to a building or structure designated as a Class I, II, or III historic
resource on the Township Historic Resource Map, except for ruins existing
at the time of adoption of this section, whether by ordinary negligence
or willful neglect, purpose, or design, by the owner or any party
in possession thereof, which results in any of the following conditions:
The deterioration of exterior features so as to create a hazardous
or unsafe condition or to permit such a condition to exist;
The deterioration of exterior walls, roofs, chimneys, or windows;
The lack of adequate waterproofing; and/or
Deterioration of the structural system or foundations that will
or could result in permanent damage or loss of exterior features.
This term includes, without limitation, having a building or
structure open or vulnerable to vandalism or decay by the elements.
The razing or destruction, whether entirely or in significant
part, of a building, structure, or site. Demolition includes, without
limitation, the removal of a building or structure from its site or
the removal, stripping, concealing, or destruction of the facade or
any significant interior or exterior architectural features integral
to the historic character of the resource, for whatever purpose, including
new construction or reconstruction.
The owner of private and/or public property within Exeter
Township.
C.
Historic resources classifications and Historic Resources Map.
(1)
The Township hereby adopts the Historic Resources Map, which is incorporated
into this Zoning Ordinance as Appendix A.[1] The Historic Resources Map delineates the historic resources
subject to the provisions of this section. The historic resources
shall be segregated into classes, as defined below and as designated
on the Historic Resources Map:
(a)
Class I historic resources.
[1]
Any historic resource currently listed on the United States'
Department of the Interior's National Register of Historic Places
or that has received a determination of eligibility (DOE) from the
Keeper of the National Register of Historic Places, either individually
or as part of a complex/district; or
[2]
Any historic resource that has received a determination of eligibility
(DOE) from the Pennsylvania Historical and Museum Commission, Bureau
for Historic Preservation.
[3]
A building, site, structure, and/or district shall be designated
as a Class I historic resource only if the owner of the historic resource
affirmatively signifies its agreement in writing to be designated
as such and notes that such designation shall be binding on the owner's
heirs, successors, and assigns. Upon approval by the Township Board
of Supervisors of a property receiving a Class I designation, the
Historic Resources Map attached as Appendix A[2] shall be revised to reflect the same.
[2]
Editor's Note: Appendix A is on file in the Township offices.
(b)
Class II historic resources. Historic resources individually
listed on a state inventory of historic places by the State Historic
Preservation Office, where the owner of the historic resource has
agreed to such Class II designation. Such agreement by the owner of
the historic resource shall be memorialized in writing to the Township,
affirmatively signifying the agreement to be so designated and noting
that such designation shall be binding on the owner's heirs, successors,
and assigns. Upon approval by the Township Board of Supervisors of
a property receiving a Class II designation, the Historic Resources
Map attached as Appendix A[3] shall be revised to reflect the same.
[3]
Editor's Note: Appendix A is on file in the Township offices.
(c)
Class III historic resources.
[1]
Buildings, sites, structures, and/or districts not designated
as a Class I or II historic resource, but determined by the Township
to be of historical or architectural significance. In rendering a
determination as to the eligibility as a Class III historic resource,
the following considerations shall be assessed:
[a]
Whether the historic resource has significant character,
interest, or value as part of the development, heritage, or cultural
characteristics of the Township, county, region, commonwealth or nation,
or is associated with the life of an historically significant person;
[b]
Whether the historic resource is associated with
an event of importance to the history of the Township, county, region,
commonwealth, or nation;
[c]
Whether the historic resource embodies distinguishing
characteristics of an architectural style or engineering specimen;
[d]
Whether the historic resource is a noteworthy work
of a designer, architect, landscape architect, or engineer whose work
has significantly influenced the historical, architectural, economic,
social, or cultural development of the Township, county, region, commonwealth,
or nation;
[e]
Whether the historic resource has yielded, or may
be likely to yield, information and/or artifacts important in history;
or
[f]
Whether the historic resource exemplifies the cultural,
political, economic, social, or historic heritage of the community.
[2]
A building, site, structure, and/or district shall be designated
as a Class III historic resource only if the owner of the historic
resource affirmatively signifies its request or agreement in writing
to be designated as such and notes that such designation, if granted,
shall be binding on the owner's heirs, successors and assigns. Upon
approval by the Township Board of Supervisors of a property receiving
a Class III designation, the Historic Resources Map attached as Appendix
A[4] shall be revised to reflect the same.
[4]
Editor's Note: Appendix A is on file in the Township offices.
(d)
Class IV historic resources. Buildings, sites, structures, and/or
districts that satisfy some or all of the standards of a Class I,
II, or III historic resource that the owner would like recognized
on the Historic Resources Map, but for which the owner desires not
to otherwise utilize the provisions of this section. This classification
does not afford benefits or require restrictions as to the use of
the property as regulated by this section, but does afford recognition
on the Historic Resources Map. Upon approval by the Township Board
of Supervisors of a property receiving a Class IV designation, the
Historic Resources Map attached as Appendix A[5] shall be revised to reflect the same. A Class IV historic resource is excluded from the benefits and/or restrictions set forth in § 390-70 (adaptive reuse standards).
[5]
Editor's Note: Appendix A is on file in the Township offices.
[1]
Editor's Note: Appendix A is on file in the Township offices.
(2)
The Historic Resources Map and the classifications of the historic
resources thereon may be revised by ordinance from time to time by
the Township Board of Supervisors. The Township shall not incorporate
a property as a Class I, II, III, or IV historic resource without
the written request and/or consent by the owner to do so. To the extent
that an owner desires to have its property listed as an historic resource,
it shall submit all documentation to the Township and Planning Commission
necessary to establish the above-listed classification criteria. Dependent
upon the particular location and character of the proposed historic
resource and of the surrounding neighborhood, the Township Board of
Supervisors may require as a condition of approving the historic resource
class designation that an owner enter into an historic resources conservation
easement to limit the potential use or adaptive reuse of the property,
as well as to incorporate appropriate additional setbacks, parking,
landscaping, or other area and bulk requirements, all of which to
guide the future use of the property in a manner consistent with its
proposed classification.
D.
Adaptive reuse of Class I, II, and III historic resources. Historic resources may be adaptively reused pursuant to the criteria set forth in Zoning Ordinance § 390-70.
E.
Planning Commission review and recommendation. All plans, submissions,
studies, and applications submitted to the Township, either to the
Board of Supervisors or the Zoning Officer, pursuant to this section
shall be forwarded to the Township Planning Commission for its review
and comment within five business days of receipt by the Township.
The Planning Commission shall provide all such recommendations to
the Township no later than 45 days after receipt of the plans, submissions,
studies, and applications by the Township. In the event the Planning
Commission requires additional time to review the plans, submissions,
studies, or application and make recommendations, the Planning Commission
shall notify the Township of the need for up to an additional 15 days.
F.
Historic resources impact study.
(1)
Applicability. An applicant shall be required to submit to the Township for review and consideration an historic resources impact study when otherwise required by this § 390-51, or, at a minimum, when the applicant has proposed any of the following: land development of a tract on which a Class I or Class II historic resource is located; or the construction of any structure within 300 feet of the exterior walls of a Class I historic resource, including, without limitation, fences, stormwater management improvements, landscaping, and grading work when a part of a land development application. This provision does not apply to Class III or IV historic resources.
(2)
Purpose and preparation. The historic resources impact study shall
be prepared to describe the existing conditions of the site and the
setting in which the historic resource is located, evaluate the proposed
development or land development vis-a-vis any potential adverse impacts
on the historic resource, and allow the Township to assess whether
particular setbacks, architectural controls, landscaping, screening,
buffering, and other protections may be necessary to mitigate any
adverse impact of proposed development on the existing historic resource.
The historic resource impact study shall be prepared by a qualified
professional in historic preservation, historical architecture, landscape
architecture, or related disciplines, and presented by the applicant
or his agent for discussion at a meeting of the Exeter Planning Commission.
(3)
Content. The historic resources impact study shall contain the following
information:
(a)
Background information.
[1]
A general description of the site and its existing conditions,
including topography, watercourses, vegetation, landscaping, existing
buildings, viewsheds, improvements, and structures;
[2]
A general description and classification of all historic resources on the property or within the three-hundred-foot setback area discussed in Subsection F(1);
[3]
A physical description of all historic resources on the property or within the three-hundred-foot setback area discussed in Subsection F(1);
[4]
A statement of the significance of each historic resource;
[5]
A sufficient number of eight-by-ten color photographs to show every historic resource on the property or within the three-hundred-foot setback area discussed in Subsection F(1), in its setting; and
[6]
A narrative description of the historical development of the
subject tract and the area in which the historic resource is located.
(b)
Proposed changes.
[1]
A general description of the project, including the timetable
or development phases;
[2]
A description of the impact on each historic resource identified
in the subsection above with regard to the architectural integrity,
the historic setting, and the future use; and
[3]
A general description of the effect on the lighting, stormwater,
intensity, or character of use, traffic and any other potential impacts
generated by the proposed change on each historic resource.
(c)
Mitigation measures. Proposals for mitigating the project's
impact on the historic resources for consideration by the Planning
Commission and Zoning Officer, including design alternatives, buffering,
landscaping, and any other appropriate measures permitted under the
terms of this section and other Township ordinances. The mitigation
measures shall be consistent with the historic integrity of the historic
resource and the standards for rehabilitation set forth in this section.
G.
Standards for rehabilitation of an historic resource.
(1)
Any proposed rehabilitation, alteration, or enlargement of an historic
resource under this section shall comply with the standards set forth
in the Secretary of the United States Department of the Interior's
Standards for Rehabilitation, which are outlined, in part, below.
The standards below are not exclusive, and the applicant shall review
and comply with all standards that may apply. If an applicant is proposing
to rehabilitate an historic resource where land development approval
is required, the land development plan may be treated as a minor subdivision
as defined by the Exeter Township Subdivision and Land Development
Ordinance.[6] Such classification as a minor subdivision is not applicable
if the applicant is proposing additional land development or subdivision
as a component of the subdivision and land development plan application.
All permits, plans, and applications to rehabilitate an historic resource
shall be subject to the review of the Planning Commission and Zoning
Officer.
(2)
Standards for rehabilitation:
(a)
Every reasonable effort shall be made to provide a compatible
use for a property that requires minimal alteration of the building,
structure, or site and its environment, or to use a property for its
originally intended purpose.
(b)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(c)
All buildings, structures, and sites shall be recognized as
products of their own time. Alterations that have no historical basis
and which seek to create an earlier appearance shall be discouraged.
(d)
Changes that may have taken place in the course of time are
evidence of the history and development of a building, structure,
or site and its environment. These changes may have acquired significance
in their own right and this significance shall be recognized and respected.
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure, or site shall be treated
with sensitivity.
(e)
Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical, or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(f)
Sandblasting and other cleaning methods that will damage the
historic resource materials shall not be undertaken.
(g)
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by, or adjacent to, any project.
(h)
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural, or cultural
material and such design is compatible with the size, scale, color,
material, and character of the property, neighborhood, or environment.
(i)
Wherever possible, new additions or alterations to structures
shall be done in such a manner that if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
H.
Demolition of historic resources.
(1)
Demolition permit requirement. In addition to any building, demolition,
or other permit required by the Township Zoning Ordinance, the Township
Building and Fire Codes, or otherwise, historic resources may be demolished,
destroyed, or removed, in whole or in part, only pursuant to an historic
resources demolition permit issued by the Township Zoning Officer,
upon recommendation by the Planning Commission and pursuant to the
applicant satisfying the provisions of this section.
(2)
Application requirements for an historic resources demolition permit.
An applicant seeking an historic resource demolition permit shall
provide the following information to the Township Zoning Officer for
review and consideration with regard to the proposed demolition of
the historic resource:
(a)
The name, address, and signature of the owner;
(b)
The classification/designation of the historic resource on the
Historic Resources Map;
(c)
A site plan showing all buildings, structures, driveways, natural
features, and improvements on the property;
(d)
Recent photographs of the historic resource proposed for demolition;
(e)
The reasons for the demolition;
(f)
A written description of the method of demolition;
(g)
A written description of the proposed future use(s) of the site
and for the salvaged materials from the demolished historic resource
that will be repurposed; and
(h)
A written description of all efforts undertaken by the applicant
to preserve the historic resource.
(3)
In any instance where there is a claim that an historic resource cannot be used for any purpose for which it is, or may be, reasonably adapted, or where a permit application for demolition is based, in whole or in part, on a financial hardship, the applicant shall submit, by affidavit, the information required in Subsection H(5) below (financial analysis). Through the course of the review of an application for an historic resources demolition permit, the Township Planning Commission and/or the Township Zoning Officer may require the applicant to conduct, at the applicant's expense, evaluations or studies reasonably necessary in the sole opinion of the Township to determine whether the historic resource has or may have alternate uses consistent with preservation.
(4)
Zoning Officer determination. Subsequent to the review of the Planning Commission (or the expiration of such time period), the Zoning Officer is authorized to issue, conditionally issue, or deny the permit application in writing. The Zoning Officer shall issue its determination within 30 days after the date of the Planning Commission's recommendation, except as such time period is extended by the applicant. The applicant shall have the right to appeal the Zoning Officer's determination to the Township Zoning Hearing Board as set forth in § 390-96. Additionally, the following guidelines apply:
(a)
No historic resource demolition permit shall be issued unless the applicant establishes that the issuance of the permit is necessary in the public interest, that the historic resource cannot be used for any other purpose for which it is or may be reasonably adapted, or that the maintenance of the historic resource is economically unfeasible in accordance with the economic analysis in Subsection H(5) below. To show that the historic resource cannot be used for any purpose for which it is or may be reasonably adapted, the applicant must demonstrate that it has undertaken bona fide efforts to preserve, sell, rent, or otherwise maintain the historic resource.
(b)
Documentation. Prior to the issuance of an historic resource
demolition permit, the Zoning Officer, upon recommendation by the
Planning Commission, may require the applicant to provide documentation
of the historic resource proposed for demolition. Such documentation
may include photographs, floor plans, measured drawings, an archaeological
survey, and any other comparable form of documentation to appropriately
document the nature of the historic resource to be demolished.
(5)
Financial analysis. In its review of an application to demolish an
historic resource, the Township Planning Commission may require the
applicant to prepare a financial analysis, which may include any or
all of the following:
(a)
The amount paid for the historic resource, date of purchase,
and party from whom purchased, including a description of the relationship,
whether business or familial, if any, between the current owner and
the prior owner;
(b)
The assessed value of the land and improvements thereon according
to the most recent tax assessment;
(c)
For depreciable properties, a pro forma financial statement
prepared by an accountant or broker of record;
(d)
All appraisals obtained by the owner in connection with its
purchase or financing of the historic resource, or during the owner's
ownership of the historic resource;
(e)
Bona fide offers for sale or rent of the historic resource,
price asked, and offers received, if any;
(f)
Any consideration by the owner as to profitable, adaptive uses
for the historic resource and any other practical uses; incentives
that could be offered by the Township to preserve the historic resource;
and any input from local, state, or federal historic preservation
and architectural organizations or agencies; and
(g)
Where relevant, written estimates of the cost(s) of restoration
and/or renovation from at least two professional restoration contractors.
(6)
Any costs incurred by the Planning Commission to review plans or
studies submitted by the Planning Commission's consultant specifically
retained for this purpose shall be reimbursed to the Township by the
applicant.
I.
Demolition by neglect. No historic resource shall be demolished by
neglect. It shall be the responsibility of the owner to maintain the
historic resource to prevent against its demolition by neglect. If
the owner lacks the financial capacity to maintain the historic resource,
the owner shall notify the Township in writing by letter directed
to the Chairperson of the Board of Supervisors so that consideration
can be given by the Township to the potential for appropriate preservation
and/or adaptive reuse of the historic resource.
J.
Enforcement.
(1)
Fines and penalties. Any person who violates the requirements of this section shall be subject to the enforcement actions, fines, penalties, and causes of action set forth in § 390-89 of this chapter.
(2)
The Township shall withhold issuing any building and/or occupancy
permits for a period of one year for a property occupied by an historic
resource that was subsequently demolished, either by neglect or by
violation or disregard for the provisions of this section.
Outdoor storage of any type shall not be permitted unless such
storage is a part of the normal operations conducted on the premises,
subject to requirements of the prevailing zoning district.
A.
A special exception is required from the Zoning Hearing Board if
a person desires to maintain a private aircraft on his lot. In addition
to the information required elsewhere in this chapter, the following
information shall be submitted to the Zoning Hearing Board:
(1)
A map of the lot indicating the runway/landing area, necessary approach
zone and parking apron;
(2)
A statement indicating the reasons for the need to utilize an aircraft
and the flight experience of the applicant;
(3)
A description of the type of aircraft to be used with its stated
capacities;
(4)
A statement of the intended use of the aircraft and prospective pilots.
B.
The following standards shall be satisfied:
(1)
There must be a setback called the lateral clear zone extending 500
feet from the center line of the runway/landing area to any lot line;
(2)
No aircraft other than one single-engine propeller-driven aircraft
or three-seat helicopter shall be permitted;
(3)
No application shall be approved which does not provide a runway
of 1,500 feet, an approach zone of 1,000 feet and a parking apron
of 1,000 feet;
(4)
No activities shall be permitted by which any commercial use is made
of the aircraft;
(5)
Approval from the Federal Aviation Administration shall be received
and all FAA regulations shall be adhered to.
(6)
No night landings shall be permitted;
(7)
No runway/landing area shall be paved or equipped with landing lights
unless required by FAA regulations.
Each manufactured or industrialized housing unit shall be provided
with a permanent foundation that will not heave, shift, settle or
move due to frost action, inadequate drainage, vibration or other
forces acting on the foundation. The foundation shall be of adequate
size, material and construction so as to be durable and adequate for
the support of the maximum anticipated loads during all seasons of
the year. All open spaces between the floor and foundation shall be
permanently enclosed to prevent unauthorized entry and to conceal
supports and utility connections. Every unit shall be anchored to
the foundation to prevent overturning or uplift. Manufactured or industrialized
housing shall conform to all applicable provisions contained within
the Pennsylvania Uniform Construction Code. The application for placement
of the units shall be accompanied by specifications for the foundation
and anchoring and calculations indicating that the foundation and
anchoring are adequate to meet the standards of this section.
A.
Content of environmental assessment statements. The purpose of the
assessment is to determine the impact of the project on the existing
site, and the resultant changes the proposal will have on the immediate
site and surrounding area. In the preparation of this document only
factual information, not subjective qualitative statements, shall
be presented by the applicant. All sections below shall be addressed:
(1)
Description of the proposal: describe the proposed or recommended
action, its purpose, where it is to be located, when it is proposed
to take place and its interrelationship with other projects or proposals,
including information and technical data sufficient to permit assessment
of environmental impact by reviewing agencies.
(2)
Description of the environment: include a comprehensive description
of the existing environment without the proposal and the probable
future environment with the proposal. This description should focus
both on the environmental details most likely to be affected by the
proposal and on the broader regional aspects of the environment, including
ecological interrelationships. Particular attention should be given
to the potential effects of past or present use of the site as a repository
of toxic or hazardous wastes.
(3)
The environmental impact of the proposed action: describe the environmental
impacts of the proposed action. These impacts are defined as direct
or indirect changes in the existing environment, either beneficial
or detrimental. Whenever possible, these impacts should be quantified.
This discussion should include the impact not only upon the natural
environment but upon land as well. Provide separate discussion for
such potential impacts as man-caused accidents and natural catastrophes
and their probabilities and risks. Specific mention should also be
made of unknown or partially understood impacts.
(4)
Mitigating measures included in the proposed action: include a discussion
of measures which are proposed to be taken or which are required to
be taken to enhance, protect or mitigate impacts upon the environment,
including any associated research or monitoring.
(6)
The relationship between local short-term uses of man's environment
and the maintenance and enhancement of long-term productivity: discuss
the local short-term use of the environment involved in the proposed
action in relation to its cumulative and long-term impacts and give
special attention to its relationship to trends of similar actions,
which would significantly affect ecological trends of similar actions,
which would significantly affect ecological interrelationships or
pose long-term risk to health and safety. Short-term and long-term
do not refer to any fixed time periods, but should be viewed in terms
of the various significant ecological and geophysical consequences
of the proposed action.
(7)
Any irreversible or irretrievable commitments of resources which
would be involved in the proposed action should it be implemented:
discuss and quantify, where possible, any irrevocable uses of resources,
including such things as resource extraction, erosion, destruction
of archaeological or historical sites, elimination of endangered species'
habitat and significant changes in land use.
(8)
Alternatives to the proposed action: describe the environmental impacts,
both beneficial and adverse, of the various alternatives considered.
B.
Outline considerations for developing environmental assessment statements:
(1)
Description of the proposal:
(a)
Who is proposing the action?
(b)
What is the nature of the action to be taken?
(c)
What is it designed to accomplish? What identified needs will
be met and to what degree?
(d)
Where will it take place?
(e)
When will it take place? Indicate phasing of acquisition and
development items, if applicable, and timetables for completion.
(f)
How does it fit in with the planning efforts, local agencies,
comprehensive plans, etc.?
(2)
Describe the environment:
(a)
What are the present and past land uses of the site and of the
surrounding area?
(b)
Comment on any special topographic features which may be present.
(c)
Describe the site's surface and subsurface geologic characteristics.
(d)
Describe the nature of the soils in the area, particularly their
fertility and susceptibility to erosion.
(e)
Describe the area's water resources, with specific reference
to groundwater, water quality, aquifers and aquifer recharge areas
and areas subject of flooding.
(f)
Describe the area's vegetation, including species composition,
distribution, commercial utility and aesthetics. Special reference
should be made to unusual or unique species.
(g)
Describe the nature of existing transportation routes in the
immediate area and the accessibility to the project site.
(3)
Environmental impact of the proposed action:
(a)
What will be the effect on land uses in the area?
(b)
Will the project affect any site listed on the National Register
of Historic Places?
(c)
In what way will soils and topography to affected? Consider
such things as soil compaction, erosion, exposure of slopes, excavation,
creation of unstable slope/soil configurations, cutting and filling,
removal of topsoil, paving, loss of existing natural landscape qualities,
blockage of view lines to landmarks, blockage of view corridors, etc.
(d)
Will solid wastes be generated? How and where will they be disposed
of? Indicate what types and volumes will be generated and how and
whether they will be stored prior to disposal and method of disposal.
Discuss removal of clearance, demolition and construction wastes.
(e)
How will water resources be affected? Consider the water table,
runoff, sewer systems, rivers and streams, water supply, etc. Indicate
content of any effluent which will be discharged. Address loss of
floodwater absorption capacity in natural absorption areas, effects
on stream volume, velocity and seasonal flows, diversions or blockage
of surface water, alterations of natural watercourses, introduction
or increase of effluents or toxic, hazardous or radioactive substances
to runoff or water bodies, effects on aquatic life, any blockage or
impairment of access to watercourses, effects on groundwater recharge,
release of groundwater supply, withdrawal of groundwater supplies,
blockage of groundwater flow, contamination of groundwater supply,
effect on water temperatures, sedimentation, changes in levels of
water bodies.
(f)
How will vegetation be affected? Discuss the removal of ground
cover, loss of valuable local species, loss of wildlife habitat, introduction
of vegetation which will spread onto adjacent lands, introduction
of exotic vegetation, creation of areas of highly visible, dying or
decaying vegetation.
(g)
How will fauna be affected? Consider habitat destruction, reduction
of population, impact caused by human intrusion, mobility restrictions,
food chains, etc.
(h)
How will transportation routes be affected? Consider congestion,
hazards, capacities of affected roads and intersections, traffic to
be generated, generation of truck traffic.
(i)
Effect on air quality and ambient noise level? Include what
odors will originate; types and concentrations of gases, vapors, particulates
and smoke; noise and vibration levels at property lines. Indicate
whether heat or glare will be present near property lines and level
of heat and/or glare. Indicate levels of electromagnetic radiation
at property lines. Indicate effects on local temperatures and wind
circulation and whether there are any plants, animals or materials
in the area that are particularly susceptible to expected emissions.
Indicate the nature, concentration and quantity of radioactive material
to be discharged to the environment, pathways for entering the environment,
dose to populations and biota and possible concentrations through
food chains.
(j)
Describe management practices proposed for the area.
(4)
Mitigating measures included in the proposed action. Discuss actions
or measures which will be taken to avoid or alleviate adverse environmental
effects. Include reference to erosion control methods and adherence
to air, noise or water pollution control techniques and standards.
(5)
Unavoidable adverse effects. If adverse effects have been identified in Subsection B(3) and cannot be mitigated, they should again be identified here. Describe who or what will be affected, and to what degree. Quantify wherever possible.
(6)
Relationship between the local and short-term use of man's environmental
and the maintenance and enhancement of long-term productivity. What
are the impacts of the proposal in the context of other similar projects.
In what way will future generations be affected by the currently proposed
action? How do the immediate and long-range impacts of the area with
the project compare with the immediate and long-range impacts without
the project?
(7)
Any irreversible or irretrievable commitments of resources. Discuss
any irrevocable commitments of resources resulting from implementation
of the proposal. An evaluation must be made of the extent to which
the proposed action curtails or restricts the range of possible resources
uses. Such commitments may occur because of resources extraction,
erosion, destruction of archeological, geological or historic features,
destruction of fragile habitat or endangered species habitat, unalterable
changes in land use and resources used in project development.
(8)
Alternatives to the proposed action. Identify alternatives which
may be considered, including modification of the present proposal
and different approaches to gaining the same result. The beneficial
and adverse effects of the alternatives should be discussed, along
with the reasons for rejection. Where appropriate, consideration should
be given to alternate construction methods which may avoid environmental
degradation.
A.
Timber harvesting is permitted as part of a timber harvesting plan,
forest management plan or forest stewardship plan, and a timber harvesting
permit shall be required for timber harvesting on lot sizes of one
acre or greater. A forest is more than a collection of trees. It is
a dynamic ecosystem, defined by the interactions of living organisms
with their environment. To use this resource wisely requires a broad
understanding of the biological processes involved as well as an appreciation
for the economic, social, and personal pressures that influence woodlot
management decisions. By practicing sound forest management, the owner
and community can reap great benefits from the forest: clean water,
forest products, wildlife, and aesthetic enjoyment. For these reasons
timber harvesting shall be done only in accordance with a forest management
plan, a timber harvesting plan or forest stewardship plan prepared
by a forester. Timber harvesting under this section shall not be in
association with subdivision, land development, or construction activities.
Tree removal in association with subdivision, land development, and
construction activities is governed by the Exeter Township Subdivision
and Land Development Ordinance,[1] as amended, and the Exeter Township Tree Ordinance,[2] as amended. The applicant shall submit the following plans
and reports at least 30 days prior to the scheduled start of the timber
harvest for review and approval by the Zoning Officer, who may consider
recommendations from the Exeter Township Environmental Advisory Council:
[Amended 11-26-2018 by Ord. No. 817]
(1)
Either a timber harvesting plan, a forest management plan or a forest
stewardship plan shall be submitted, containing the following elements:
(2)
Methods.
(b)
Clear-cutting is only permitted when the Forestry Bureau's applicable
reservation guidelines are followed, and is fully justified by a forester
preparing the timber harvesting plan, forest management plan or forest
stewardship plan, as the timber harvest method necessary to improve
regeneration of a forest.
(3)
A harvested tree inventory report shall be prepared for the area
included in the timber harvest. The harvested tree inventory report
shall include the number of each species and diameter of trees harvested
per acre and will be utilized by the Township to determine replacement
tree requirements pursuant to Exeter Township Tree Ordinance, as amended,[3] in the event that a subdivision or land development plan
is submitted within five years of the date that a zoning permit is
issued to allow the timber harvest.
(4)
An erosion and sedimentation pollution control plan (E&SPC plan)
utilizing best management practices (BMPs) designed to prevent erosion
and sedimentation during and after the timber harvest operation shall
be submitted at the same time the harvested tree inventory report
and timber harvest plan, forest management plan or forest stewardship
plan is filed. Evidence that the E&SPC plan has been approved
by the Berks County Conservation District and/or the PA Department
of Environmental Protection shall be submitted to the Zoning Officer
prior to start of the timber harvest. The E&SPC plan shall also
demonstrate compliance with and incorporate the following requirements:
(a)
All cutting, removing, skidding and transporting of trees shall
be planned and performed in such manner as to minimize the disturbance
of or damage to other trees and vegetation and the land. The use of
skid trails rather than skid roads is encouraged.
(b)
Roads and trails shall be constructed, maintained and abandoned
in such manner as to prevent soil erosion and permanent damage to
soil and waterways.
(c)
Roads and trails shall be only wide enough to accommodate the
type of equipment used, and grades shall be kept as low as possible.
(d)
Where possible, stream crossings shall be avoided but, where
deemed necessary, crossings shall be made at a right angle and shall
incorporate suitable culverts or bridges.
(e)
Skidding across a live or intermittent stream is prohibited
except over bridges and culverts.
(f)
Buffer zones.
[1]
Buffer zones of 25 feet shall be maintained in the property
on which the timber harvest is being conducted along all streets and
abutting properties. No buffer zone shall be required between forested
areas on abutting properties (which properties are not separated by
a roadway), however, no tops or slash shall be left on or across a
property boundary without the consent of the adjoining landowner.
[2]
Improvement cutting, salvage cutting, single tree selection
cutting or group selection cutting may be permitted by the Township
Zoning Officer within the twenty-five-foot buffer zone, provided that
the applicant demonstrates and agrees to utilize appropriate measures
to ensure that:
[a]
Trees shall not be felled such that they land within
a public or private roadway without the express written consent of
the Township, landowner (in the case of a private roadway) or Pennsylvania
Department of Transportation, whichever entity being responsible for
the maintenance of such roadway;
[b]
Trees shall not be felled such that they create
a public health, safety or welfare concern;
[c]
Adequate erosion and sedimentation controls, measures
and practices shall be utilized to prevent increased runoff or forest
degradation; and
[d]
Applicant shall be responsible for ensuring that
no tops, slash or other debris resultant from the timber harvesting
impedes any stormwater management facilities or matriculates into
any roadway.
[e]
Buffer zones of 25 feet shall be maintained along any streams and around ponds or springs. Improvement cutting, salvage cutting, single tree selection cutting or group selection cutting may be permitted within the twenty-five-foot pursuant to Subsection A(4)(f) above, subject to the additional restriction that an applicant shall ensure that trees shall not be felled such that they will land within a stream, without the express written consent of the Township and any other necessary outside agency approval; and applicant shall ensure that no tops, slash or other debris resultant from the timber harvesting matriculates into a stream.
[f]
Everything practicable shall be done to prevent
damage to young growth and trees not designated for cutting. Bumper
trees should be used to protect residual trees.
[g]
All limbs and studs shall be removed from felled
trees prior to skidding.
[h]
All trees bent or held down shall be released promptly.
[i]
No trees shall be left lodged in the process of
felling.
[j]
Felling or skidding on or across property of others
is prohibited without the express written consent of the owners of
such property. Felling or skidding on or across streets is prohibited
without the express written consent of either Exeter Township for
Township streets or the PennDOT for state roads.
[k]
No tops or slash shall be left within 25 feet of
any public street right-of-way or adjoining property; within 25 feet
of any stream or historic or scenic trail; or within 10 feet of any
drainage ditch or floodplain.
[l]
The stumps of all felled trees shall be permitted
to remain in the soil for stabilization purposes.
[m]
During periods of abnormal forest fire danger,
as determined by the State Fire Marshal, the Township shall have the
right to order a suspension of all timber harvesting operations until
the danger subsides.
In determining the maximum number of dwelling units permitted
in a townhouse or apartment development or a mobile home park and
the maximum number of travel trailer or tent sites permitted in a
campground, the permitted maximum gross density shall be multiplied
by the net acreage of the apartment or townhouse development, mobile
home park or campground. The net acreage is the total acreage of the
tract being developed minus the acreage of the tract that contains
slopes of 25% or greater, one-hundred-year floodplains, wetlands,
utility rights-of-way and road rights-of-way.
A.
Automotive vehicles or vehicular dwellings of any type, except agricultural
equipment, without current license plates shall not be parked or stored
within an RC, AP, R, SR0, SR1, SR2, SR3 or UR District other than
in completely enclosed buildings.
B.
In NC, HC, SCC, LI, and GI Districts, automotive vehicles or vehicular
dwellings of any type must be stored within completely enclosed buildings
unless the vehicles or vehicular dwellings are for sale at a sales
agency dealing in automotive vehicles and/or vehicular dwellings or
are stored within a junkyard permitted by this chapter.
C.
No tractor-trailer truck, other than a vehicle used in conjunction
with a lawful conforming or nonconforming use, shall be stored within
an SR0, SR1, SR2, SR3 or UR District unless it is stored within a
completely enclosed building.
A.
Solar energy systems.
(1)
The use of solar energy systems, including solar collectors, storage
facilities, and distribution components, for space heating and cooling
and water heating is a permitted accessory use in all zoning districts.
(2)
Solar energy collectors and equipment used for the mounting or operation
of such collectors are exempt from the height limitations stated in
this chapter.
(3)
Apparatus necessary for the operation of solar energy systems, such
as overhangs, moveable insulating walls and roofs, and reflectors
may project up to six feet into required yards, provided that they
are not located closer than six feet to any lot line.
(4)
Detached solar collectors used solely for such purpose shall be considered
permissible accessory structures in all zoning districts, but shall
not be included in computing lot coverage.
B.
Small wind energy systems.
(1)
Small wind energy systems shall be a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth in this section. Wind energy systems with a rated capacity of greater than 100kW shall only be permitted as accessory uses to nonresidential uses in the NC Neighborhood Commercial, HC Highway Commercial, SCC Shopping Center Commercial, GI General Industrial and LI Light Industrial Zoning Districts, noting that such uses shall be limited to use for on-site energy consumption and which shall be subject to compliance with the requirements in Subsection B(2) below.
(2)
General requirements.
(a)
Turbine height limitation. For property sizes less than one
acre, the turbine height shall be limited to 80 feet. For property
sizes of one acre or more, there is no limitation on turbine height,
except as imposed by FAA regulations.
(b)
Wind turbines. Only small wind energy systems approved under
a small wind certification program recognized by the American Wind
Energy Association are permitted. The applicant shall submit certificates
of design compliance obtained by the equipment manufacturers from
Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd
Winder Energies, or other similar certifying organizations. The small
wind energy system must conform to industry standards, including those
of the American National Standards Institute.
(c)
Compliance with Uniform Construction Code. To the extent applicable,
small wind energy systems shall comply with the Pennsylvania Uniform
Construction Code, Act 45 of 1999, as amended, and the regulations
adopted by the Pennsylvania Department of Labor and Industry, building
permit applications for small wind energy systems shall be accompanied
by standard drawings of the wind turbine structure, including the
tower, base and footings. The applicant must submit an engineering
analysis of the tower showing compliance with the Uniform Construction
Code certified by a licensed professional engineer.
(d)
Wind turbines shall not be directly affixed to an existing building
unless the applicant submits certification from an engineer as to
the structural capacity of the building to handle such turbines.
(3)
Controls and braking. All small wind energy systems shall be equipped
with a redundant braking system, including aerodynamic overspeed controls
(including variable pitch, tip and other similar systems) and mechanical
brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall
regulation shall not be considered a sufficient braking system for
overspeed protection.
(4)
Power failure. If a small wind energy system is connected to the
grid of an electric utility, the small wind energy system must incorporate
controls to automatically cease any transmission of electricity from
the small wind energy system to the electric utility grid in the event
of a power failure. The approval of such controls must be obtained
from the public electric utility provider to which the small wind
energy system is connected.
(5)
Compliance with FAA regulations. Small wind energy systems must comply
with applicable FAA regulations, including any necessary approvals
for installations close to airports.
(6)
Electrical components. All electrical components of the small wind
energy system shall conform to the relevant and applicable local,
state and national codes, and relevant and applicable international
standards. Particularly, building permit applications for small wind
energy systems shall be accompanied by a line drawing of the electrical
components in sufficient detail to allow for a determination that
the manner of installation conforms to the National Electrical Code.
(7)
Utility notification. No small wind energy system shall be installed
until evidence has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator and that such utility has approved the same. Off-grid systems
shall be exempt from this requirement.
(8)
Inclement weather. All small wind energy systems shall be designed
to lower or as a tilt down system in the event of inclement weather.
(9)
Visual appearance; lighting; powerlines.
(a)
Wind turbines shall be coated with a nonreflective, nonobtrusive
color.
(b)
Wind turbines shall not be artificially lighted, except to the
extent required by the FAA or other applicable authority.
(c)
Wind turbines shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the wind turbine.
(d)
On-site transmission and power lines shall, to the maximum extent
possible, be placed underground. Electrical controls and control wiring
and powerlines shall be wireless or not above ground except where
the wind farm collector wiring is brought together for connection
to the transmission or distribution network, adjacent to the network.
(e)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations for wind
turbines.
(f)
Visible, reflective colored objects, such as flags, reflectors,
or tape, shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet.
(10)
Setbacks. The following setbacks and separation requirements
shall apply:
(a)
Property lines. Each small wind energy system shall be set back
from the nearest property line a distance no less than 1.1 times the
turbine height.
(b)
Public roads. Each small wind energy system shall be set back
from the nearest public road a distance no less than 1.1 times the
turbine height, with the nearest public road a distance no less than
1.1 times the turbine height, with the nearest public road being determined
at the nearest boundary of the underlying right-of-way for such public
road.
(c)
Communication and electrical lines. Each small wind energy system
shall be set back from the nearest aboveground public electric power
line or telephone line a distance no less than 1.1 times its turbine
height, determined from the existing power line or telephone line.
(d)
There are no setback requirements between wind turbines and
other buildings or structures within an individual's property, provided
that building and yard setbacks from adjacent properties are met (as
are set forth in the area, yard and height regulations applicable
to each zoning district). The owner shall accept liability for any
damage caused by the small wind energy system.
(12)
Minimum ground clearance. The blade tip of any wind turbine
rotor shall, at its lowest point, have ground clearance of no less
than 15 feet.
(13)
Signal interference. The applicant shall minimize or mitigate
any interference with electromagnetic communications, such as radio,
telephone or television signals, caused by any small wind energy system.
(14)
Safety.
(a)
All wiring between small wind energy systems, wind turbines
and the facilities served thereby shall be underground. Small wind
energy systems attached to a building will require wiring to be placed
in conduits.
(b)
Wind turbine towers shall incorporate methods to prevent unauthorized
persons from climbing the same up to 15 feet above ground level. All
access to small wind energy systems, including wind turbines and the
associated electrical equipment, shall be locked or fenced, as appropriate,
to prevent entry by unauthorized persons.
(15)
Insurance. The landowner on whose property a small wind energy
system is proposed shall provide the Township with proof of insurance
sufficient to cover any personal injury and/or property damage to
adjacent property owners or others caused by installation or result
of installation. Yearly proof of insurance must be submitted to the
Township.
(16)
Decommissioning; removal.
(a)
Should any of the following events occur, the landowner shall
be responsible to decommission and remove the small wind energy system:
[1]
If the landowner has ceased use or operation of the system for
a period of greater than six months, and, after notice from the Township
of the same, the landowner has failed to certify its intent to recommence
and to recommence its use or operation of the system within 30 days
of receipt of such notice from the Township;
[2]
If the Township, through its Zoning Officer or Codes Enforcement
Office, as applicable and appropriate, determines that the system
is not compliant with the requirements of this chapter and/or the
permit approving the construction of the same; or
[3]
If the system poses a threat to the public health, safety or
welfare, which threat is not remedied by the landowner upon notice
and within the time period prescribed by the Township.
(b)
In the event that the system poses an immediate threat to the
public health, safety or welfare, the Township is authorized to take
appropriate steps to decommission the small wind energy system and/or
to abate the immediate threat, the costs of which shall be borne by
the landowner or, if the landowner refuses to remit payment for the
same, may be imposed as a lien against the property.
(c)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches and any other associated facilities.
(d)
Disturbed earth shall be graded and reseeded, unless the landowner
requests in writing that the access roads or other land surface areas
not be restored.
(e)
In the event that the landowner does not complete the decommissioning
within six months of the occurrence of any of the events set forth
in § 390-59(16)(a)[1] through [3], the Township may decommission
the system, the costs of which shall be borne by the landowner or,
if the landowner refuses to remit payment for the same, may be imposed
as a lien against the property.
(f)
The issuance of any building permit for construction of a small
wind energy system shall be conditioned upon the landowner, on behalf
of itself, its heirs, successors and assigns, agreeing to the Township's
entry onto the property to take such action as necessary to remedy
an immediate threat to the public health, safety or welfare, or to
decommission any system as provided for herein.
[Added 10-14-2019 by Ord. No. 827]
A.
Purpose. The purpose of this § 390-59.1 is to promote the use of solar energy and to provide for the land planning, installation, and construction of solar energy systems in Exeter Township, subject to reasonable conditions that will protect the public health, safety, and welfare.
B.
Applicability.
(1)
This section applies to all applications submitted after the
effective date of this section to install and construct new solar
energy systems.
(2)
Solar energy systems constructed prior to the effective date
of this section shall not be required to meet the requirements of
this section.
(3)
All upgrades, modifications, or changes that materially alter
the size or placement of an existing solar energy system shall comply
with the provisions of this section. A "material" alternation shall
mean any change outside of routine maintenance or like-kind replacement
of components, or a "material" alteration shall mean any change in
size, type or components of an existing solar energy system.
C.
ACCESSORY SOLAR ENERGY SYSTEM (ASES)
GLARE
PHOTOVOLTAIC (PV)
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)
SOLAR ARRAY
SOLAR CELL
SOLAR EASEMENT
SOLAR ENERGY
SOLAR MODULE
SOLAR PANEL
SOLAR PHOTOVOLTAIC (PV) SYSTEM
SOLAR SHINGLE
SOLAR-RELATED EQUIPMENT
THIN-FILM SOLAR PANEL
Definitions. The following words, terms and phrases, when used in
this section, shall have the following meanings ascribed to them:
A solar collection system used to capture solar energy, convert
it to electrical energy or thermal power, and supply electrical or
thermal power for on-site use only. An accessory solar energy system
consists of one or more free-standing ground- or roof-mounted solar
arrays or modules or solar-related equipment and is intended to primarily
reduce on-site consumption of utility-supplied power or fuels. An
ACES shall be located on the same lot as the principal building it
serves.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
A semiconductor based device that converts light directly
into electricity.
A solar collection system principally used to capture solar
energy, convert it to electrical energy or thermal power, and supply
electrical or thermal power for off-site use only. Principal solar
energy systems consist of one or more free-standing ground- or roof-mounted
solar collector devices, solar-related equipment, and other accessory
structures and buildings including light reflectors, concentrators,
heat exchangers, substations, electrical infrastructure, transmission
lines, and other appurtenant structures, occupying at least four acres
of land.
Two or more solar modules with purpose of harvesting solar
energy.
The smallest basic solar electric device which generates
electricity when exposed to light.
A right, expressed as an easement, restriction, covenant,
or condition contained in any deed, contract, or other written instrument
executed by or on behalf of any landowner for the purpose of assuring
adequate access to direct sunlight for solar energy systems.
Radiant energy (direct, diffuse, and/or reflective) received
from the sun.
Two or more solar cells with the purpose of harvesting solar
energy.
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, water heating,
and/or production of electricity.
A solar collection system consisting of one or more building-
and/or ground-mounted systems, solar photovoltaic cells, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and does not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
Solar panels that are integrated into the building roof and
act as a building material.
Items including a solar photovoltaic cell, solar module,
solar panel, solar array, solar hot air or water collector device
panels, lines, pumps, batteries, mounting brackets, framing, foundations
or other structures used for or intended to be used for collection
of solar energy.
Solar panels made by spreading silicon and other solar-producing
materials in a very thin layer directly onto a substrate.
D.
Regulations for accessory solar energy systems (ASES).
(1)
Where permitted. ASES shall be permitted in all zoning districts
as an accessory use to any lawfully permitted principal use on the
same lot upon issuance of the permit pursuant to the requirements
of this section and other applicable requirements of this Zoning Ordinance.
(2)
Compliance with industry standards. ASES layout, design, installation,
and ongoing maintenance shall conform to applicable industry standards,
such as those of the American National Standards Institute (ANSI)
or Underwriters Laboratories (UL), and shall comply with the PA Uniform
Construction Code as enforced by Exeter Township, regulations adopted
by the Pennsylvania Department of Labor and Industry, and with all
other applicable fire and life safety requirements. The manufacturer
specifications for the key components of the system shall be submitted
as part of the permit application.
(3)
Installers. ASES installers must demonstrate they are listed
as a certified installer on the PA Department of Environmental Protection's
(DEP) approved solar installer list (accessible at https://www.dep.pa.gov/Citizens/Go
Green PA/Pages/default.aspx) or are electrical contractors with license
and insurance requirements accepted by Exeter Township.
(4)
Maintain in good working order. Upon completion of installation, the ASES shall be maintained in good working order in accordance with standards of Exeter Township and any other codes under which the ASES was constructed as listed under § 390-59.1D(2). Failure of the property owner to maintain the ASES in good working order is grounds for Exeter Township to exercise any power granted to it under law or equity to remedy the property owner's failure.
(5)
Underground requirements. All on-site utility, transmission
lines, and plumbing shall be placed underground to the extent feasible.
(6)
Utility notification. The owner of an ASES shall provide Exeter
Township written confirmation that the public utility company to which
the ASES will be connected has been informed of the customer's intent
to install a grid connected system. Off-grid systems shall be exempt
from this requirement.
(7)
Signage. The display of advertising is prohibited except for
reasonable identification of the manufacturer of the system. Said
information shall be depicted within an area no more than 36 square
inches in size.
(8)
Glare.
(a)
All ASES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(9)
Decommissioning.
(a)
Each ASES and all solar-related equipment shall be removed within
six months of the date when the use has been discontinued or abandoned
by system owner and/or operator, or upon termination of the useful
life of same.
(b)
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
12 continuous months.
(c)
The ASES owner shall, within 15 days of Exeter Township's written
request, provide information concerning the amount of energy generated
by the ASES in the preceding 12 months.
(10)
Permit requirements.
(a)
Building permit applications shall document compliance with
this section and shall be accompanied by detailed drawings to scale
showing the location of the system on the building or property, including
property and setback lines. Permits shall be kept on the premises
where the ASES is constructed.
(b)
The building permit shall be revoked if the ASES, whether new
or pre-existing, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the ASES not to be
in conformity with this section.
(c)
The ASES must be properly maintained and be kept free from all
hazards, including, but not limited to, faulty wiring, loose fastenings,
or unsafe conditions, and shall not be detrimental to public health,
safety, or the community's general welfare. In the event of a violation
of any of the foregoing provisions, the Zoning Officer shall give
written notice specifying the violation to the owner of the ASES to
conform or to remove the ASES.
(d)
Prior to the issuance of a zoning/building permit, applicants
must acknowledge in writing that the issuing of said permit does not
create the right to prohibit the development on or growth of any trees
or vegetation on adjoining properties.
(e)
Routine maintenance or like kind replacements do not require
a permit.
(11)
Roof-mounted and wall-mounted accessory solar energy systems.
(a)
Location.
[1]
A roof-mounted or wall-mounted ASES may be located
on a principal or accessory building. Roof-mounted solar panels may
be located on front, rear or side-facing roofs as viewed from any
adjacent street:
 |
(c)
Height.
[1]
For ASES installed on a sloped roof, the highest
point of the system shall not exceed the highest point of the roof
to which it is attached.
 |
[2]
For ASES installed on a sloped roof that faces
the front yard of a lot, the system must be installed at the same
angle as the roof on which it is installed with a maximum distance,
measured perpendicular to the roof, of 18 inches between the roof
and highest edge or surface of the system.
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[3]
For ASES installed on a flat roof of a building
that conforms to the building height requirement of the underlying
zoning district, the highest point of the system shall be permitted
to extend up to six feet above the roof to which it is attached but
shall not exceed the maximum permitted building height of the underlying
zoning district.
(d)
Code compliance. For roof- and wall-mounted systems, the applicant
shall provide evidence that the plans comply with the Uniform Construction
Code and the building and fire codes adopted by Exeter Township and
that the roof or wall is capable of holding the load imposed on the
structure. Applications for roof- and wall-mounted ASES shall be accompanied
by plans stamped by an structural engineer licensed by the Commonwealth
of Pennsylvania that demonstrate the structural sufficiency of the
structure to hold the weight of the ASES.
(e)
Nonconformance.
[1]
If a roof-mounted or wall-mounted ASES is to be
installed on any building or structure that is nonconforming because
its height violates the height restrictions of the zoning district
in which it is located, the ASES shall be permitted so long as the
ASES does not extend above the peak or highest point of the roof to
which it is mounted and so long as it complies with the other provisions
of this section. This provision does not apply to nonconforming flat
roofs where a roof-mounted ASES would make the structure more nonconforming.
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[2]
If a roof-mounted or wall-mounted ASES is to be
installed on a building or structure on a nonconforming lot that does
not meet the minimum setbacks required and/or exceeds the lot coverage
limits for the zoning district in which it is located, the ASES shall
be permitted so long as there is no expansion of any setback or lot
coverage nonconformity and so long as it complies with the other provisions
of this section.
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(f)
Fire safety.
[1]
Proper access from all roof edges, along roof ridgelines
and from roof hips and valleys shall be provided so as not to impede
firefighter safety, to ensure firefighters may access the roof in
a quick and safe manner and to allow available space for firefighters
to penetrate the roof to create ventilation.
[2]
A solar utility rapid shutdown switch, or disconnect,
is required and shall be mounted on the outside of a building within
five feet of the utility meter. The disconnect shall have proper labeling.
(12)
Ground-mounted accessory solar energy systems.
(a)
Setbacks.
(b)
Height.
[1]
Freestanding ground-mounted ASES shall not exceed
the maximum accessory structure height in the underlying zoning district.
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[2]
A ground-mounted ASES may exceed the applicable
maximum accessory structure height if it will cover an impervious
surface parking area. Height may not exceed the height of the primary
structure that the parking area serves. Minimum height of the parking
canopy must allow clearance for emergency service and service vehicles.
(c)
Coverage.
[1]
The area beneath the ground-mounted ASES is considered
pervious cover. However, use of impervious construction materials
under the system shall cause the area to be considered impervious
and subject to the impervious surfaces limitations for the underlying
zoning district.
[2]
The area containing the ground-mounted ASES shall
be considered impervious of it is composed entirely of thin-film solar
panels.
[a]
If a ground-mounted ASES is composed entirely of
thin-film solar panels, the panels must be placed atop a geomembrane
liner.
[3]
The total surface area of the arrays of ground-mounted
ASES on the property shall not exceed more than 15% of the lot area.
[4]
If the impervious area created by the ground-mounted
ASES construction material and supporting structures, excluding freestanding
solar panel surface area, is greater than 500 square feet, the applicant
shall submit a stormwater management plan that demonstrates compliance
with the municipal stormwater management regulations.
(d)
Safety/warning signage. Appropriate safety/warning signage concerning
voltage shall be placed at ground-mounted electrical devices, equipment,
and structures. All electrical control devices associated with the
ASES shall be locked to prevent unauthorized access or entry.
(e)
Location restrictions. Ground-mounted ASES shall not be placed
within any legal easement or right-of-way location, or be placed within
any stormwater conveyance system or in any other manner that would
alter or impede stormwater runoff from collecting in a constructed
stormwater conveyance system.
(f)
Nonconformance. If a ground-mounted ASES is to be installed
on a lot containing a structure that is nonconforming because the
required minimum setbacks are exceeded, the proposed system shall
be permitted so long as the system does not encroach into the established
setback for the lot. If a ground-mounted ASES is to be installed on
a lot that is nonconforming because it violates zoning district requirements
other than setbacks, then a variance must be obtained for the proposed
installation.
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(g)
Fire safety. A solar utility rapid shutdown switch, or disconnect,
is required and shall be mounted on the outside of a building within
five feet of the utility meter. The disconnect shall have proper labeling.
E.
Regulations for principal solar energy systems (PSES).
(1)
Exemptions. PSES constructed prior to the effective date of
this section shall not be required to meet the requirements of this
section. Any physical modification to an existing PSES, whether or
not existing prior to the effective date of this section, that materially
alters the PSES shall require approval under this section.
(2)
Where permitted. PSES shall be permitted by conditional use
in the RC, R, AP, LI, FI and GI Zoning Districts.
(3)
Compliance with industry standards. The PSES layout, design,
and installation shall conform to applicable industry standards, such
as those of the American National Standards Institute (ANSI) or Underwriters
Laboratories (UL), and shall comply with the PA Uniform Construction
Code as enforced by Exeter Township, regulations adopted by the Pennsylvania
Department of Labor and Industry, and with all other applicable fire
and life safety requirements. The manufacturer specifications for
the key components of the system shall be submitted as part of the
permit application.
(4)
Installers. PSES installers must demonstrate they are listed
as a certified installer on the PA Department of Environmental Protection's
(DEP) approved solar installer list (accessible at https://www.dep.pa.gov/Citizens/Go
Green PA/Pages/default.aspx) OR are electrical contractors with license
and insurance requirements accepted by Exeter Township.
(5)
Maintain in good working order. Upon completion of installation, the PSES shall be maintained in good working order in accordance with standards of Exeter Township and any other codes under which the PSES was constructed as listed under § 390-59.1E(3). Failure of the owner to maintain the PSES in good working order is grounds for Exeter Township to exercise any power granted to it under law or equity to remedy the property owner's failure.
(6)
Underground requirements. All on-site transmission and plumbing
lines shall be placed underground to the extent feasible.
(7)
Utility notification. The owner of a PSES shall provide Exeter
Township written confirmation that the public utility company to which
the PSES will be connected has been informed of the customer's intent
to install a grid-connected system and has approved of such connection.
(8)
Signage. No portion of the PSES shall contain or be used to
display advertising. The manufacturer's name and equipment information
or indication of ownership shall be allowed on any equipment of the
PSES provided they comply with the prevailing sign regulations.
(9)
Glare.
(a)
All PSES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(12)
Contact information. The PSES owner and/or operator shall maintain
a phone number and identify a person responsible for the public to
contact with inquiries and complaints throughout the life of the project.
The PSES owner and/or operator shall make reasonable efforts to respond
to the public's inquiries and complaints. The PSES owner/and or operator
shall provide to Exeter Township this contact information and shall
ensure that it is kept up to date through the life of the project.
(13)
Decommissioning.
(a)
The PSES owner is required to notify Exeter Township immediately
upon cessation or abandonment of the operation. The PSES shall be
presumed to be discontinued or abandoned if no electricity is generated
by such system for a period of 12 continuous months.
(b)
The PSES owner shall then have 12 months in which to dismantle
and remove the PSES including all solar-related equipment or appurtenances
related thereto, including, but not limited to, buildings, cabling,
electrical components, roads, foundations, and other associated facilities
from the property. The owner shall also restore the land to its original
condition, including forestry plantings of the same type/variety and
density as the original. If the owner fails to dismantle and/or remove
the PSES and restore the land within the established time frames,
Exeter Township may complete the decommissioning and land restoration
at the owner's expense.
(14)
Permit requirements.
(a)
Building permit applications shall document compliance with
this section and shall be accompanied by detailed drawings to scale
showing the location of the PSES on the property, including, at a
minimum, setbacks and property lines. Permits shall be kept on the
premises where the PSES is constructed.
(b)
PSES shall comply with Exeter Township's zoning and subdivision
and land development requirements. The installation of PSES shall
be in compliance with all applicable permit requirements, codes, and
regulations.
(c)
The PSES owner and/or operator shall repair, maintain and replace
the PSES and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
PSES in good repair and operating condition.
(d)
Prior to the issuance of a building permit, PSES applicants
must acknowledge in writing that the issuing of said permit shall
not and does not create the right to prohibit the development on or
growth of any trees or vegetation on adjoining properties.
(e)
Routine maintenance or like-kind replacements do not require
a permit.
(15)
Ground-mounted principal solar energy systems.
(a)
Lot size: at least four acres in size.
(b)
Setbacks.
[1]
PSES shall comply with the setbacks for principal
structures in the underlying zoning district; and
[2]
Shall be placed a minimum of 20 feet from adjacent
residential districts or structures. If the setback requirements from
residential districts or structures required by the underlying zoning
district exceed 20 feet, the stricter requirement shall apply.
(c)
Height. Ground-mounted PSES shall comply with the accessory
building height restrictions for the underlying zoning district.
(d)
Coverage.
[1]
The area beneath the ground-mounted PSES is considered
pervious cover. However, use of impervious construction materials
under the system shall cause the area to be considered impervious
and subject to the impervious surfaces limitations for the underlying
zoning district.
[2]
The area containing the ground-mounted PSES shall
be considered impervious if it is composed entirely of thin-film solar
panels.
[a]
If a ground-mounted PSES is composed entirely of
thin-film solar panels, the panels must be placed atop a geomembrane
liner.
[3]
The PSES shall not exceed the maximum lot coverage
requirements of the underlying zoning district.
[4]
If the impervious area created by the PSES construction
material and supporting structures, excluding freestanding solar panel
surface area, is greater than 500 square feet, the applicant shall
submit a stormwater management plan that demonstrates compliance with
the municipal stormwater management regulations.
[5]
PSES owners are encouraged to use low-maintenance
and low-growing vegetative surfaces under the system as a best management
practice for stormwater management.
(f)
Agricultural Zoning Districts. In Agricultural Zoning Districts
(RC, R, AP), no more than 50% of the entire area for development shall
consist of Class I and Class II prime agricultural soils.
(g)
Location restrictions. Ground-mounted PSES shall not be placed
within any legal easement or right-of-way location, or be placed within
any stormwater conveyance system or in any other manner that would
alter or impede stormwater runoff from collecting in a constructed
stormwater conveyance system.
(h)
Security.
[1]
All ground-mounted PSES shall be completely enclosed
by a minimum eight-foot-high fence with a self-locking gate and shall
comply with Exeter Township subdivision and land development requirements.
[2]
A clearly visible warning sign informing individuals
of potential voltage hazards shall be placed at the base of all pad-mounted
transformers, substations, and on the fence surrounding the PSES.
(i)
Access.
[1]
At a minimum, a twenty-foot-wide access road must
be provided from a state or Township roadway into the site.
(j)
Lighting. The ground-mounted PSES shall not be artificially
lighted except to the extent required for safety or applicable federal,
state, or local authority.
(k)
Earth disturbance. If a ground-mounted PSES is removed, any earth disturbance resulting from the removal must be graded and reseeded [see § 390-59.1E(13)].
(16)
Inspection, safety, and removal.
(a)
The Township reserves the right to inspect a solar PV system
for building or fire code compliance and safety.
(b)
If upon inspection the Township determines that a fire code
or building code violation exists, or that the system otherwise poses
a safety hazard to persons or property, the Township may order the
property owner to repair or remove the system within a reasonable
time. Such an order shall be in writing, shall offer the option to
repair, shall specify the code violation or safety hazard found, and
shall notify the property owner of his or her right to appeal to the
Board of Supervisors within 30 days of receipt of the notice.
(c)
If a property owner fails to repair or remove a solar PV system
as ordered, and any appeal rights have been exhausted, the Township
may enter the property; remove the system; charge the property owner
for all costs and expenses associated with removal, including, but
not limited to, reasonable legal fees and consultant fees; and/or
or pursue other legal action to have the system removed at the property
owner's expense.
(d)
In addition to any other available remedies, any unpaid costs
resulting from the Township's removal of a vacated, abandoned, or
decommissioned solar PV system shall constitute a lien upon the property
against which the costs were charged. The Township shall have the
right to institute appropriate action for the recovery of such cost,
including, but not limited to, filing of municipal claims pursuant
to 53 P.S. § 7107 et seq., for the cost of such work, 6%
interest per annum on unpaid amounts, a penalty of 5% of the amount
due, and any and all legal fees and costs incurred by the Township
in connection with the removal work, the demand for payment, and the
filing of the Township's claim.
A.
Open space/conservation development shall be a use permitted by right
in R, RC, SR0, SR1, SR2, SR3 and UR Zoning Districts. Conventional
residential subdivision of lands in excess of 10 acres shall be permitted
only by conditional use. Conventional residential subdivision of land
less then 10 acres in size shall be a use permitted by right.
B.
The following requirements are applicable to open space/conservation
development in the above-mentioned zoning districts.
(1)
A ten-acre minimum tract size is required.
(2)
Public sanitary sewage disposal and public water supply is required
or an alternative means provided if designed, constructed, owned,
maintained and accepted by the municipal authority and/or public utility.
(3)
A maximum impervious coverage of 35% is permitted as applied to the
gross tract area.
(4)
A minimum of 50% of the lot area shall be provided as open common
space as follows:
(a)
One hundred percent of environmentally sensitive lands [see Subsection B(6)(a)] shall be included within the common open space.
(b)
Open space acreage requirement of the Subdivision and Land Development
Ordinance shall be provided in addition to the fifty-percent common
open space requirements unless a fee in lieu of open space option
specifically for the Subdivision and Land Development Ordinance open
space requirement is pursued.
(5)
Residential unit type permitted shall be in accord with unit type
or unit types permitted within the respective residential zoning district
in which the open space/conservation development is proposed.
(a)
Estate lots, meeting the following standards, shall be permitted:
[1]
A minimum size of five acres of which a maximum of one acre may be developed with a single-family detached dwelling and customary accessory uses. Only the undeveloped portion of the estate lot may be used to meet the open space requirement of Subsection B(4).
[2]
The one acre of the estate lot that may be developed shall include
any portion of the site not left in its natural state or used for
agricultural purposes: all dwellings, accessory building and structure,
paved areas, lawns and gardens, etc.
[3]
The developed area of the lot shall meet the setback standards
of the applicable zoning district.
[4]
Estate lots shall be restricted by permanent easement against
further subdivision.
[5]
Dwellings on estate lots shall be counted toward the maximum
density permitted on a tract.
[6]
Dwellings shall not encroach on environmentally sensitive area,
and should not infringe upon scenic views from exterior roads or from
the housing.
(6)
The number of residential dwelling units permitted shall be determined
as follows:
(a)
Total acreage associated with environmentally sensitive lands
prevalent on the tract, specifically areas associated with watercourses,
ponds, wetlands, one-hundred-year floodplains, steep slopes in excess
of 25%, and total acreage required for utility/water/sewer rights-of-way
and/or easements, and on-site sewage disposal and/or water supply
facilities, shall be subtracted from the gross tract area to arrive
at the total buildable area. An additional 10% of the remaining acreage
shall be subtracted for street rights-of-way.
(b)
Acreage associated with the total buildable area of the tract
shall be divided by the by the minimum lot size requirements of the
respective residential unit type within the respective residential
zoning district in which open space/conservation development is proposed
to arrive at the total number of dwelling units permitted.
(c)
A site analysis plan shall be required as part of the preliminary
plan submission. The site analysis plan shall provide the following
information on existing site conditions:
[1]
Topography;
[2]
Soils and geology;
[3]
Watercourses, ponds, streams;
[4]
Wetlands;
[5]
One-hundred-year floodplain;
[6]
Steep slopes of 15% to 25%;
[7]
Steep slopes over 25%;
[8]
Woodlands;
[9]
Streets and rights-of-way;
[10]
Utility rights-of-way and easements; and structures,
buildings, utilities and land use.
(7)
Area and bulk regulations for an open space/conservation development
shall be provided in accord with the following:
(a)
Minimum lot size requirements.
[1]
Minimum lot size provided per residential dwelling unit shall be established by the developer in accord with respective residential dwelling type, architectural style and the minimum front yard, side yard and rear yard setback requirements of Subsection B(7)(b).
[2]
Provision of an individual lot per residential dwelling unit
is not required for condominium developments. However, minimum front
yard, side yard and rear yard setback requirements shall be met as
if individual lots had been created. Minimum side yard and rear yard
setbacks function as minimum separation distances between residential
dwelling units.
[3]
Individual lots and/or side yard and rear yard setbacks shall
not encroach upon common open space acreage.
(c)
Other setback requirements. All buildings shall be set back
a minimum distance of 100 feet from all tract boundaries.
(d)
One hundred percent of all dwelling units shall each have a
minimum of 25 feet of lot line that directly abuts upon the common
open space area. At least 50% of the lot line shall abut the open
space.
(e)
The area devoted to common open space shall be comprised of
areas not less than 50 feet in width and shall not contain less than
one contiguous acre of land. In addition, there shall be at least
one designated common area within the development containing no less
than 30% of the required open space.
(f)
All residential dwelling units shall obtain vehicular access
from streets proposed as part of the open space/conservation development.
No proposed residential dwelling unit shall obtain direct vehicular
access from existing municipal and/or state roads.
(8)
Streets shall be designed and constructed in accord with public road
standards of the municipality regardless if streets are to be public
or private. Curbs, sidewalks, streetlights and street trees shall
be provided in accord with municipal standards.
(9)
Buffer yard requirements:
(a)
A thirty-foot wide buffer yard shall be provided along the front,
side and rear tract boundaries.
(b)
Common open space proposed that is situated either between existing
municipal and/or state roads and proposed residential dwelling units
or between existing developed lands and proposed residential dwelling
units does not negate the buffer yard requirement to screen residential
dwelling units from adjoining roads or existing development.
(c)
The buffer yard shall be measured from the street right-of-way
line in those circumstances that the tract and/or individual lot abuts
upon a public or private street. The buffer yard shall be measured
from the side and rear property line if the side or rear property
line does not coincide with a public or private street.
(d)
The buffer yard is required even if boundary or street right-of-way
corresponds with lands or streets within an adjoining municipality.
(e)
If a district boundary is coincident with the center line of
a public and/or private street the buffer yard shall be measured from
the street right-of-way line.
(f)
The buffer yard may be coterminous with the required yards and
in case of conflict, the larger yard requirements shall apply.
(g)
A thirty-foot wide buffer yard shall contain a minimum fifteen-foot
wide planting strip that extends the full length of the buffer yard
along all boundary lines or street right-of-way lines as required.
This planting strip shall be landscaped in accord with this chapter.
The fifteen-foot wide planting strip may meander within the thirty-foot
wide buffer yard. The entire width of the buffer yard may be utilized
for plant material if so desired.
(h)
In all buffer yards, the area not within the fifteen-foot wide
planting strip shall be planted with grass sod or ground cover and
shall be maintained and kept clean of all debris, rubbish, weeds and
tall grass, except as specifically regulated otherwise by this chapter.
(i)
No structure, manufacturing or processing activity, or material
storage shall be permitted within the thirty-foot wide buffer yard.
Off-street parking and access drives may extend within the thirty-foot
wide buffer yard by 15 feet unless otherwise prohibited by other regulatory
requirements of this chapter.
(j)
All buffer yard landscape planting requirements shall be in
accord with regulations contained herein.
(k)
Quantity and characteristics of plant material required shall
be determined as follows:
[1]
For the determination of quantity of plant material to be utilized
consider three rows of plant material, with plant material staggered
10 feet on center in each row with each row five feet apart.
[2]
A combination of separation distances may be utilized depending
upon the plant material selected by the owner. The quantity and characteristics
of required plant material shall be required as a minimum regardless
of the desired plant spacing. Increased spacing between plant materials
may precipitate the need to expand the width of the planting strip
in order to accommodate the plant materials.
[3]
The buffer shall consist of a minimum 20% deciduous trees and
shrubs, 10% flowering trees and shrubs and 70% evergreen trees and
shrubs. The 70% of the buffer comprised of evergreen trees and shrubs
shall be equally divided among the evergreen species selected.
[4]
No more than 40% of the plant material may be shrubs except
as otherwise permitted.
[5]
Deciduous and evergreen hedge plant material may be incorporated
within the buffer yard.
(l)
Plant material may be arranged in a more natural configuration
within the buffer yard.
(m)
The use of earthen berms as part of the buffer yard is strongly
encouraged. Earthen berms may undulate both horizontally and vertically
to achieve a natural effect.
(n)
The buffer yard planting shall be maintained permanently and
any plant material which is determined not to be living, diseased,
or in poor condition shall be replaced within 30 days of notification,
season permitting.
(o)
The buffer yard planting may be broken at points of vehicular
or pedestrian access.
(p)
The buffer yard shall not obscure required sight distance requirements.
(10)
Use of common open space shall be in accord with the following:
(a)
Woodland preserve, game preserve, wildlife sanctuary, or other
similar conservation use;
(b)
Agricultural uses, including horticulture and raising of crops.
No structures or retail sales are allowed on the property. Intensive
agricultural uses, including concentrated animal feeding operations
are specifically prohibited;
(c)
Stables, paddocks and pastureland for grazing of horses solely
for noncommercial recreational purposes to be used exclusively by
residents of the development and their guests. All other types of
farm animals are specifically prohibited. Equestrian facilities shall
be permitted but may not consume more than 50% of the minimum required
common open space acreage;
(d)
Conservation of land in its natural state such as woodlands,
meadows and/or fallow fields;
(e)
Forestry with established best management practices for selective
harvesting and sustained-yield forestry;
(f)
Neighborhood open space uses such as village greens, commons,
picnic areas, community gardens and similar low-impact passive recreational
uses;
(g)
Water supply and sewage disposal systems, including alternate
sites and stormwater management provisions (excluding easements for
drainage, access, sewer or water lines) designed, landscaped, and
available for use as an integral part of the common open space acreage;
(h)
Active noncommercial and non-municipally owned recreation areas,
such as ball fields, playgrounds, tot lots, ball courts, or bikeways
and their associated acreage may be attributable toward the 50% common
open space requirement;
(i)
Underground utility rights-of-way or easements proposed in conjunction
with the open space/conservation development. Area associated with
rights-of-way or easements for existing underground utilities or existing
overhead utilities are excluded from open space area requirements.
(11)
The designated open space land and associated facilities may
be held in common ownership by a homeowners' association. The association
shall be formed and operated under the following provisions:
(a)
The developer shall provide the Township with a description
of the association, proof of incorporation of the association, a copy
of its bylaws and satisfactory proof of adoption thereof, a copy of
the declaration of covenants, easements or restrictions or similar
document(s) regulating the use of the property and setting forth methods
for maintaining the open space.
(b)
The association shall be organized by the developer and operated
with financial subsidization from the developer before the sale of
any lots within the development.
(c)
Membership in the association shall be mandatory for all purchasers
of homes therein and their successors. The conditions and timing of
transferring control of the association from developer to the homeowners
shall be identified.
(d)
The association shall be responsible for maintenance and insurance
on open space owned by the association, enforceable by liens place
by the homeowners' association. Maintenance obligations also may be
enforced by the Township, which may place liens to recover its costs.
Any governmental body with jurisdiction in the area where the development
is located may place liens on the owners of the open space to collect
unpaid taxes.
(e)
The members of the association shall share equitably the costs
of maintaining open space owned by the association. Shares shall be
defined within the association bylaws or declaration. Association
dues shall be structured to provide for both annual operating costs
and to cover projected long-range costs relating to the repair of
any capital facilities (which shall be deposited in a sinking fund
reserved for just such purposes).
(f)
In the event of a proposed transfer, within the methods here
permitted, of open space by the homeowners' association, or of the
assumption of maintenance of such land by the Township, notice of
such action shall be given to all members of the association.
(g)
The association shall have or hire adequate staff to administer
common facilities and to properly and continually maintain the open
space.
(h)
The homeowners' association may lease open space lands to any
other qualified person or corporation for operation and maintenance
of such lands, but such a lease agreement shall provide:
[1]
That the residents of the development shall at all times have
access to the open space lands contained therein (except that access
to land that is actively farmed shall be limited to times of the year
when the fields are fallow);
[2]
That the open space lands to be leased shall be maintained for
the purposes set forth in this chapter; and
[3]
That the operation of open space facilities may be for the benefit
of the residents only, or may be open to the residents of the Township,
at the election of the developer and/or homeowners' association, as
the case may be.
(12)
Covenants and restrictions shall be established in accord with
the following requirements. The following information shall be provided
within any covenants and/or association documents. Ownership, administration,
maintenance and use provisions associated with any and all commonly
held amenities and facilities of a subdivision and/or land development
shall be identified within a homeowner's association document, condominium
association document or management association document. This information
shall be submitted to the municipality for review and approval in
conjunction with subdivision and/or land development plan submission.
The document shall contain the following information at a minimum:
(a)
Declaration of covenants.
[1]
The declaration of covenants, grants of easement, conditions
and restrictions shall state the requirement of mandatory membership
for all residents of a development in a residents' association, if
such an association is to be created for ownership, administration
and maintenance of any and all commonly held amenities and facilities.
[2]
Declaration of covenants shall include, but shall not be limited
to, the following:
[a]
Parties to the declaration.
[b]
Effective date of declaration.
[c]
Definition of terms used in the declaration.
[d]
Establishment of an association (if applicable).
[e]
Property rights of the landowner and of individual
owners of property in any and all lands included within the limits
of the subdivision or land development.
[f]
Title to commonly held amenities and facilities
including open space and recreational areas and infrastructure.
[g]
Covenants, restrictions and use provisions associated
with the commonly held amenities and facilities, including open space
and recreational areas and infrastructure.
[h]
Membership and voting rights of developer and of
residents and/or property owners in the association, if applicable.
[i]
Rights of tenants or lessees.
[j]
Covenant for maintenance agreement for all commonly
held amenities and facilities, including open space and recreational
areas and infrastructure.
[k]
Responsibility of owners of property concerning
maintenance of individual property.
[l]
Assessments for maintenance and special assessments.
[m]
Collection of maintenance and special assessments.
[n]
Exemptions from assessment.
[o]
Architectural controls.
[p]
Party wall agreements, where applicable.
[q]
Exterior maintenance, including necessary enforcement
of maintenance provisions.
[r]
Stage developments, including rights of all owners
of property in all developed areas.
[s]
Number of occupants in an apartment unit and in
townhouse unit based on number of bedrooms in the dwelling unit.
[t]
Rights and responsibilities of the municipality.
(b)
Articles, certificates and bylaws of association, including:
[1]
Name of association.
[2]
Organizational outline of association.
[3]
Date, time and place for association meetings.
[4]
Means of notification of meetings.
[5]
Constitution of quorum for a meeting.
[6]
Method of election and terms of office for officers.
[7]
Board of Directors of association.
[8]
Powers, duties and responsibilities of officers and of the board
of directors of association.
[9]
Date, time and place of meetings of board of directors.
[10]
Record of association and of board of directors
and means of public access to the records.
[11]
Levying and collecting of assessments called for
in declaration of covenants, conditions and restrictions.
[12]
Membership and voting rights of developer and
residents in association.
[13]
Copies of any and all other restrictions which
will run with the land and will become covenants in the deeds of the
lots.
(c)
Ownership, maintenance, use provisions and use restrictions
associated with the common open space shall be identified.
(13)
Utilities shall be designed and constructed in accord with requirements
of the applicable authority. All utilities shall be underground.
(14)
Management, maintenance and ownership of open space.
(a)
The developer shall provide written agreements, satisfactory
to the Board of Supervisors, for the perpetual preservation of the
open space.
(b)
The developer shall make arrangements, provisions or agreements
to ensure that the common open space shall continue to be adequately
managed and maintained.
(c)
The developer shall have the following options for ownership,
management, and maintenance of the common open space:
[1]
Retain ownership and responsibility for the management and maintenance.
[2]
Dedicate the land to a homeowners' association that includes
all of the residents of the development.
[3]
Convey the land to a land trust or similar nonprofit organization
whose purpose is to hold property in perpetuity for preservation purposes.
Endowments for ongoing maintenance and other ownership expenses, if
required, shall be the sole responsibility of the developer.
(15)
Maintenance standard.
(a)
The ultimate owner of the open space shall be responsible for
raising all monies required for operations, maintenance or physical
improvements to the open space through annual dues, special assessments,
etc. The homeowners' association shall be authorized under its bylaws
to place liens on the property of residents who fall delinquent in
payment of such dues, assessments, etc.
(b)
In the event that the association or any successor organization
shall, at any time after establishment of a development containing
undivided open space, fail to maintain the undivided open space in
reasonable order and condition in accordance with the development
plan, the Township may serve written notice upon the owner of record,
setting forth the manner in which the owner of record has failed to
maintain the undivided open space in reasonable condition.
(c)
Failure to adequately maintain the undivided open space in reasonable
order and condition constitutes a violation of this chapter. The Township
is hereby authorized to give notice, by personal service or by United
States mail, to the owner or occupant, as the case may be, of any
violation, directing the owner to remedy the same within 20 days.
(d)
Should any bill or bills for maintenance of undivided open space
by the Township be unpaid by November 1 of each year, a late fee of
15% shall be added to such bills and a lien shall be filed against
the premises in the same manner as other municipal claims.
A resubdivision within 10 years of a previous subdivision is
discouraged and shall be carefully reviewed in accordance with SALDO
to assure that all appropriate standards set forth in this chapter
are maintained.
A.
All buildings and uses generating sewage shall be connected to public
sewers if they are within 150 feet of said public sewers, or to approved,
permitted and functioning on-site septic treatment systems if beyond
150 feet of public sewers.
A.
The bed-and-breakfast shall remain incidental and secondary to the
principal use of the buildings as a dwelling.
B.
The operator of a bed-and-breakfast shall reside in the dwelling
house of said facility. Nonresident employees shall be restricted
to two in addition to the resident members of the family.
C.
A maximum of six bedrooms shall be devoted to the bed-and-breakfast
use.
D.
Exterior and interior alterations shall be limited to those customarily
associated with residential use or those which may be required by
the Pennsylvania Department of Labor and Industry or for safety reasons
as required by another government agency. Fire escapes, external stairways,
or additional external doors shall be located either to the side or
rear of the residence.
E.
There shall be no separate cooking facilities in any guest room.
Food served to guests on the premises shall be limited to breakfast
and eating facilities shall be open only to guests.
F.
When located within 100 feet of residential use, active outdoor recreation
amenities, such as a swimming pool or tennis court, shall be limited
to the hours of 9:00 a.m. to 10:00 p.m.
G.
Where an on-lot sewage disposal system is to be used, the application
for the use shall be accompanied by a valid Exeter Township Sewage
Enforcement Officer permit verifying that the existing or proposed
sewage system can accommodate the maximum potential usage and that
an appropriate site for a replacement system is available should the
existing system fail.
I.
Bed-and-breakfast facilities shall provide overnight lodging accommodations
not to exceed 14 consecutive nights per patron.
[Added 4-27-2020 by Ord. No. 831]
A.
Intent and purpose. This section is established to protect and promote
the public health, safety, and welfare of the Township's residents,
and to establish the rights and obligations of owners (defined below)
and transient visitors (defined below) to maintain and improve the
quality of life of the Township's inhabitants and visitors. Unregulated
use of properties by transient visitors can adversely affect the peace
and quiet of neighboring permanent residents. The Exeter Township
Board of Supervisors establishes this section to ensure safe, healthy,
and nondiscriminatory housing arrangements for transient visitors
through a regular licensing and inspection program.
B.
BEDROOM
DAY GUEST
OCCUPANT
OWNER
RENT or RENTAL
SHORT-TERM LODGING
SHORT-TERM LODGING FACILITY
SHORT-TERM LODGING LICENSE
TRANSIENT VISITOR
ZONING HEARING BOARD
ZONING OFFICER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A room or space designed to be used for sleeping purposes
with two means of egress (one of which may be a window acceptable
under the building code) and in close proximity to a bathroom. Space
used for eating, cooking, bathrooms, toilet rooms, closets, halls,
storage or utility rooms and similar uses are not considered bedrooms.
Space used or intended for general and informal everyday use such
as a living room, den, sitting room or similar is not to be considered
a bedroom.
A visitor, only during the day, to the short-term lodging
facility property, but not constituting an occupant.
A person staying at the short-term lodging facility overnight.
A person located on the short-term lodging facility premises shall
be deemed an occupant unless established otherwise by the owner, person
in charge or tenant.
The individual, individuals, entity, or entities holding
legal title to a particular property, as indicated by the Berks County
Board of Assessment records.
An arrangement whereby one or more persons obtains permission
to occupy a property or portion thereof for a specific period of time,
regardless of whether compensation or other consideration is passed
by a transient visitor to the owner or an agent of the owner.
The occupancy of a property or portion thereof for temporary
rental by transient visitors.
A property or portion thereof licensed pursuant to this section
for the purpose of short-term lodging. "Short-term lodging facility"
does not include a hotel or bed-and-breakfast as such terms are used
and defined in the Exeter Township Zoning Code.
A license issued by the Zoning Officer, or the Zoning Officer's
designee, pursuant to this section, which permits an owner to use
a particular property or portion thereof as a short-term lodging facility.
An individual who rents a short-term lodging facility.
The individual appointed by the Exeter Township Board of Supervisors with the duties and powers identified in Exeter Township's Codified Zoning Ordinance § 390-82.
C.
Restrictions on rentals by transient visitors; types of short-term
lodging facilities.
(1)
Limitation of time. No property may be used as a short-term
lodging facility for more than 90 days per calendar year, a "calendar
year" being January 1 through December 31.
(3)
Types of accommodations:
(a)
Specific bedroom accommodation. The owner may rent up to two
bedrooms of a property to transient visitors for a period of not less
than 36 hours and not more than 30 consecutive days. Under this arrangement,
the owner must occupy the property during the rental period.
(b)
Entire unit accommodation. An owner may rent the entirety of
a property to transient visitors for a period of not less than 36
hours and not more than seven consecutive days. Under this type of
arrangement, the owner may, but is not required to, remain on the
property during the rental period.
(4)
Parking:
(a)
Outdoor parking for occupants and day guests shall be limited
to available parking areas on the short-term lodging facility. In
no event shall parking for short-term rental tenants include spaces
in any public street right-of-way or on any lawns or vegetated areas.
A maximum of one car per bedroom is permitted for any short-term lodging
facility.
(b)
Overnight occupancy of recreational vehicles, camper trailers
and tents at the property where the short-term lodging facility is
located shall not be allowed. Outdoor overnight sleeping of occupants
or day guests of the short-term rental is prohibited.
D.
Annual license term; fee and occupancy limit; inspection.
(1)
Short-term lodging license required. Before providing any short-term
lodging, an owner must obtain and keep current a short-term lodging
license for any property available for rent.
(2)
Licensing procedure.
(a)
Upon application in such form as will be developed by the Township
for a short-term lodging license or renewal thereof, the owner shall
pay to the Township an annual license and inspection fee as established
by the Township and identified on the Fee Schedule. A short-term lodging
license shall not be transferred or sold, must be renewed annually,
and expires automatically upon any conveyance of the licensed property.
(b)
Each short-term lodging license will identify the property address,
state how many transient visitors are permitted for short-term lodging,
identify the type of accommodation requested (either specific bedroom
accommodation or entire unit accommodation), and require the owner
to submit proof of the following:
[1]
An accurately drawn floor plan showing details
for all floors of the property and any attached structures, and include
the number and location of all bedrooms, bathrooms, windows, interior
and exterior doorways, smoke alarms, and carbon monoxide detectors;
[2]
In the case of short-term lodging where the owner
rents a specific bedroom accommodation, the floor plan must clearly
designate bedrooms to be used for short-term lodging; and
[3]
Satisfaction of the performance standards contained
in this section.
(3)
Annual inspection. The Zoning Officer, or the Zoning Officer's
designee, shall conduct an annual inspection to confirm compliance
with the obligations of this section. The owner of the short-term
lodging facility is responsible for scheduling the inspection and
paying the fee. Failure to do so will result in revocation of the
short-term lodging license.
E.
Performance standards. A short-term lodging facility shall meet all
of the following standards:
(1)
The property shall remain as a single-household living unit
with common housekeeping, kitchen and laundry facilities.
(3)
The maximum number of day guests allowed at any one time, in
addition to the occupants, shall be 75% for the maximum permitted
occupancy of the short-term rental.
(4)
The property conforms with the off-street parking requirements as outlined in § 390-37Q of the Township of Exeter Code of Ordinances based on the applicable Zoning District.
(5)
The owner must maintain an up-to-date ledger detailing the length
of stay and the number of transient visitors using the short-term
lodging facility, and present the ledger to the Zoning Officer, or
the Zoning Officer's designee, upon request.
(6)
The current Exeter Township Code of Ordinances shall determine
the maximum occupancy of the short-term lodging facility and, in the
case where the owner rents as a specific bedroom accommodation, the
number of individuals permitted in each designated bedroom.
(7)
Nothing in this section shall allow the owner to make the short-term
lodging facility available for use by a transient visitor for nonresidential
purposes, such as, but not limited to, the lease or use of the property
as reception space, party space, and/or meeting space.
(8)
The short-term lodging facility shall be designated as one of the two types of accommodations set forth in § 390-63.1C(2) for the entire duration of the annual short-term lodging license unless a new short-term lodging license is obtained and a new fee paid. A short-term lodging facility may not change or mix the type of accommodation during a licensed period.
(9)
The number of bedrooms permitted for a short-term lodging facility
shall not exceed the number of bedrooms approved for the dwelling
unit on the sewage permit issued for such property. Where there is
no sewage permit on record, the short-term lodging facility shall
be limited to three bedrooms unless proof is provided to the Sewage
Enforcement Officer that the septic system is adequate to handle additional
flows. Any short-term lodging facility advertising more than four
bedrooms shall provide proof that the septic system is adequate to
handle such flows by having the system approved by the Sewage Enforcement
Officer, or by providing a septic permit previously issued by a Sewage
Enforcement Officer. If a sewage system malfunction occurs, short-term
lodging of the dwelling unit shall be discontinued until the malfunction
is corrected in accordance with Township and Pennsylvania Department
of Environmental Protection requirements.
(10)
The short-term lodging facility shall not adversely affect the
character of the neighborhood, short-term lodging shall not generate
any additional noise, odor, or other effects that unreasonably interfere
with other residents' quiet enjoyment of their properties.
(11)
The owner shall be responsible for the safety and welfare of all transient visitors, for preserving the peace and quiet of the surrounding community, and for maintaining the short-term lodging facility in accordance with all laws, regulations, and ordinances, including, but not limited to, any conduct which would qualify as a prohibited act within the meaning of Chapter 257 concerning noise, Chapter 261 concerning nuisances, and Chapter 278 concerning peace and good order.
(12)
The owner of the short-term lodging facility must apply for
and keep current a Township of Exeter business privilege tax license.
(13)
The owner shall sign a certification agreeing to comply with
all anti-discrimination laws and regulations under all applicable
local, state, and federal laws and regulations.
(14)
All short-term lodging facilities shall have a clearly visible
and legible notice posted within the dwelling unit on or adjacent
to the front door containing the following information:
(a)
The name of the owner of the unit or the person in charge and
a telephone number at which that party can be reached on a twenty-four-hour
basis.
(b)
The 911 address of the property.
(c)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(d)
The maximum number of all vehicles allowed to be on the property
and the requirement that all guest parking must be parked in the available
parking areas on the property and not in or along any private, community
or public street right-of-way or on any lawn or vegetated area on
the property.
(e)
The trash pickup day and notification that trash and refuse
shall not be left or stored on the exterior of the property.
(f)
Notification that an occupant or day guest may be cited and
fined for creating a disturbance or for violating other provisions
of the Exeter Township Code, including parking and occupancy limits.
(g)
Notification that short-term rental occupants and day guests
are required to make the dwelling unit available for inspection by
the Zoning Officer upon request.
(15)
All short-term lodging facilities shall be equipped with the
following:
(a)
Smoke detectors in each bedroom;
(b)
Smoke detectors outside each bedroom in common hallways;
(c)
Smoke detectors on each floor;
(d)
GFI outlets for outlets located within six feet of water source;
(e)
Aluminum or metal exhaust from dryer;
(f)
Carbon monoxide detector if open flame (oil or gas) furnace,
gas or wood fireplace, or wood-burning stove;
(g)
Carbon monoxide detector if garage is attached;
(h)
Fire extinguisher in kitchen conspicuously located;
(i)
Stairs (indoor and outdoor) in good condition;
(j)
Swimming pools, hot tubs and spas must meet the barrier requirements
as indicated in the 2009 International Residential Code.
(k)
Any other occupancy requirements which may be added by ordinance
revision by the Board of Supervisors.
F.
Disciplinary actions; grounds for suspension, revocation, or nonrenewal
of license.
(1)
General. The Zoning Officer, or the Zoning Officer's designee,
is empowered to take administrative disciplinary action against an
owner as set forth in this section upon finding a violation of any
provision of this section. Nothing in this section shall limit the
right, power or jurisdiction of the Township to proceed against the
owner or any transient visitor under any other law or regulation.
(2)
Disciplinary actions. The following constitute the disciplinary
actions available to the Zoning Officer, or the Zoning Officer's designee,
in his or her discretion, under this section:
(a)
Formal warning. Formal written notification may be issued in
the event of at least one violation of this section. Upon satisfactory
remediation of such violation(s) and any conditions imposed by the
Zoning Officer, or the Zoning Officer's designee, the formal warning
shall be removed when the owner applies for a renewal of the short-term
lodging license.
(b)
Suspension. A short-term lodging license may be suspended in
the event of at least one violation of this section. Suspension results
in the immediate loss of the privilege to rent the short-term lodging
facility for the period of time set by the Zoning Officer, or the
Zoning Officer's designee, not to exceed one year from the date of
suspension. The owner, after the expiration of the suspension period,
may apply for a short-term lodging license renewal. A determination
of whether to renew the short-term lodging license shall depend on
the satisfactory remediation of the violation(s) that resulted in
the suspension, as well as compliance of all other requirements set
forth in this section. Upon suspension, the owner shall take immediate
steps to evict, and disallow any further use by, all transient visitors
at the short-term lodging facility through the end of the suspension
period and until such time as the short-term lodging license has been
reinstated.
(c)
Revocation. A short-term lodging license may be revoked in the
event of at least one violation of this section. Revocation results
in the immediate loss of the privilege to rent the short-term lodging
facility for any period of time in excess of one year or for a second
or subsequent suspension of the short-term lodging license for the
same property, as may be determined by the Zoning Officer, or the
Zoning Officer's designee. Upon revocation, the owner shall take immediate
steps to evict, and disallow any further use by, all transient visitors
at the short-term lodging facility through the end of the revocation
period and until such time as the short-term lodging license has been
reinstated.
(d)
Reinstatement. A short-term lodging license may be reinstated
from suspension or revocation if the owner of a short-term lodging
facility satisfactorily remediates all violation(s) that led to the
suspension or revocation of the short-term lodging license, pays for
a new license fee, and demonstrates compliance with all other requirements
set forth in this section.
(e)
Nonrenewal. The Zoning Officer, or the Zoning Officer's designee,
may deny an application for short-term lodging license renewal and/or
reinstatement due to the failure of the owner to comply with the requirements
of this section or for a failure to satisfactorily remediate any previously
noted violation(s) leading to the suspension and/or revocation of
the short-term lodging license.
(3)
Criteria for taking disciplinary action. The Zoning Officer,
or the Zoning Officer's designee, when taking disciplinary action
against an owner, shall consider the following factors:
(a)
The effect of the violation(s) on the health, safety and welfare
of the transient visitors and/or any other residents of the property;
(b)
The effect of the violation(s) on nearby property owners;
(c)
The history of any prior violation(s) of this section and any
other provision of the Exeter Township Code of Ordinances; and
(d)
The actions taken by the owner to satisfactorily remediate any
past or current violation(s) and to prevent future violation(s).
(4)
Reasonable conditions. In addition to the disciplinary actions
set forth above, the Zoning Officer, or the Zoning Officer's designee,
may impose any reasonable conditions related to fulfilling the purposes
of this section and remediating any violations of this section.
(5)
Search warrant. Upon a showing of probable cause that a violation
of this section, or any other violation of the Exeter Township Code
of Ordinances, has occurred, the Zoning Officer, or the Zoning Officer's
designee, may apply to the Magisterial District Judge having jurisdiction
in the Township for a search warrant to enter and inspect the short-term
lodging facility.
G.
Procedure for notification.
(1)
Form of notification. Following a determination by the Zoning
Officer, or the Zoning Officer's designee, that grounds for a formal
warning, nonrenewal, suspension or revocation of a short-term lodging
license exist, written notification shall be made, addressed to the
owner, containing the following information:
(a)
The address and owner of the involved short-term lodging facility;
(b)
A description of the violation(s) found to exist therein;
(c)
If applicable, a statement that the short-term lodging license
has been suspended or revoked, along with the effective date of such
suspension or revocation, and the length of the suspension and/or
revocation; and
(d)
In the event of a suspension or revocation, a statement that
the owner is prohibited from allowing the use of the short-term lodging
facility by transient visitors during the suspension or revocation
period.
Yard sales shall be governed by the following:
A.
Four yard sales are permitted per household in any calendar year.
B.
The maximum duration of any yard sale shall be three consecutive
calendar days.
C.
Any individual, group, or corporation posting advertisements within
the Township shall remove from the Township right-of-way all signs,
flyers, posters, and bulletins no later than the date after the yard
sale. Should the yard sale not be held, all signs, flyers, posters,
and bulletins advertising the yard sale shall be removed no later
than the scheduled last day of the yard sale.
The following shall apply to tank farms:
A.
No materials or wastes shall be deposited upon a lot in such a form
or manner that it may be transported off by natural causes or forces.
B.
No substance which can i) contaminate groundwater or surface water;
ii) render groundwater or surface water undesirable as a source of
water supply or recreation; or iii) destroy aquatic life shall be
allowed to enter any groundwater or surface water.
C.
Tank farms shall be subject to all applicable regulations of the
Pennsylvania Department of Environmental Protection.
D.
Fencing.
(1)
Fencing design. Fencing shall serve as a structural barrier for the
protection of physical assets and personnel. Fencing shall be used
to channel authorized vehicle and pedestrian traffic to specific gate
locations at the facility.
(2)
Fence fabric.
(a)
The fence fabric shall be made of a heavy metal fabric appropriate
to the service it is in; it should be clad with a protective coating
of zinc, aluminum or aluminum alloy. The fence fabric shall withstand
a breaking load sufficient to protect the fence from breaching under
normally expected stress. Mesh openings in the fabric shall be no
larger than two inches.
(b)
The fence fabric shall have a minimum height of seven feet.
(3)
Fence installation.
(a)
In areas where the fence is over hard surfaces (soil or pavement),
the bottom of the fence fabric shall be no more than two inches above
the surface.
(b)
In areas where the fence is over soft surfaces (soil, gravel
or sand) the bottom of the fence fabric shall be below the soft surface
to account for erosion. If this installation does not provide adequate
protection, the bottom of the fence shall be anchored to the ground
and shall have a bottom rail or support wire.
(c)
In areas where the fence crosses uneven grades (streams, culverts
or hills) the fence fabric will be extended with additional fence
fabric or grating to deter penetration.
(d)
Fence installations shall not disrupt the flow of water.
(e)
There shall be no gaps in the fence line that would allow an
individual unauthorized access.
(f)
A top rail shall be installed on the top of the fence.
(g)
Fencing fabric shall be stretched taut.
(h)
Fencing installation hardware shall be of sufficient strength
for the application and shall be resistant to environmental conditions
and individual tampering.
(i)
The fence shall have a three-strand barbed wire top guard facing
outward from the facility at a 45° angle. The barbed wire strands
in the top guard shall be spaced six inches apart. The arms supporting
the barbed wire top guard shall withstand a weight of 250 pounds applied
at the outer strand of barbed wire. The overall height of the fence
with the barbed wire shall be a minimum of eight feet.
(4)
Posts (fence and gate).
(a)
Fence line posts shall be spaced equidistantly with no more
than 10 feet between posts.
(b)
Fence posts shall withstand a breaking load sufficient for the
service it is being placed in (but not less than 1,000 pounds).
(c)
The diameter of the post holes shall be at least four times
the largest cross section of the post.
(d)
The depth of the post holes shall be a minimum of 36 inches.
(e)
After the post has been set plumb and is in alignment, the post
hole shall be filled with concrete. The exposed surface of the concrete
shall be crowned in order to shed water.
(f)
Terminal posts shall be braced diagonally to the nearest line
posts. The angle between the brace and the ground shall be no more
than 50°.
(g)
Post tops shall consist of ornamental tops or combination tops
with barbed wire supporting arms as required for the fence service.
The following shall apply to apartments and townhouses.
A.
The development shall be served by public or community sewage disposal
and public or community water supply facilities.
B.
The minimum amount of land in the development shall be five acres.
C.
A system for pedestrian circulation throughout the development shall
be provided.
D.
The maximum height of any building shall not exceed 45 feet.
E.
The minimum building setback line shall be 25 feet.
F.
The maximum length of an apartment building or a row of townhouses
shall be 160 feet.
G.
No more than four continuous townhouses shall have the same front
setback and the variations in front setback shall be at least two
feet.
H.
No more than six townhouses shall be in a continuous row.
I.
The minimum width of a townhouse shall be 18 feet.
J.
No townhouse or apartment building shall be located within 50 feet
of a property line of the development.
K.
No townhouse shall be located within 50 feet of a dwelling which
is not in the same row of townhouses.
L.
No more than 30% of the total area of the development shall be covered
by buildings.
M.
No more than 35% of the total area of the development shall be paved.
N.
Exterior storage areas for trash and rubbish shall be completely
screened from view on three sides, and all trash and rubbish shall
be contained in verminproof containers.
O.
No less than 20% of the total area of the development shall be permanently
set aside for noncommercial common open space purposes, such as parks,
recreation or conservation of natural features. The common open space
areas shall be suitable for the designated purpose and contain no
structure or parking facility except as related to and incidental
to open space uses. Common open space areas may be reserved for private
use or dedicated to the Township, if acceptable to the Township. For
land which is not dedicated to the Township, a written agreement satisfactory
to and approved by the Township Supervisors shall be made for the
perpetual preservation and maintenance of the undedicated common open
space areas.
Q.
All dead-end parking lots shall provide adequate areas into which
cars parked in the end stall of the lots may back.
R.
Common parking areas and access drives shall be located a minimum
of 20 feet from all structures and from the exterior of lot lines
of the development.
S.
Entrance and exitways to parking areas shall have a minimum width
of 12 feet for each lane of traffic entering or leaving the areas.
T.
Parking areas shall not be designed or located to require cars to
back into collector or arterial streets (as defined in the Township
Subdivision and Land Development Ordinance) in order to leave the
parking areas.
U.
No more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by landscaping.
V.
Entrances and exits from common parking areas shall be located a
minimum of 50 feet from the point of intersection of the nearest street
curblines.
The following shall apply to electric power production.
A.
All generating stations, fuel storage facilities and yards, and electric
substations shall be enclosed by a fence with a minimum height of
eight feet.
C.
All federal, state and supplemental requirements as specified in
this chapter pertaining to environmental regulations and performance
standards shall be satisfied. It shall be the burden of the applicant
to provide the Township with written proof that all said permits have
been obtained from the various federal and state agencies having jurisdiction
over the facility.
D.
A screen buffer shall be provided between the facility and any residentially
used or zoned property.
E.
Area, yard and height regulations.
|
Electric Power Production
| |||
|---|---|---|---|
|
Maximum Permitted
| |||
|
Building heights (except for stack)
|
80 feet
| ||
|
Building lot coverage
|
65%
| ||
|
Minimum Requirements
| |||
|
Lot size
|
5 acres
| ||
|
Building setback
|
100 feet
| ||
|
Lot width
| |||
|
At street line
|
300 feet
| ||
|
At building setback line
|
300 feet
| ||
|
Open area
|
30%
| ||
|
Side yard
| |||
|
Total
|
150 feet
| ||
|
One side
|
75 feet
| ||
|
Rear yard
|
50 feet
| ||
|
Improvement setback
|
20 feet
| ||
|
Distance between highway access points
|
100 feet
| ||
The following shall apply to cogeneration electric power production:
A.
All generating stations, fuel storage facilities and yards, and electric
substations shall be enclosed by a fence with a minimum height of
eight feet.
C.
All federal, state and supplemental requirements as specified in
this chapter pertaining to environmental regulations and performance
standards shall be satisfied. It shall be the burden of the applicant
to provide the Township with written proof that all said permits have
been obtained from the various federal and state agencies having jurisdiction
over the facility.
D.
When the cogeneration facility is intended as an accessory use to
an existing or proposed sanitary landfill on a site, and is intended
to utilize methane generated on site as the source of fuel, the following
conditions shall be met:
E.
A screen buffer shall be provided between the facility and any residentially
used or zoned property.
F.
Area, yard and height regulations.
|
Cogeneration Electric Power Production
| |||
|---|---|---|---|
|
Maximum Permitted
| |||
|
Building heights (except for stack)
|
80 feet
| ||
|
Building lot coverage
|
65%
| ||
|
Minimum Requirements
| |||
|
Lot size
|
5 acres
| ||
|
Building setback
|
100 feet
| ||
|
Lot width
| |||
|
At street line
|
300 feet
| ||
|
At building setback line
|
300 feet
| ||
|
Open area
|
30%
| ||
|
Side yard
| |||
|
Total
|
150 feet
| ||
|
One side
|
75 feet
| ||
|
Rear yard
|
50 feet
| ||
|
Improvement setback
|
20 feet
| ||
|
Distance between highway access points
|
100 feet
| ||
G.
No access point shall be permitted to U.S. Route 422. All access
points shall be to a road which intersects U.S. Route 422 at a traffic
light.
H.
The land on which all improvements are made shall be aesthetically
improved so as to complement the neighborhood wherein they are constructed,
and a landscaping plan shall be submitted in accordance therewith
unto the Township for approval.
[Amended 6-13-2011 by Ord. No. 713]
A.
Purpose and intent. The purpose and intent of this section is to
regulate the potentially deleterious impact of signs on the Township;
to improve the appearance of the Route 422 Corridor; to insure the
compatibility of signs with adjacent and nearby land uses; to limit
the aesthetic impact that a multitude of clustered signs has on the
Township; and to limit and reduce the traffic safety problems that
are caused by signs that distract a driver's attention away from the
roadway.
B.
General regulations. All signs shall comply with the following regulations:
(1)
Except in the case of traffic control signs, school warning signs, time and/or temperature signs and electronic signs erected pursuant to Subsection D below, signs shall not contain moving parts nor use flashing or intermittent illumination, and the source of light shall be steady and stationary.
(2)
No sign shall be placed in such a position, or have such a source
of illumination, that it will cause any danger to pedestrians or vehicular
traffic.
(3)
At all street intersections, no sign, except traffic control signs,
school warning signs, and similar signs as provided for by other portions
of this chapter shall be permitted within a clear sight triangle.
Such triangles shall be established from a distance of 75 feet from
the point of intersection of the center lines of the intersection
streets, except that a clear sight triangle of 150 feet shall be provided
for all intersections with or of arterial highways. In addition, sight
distance shall meet the requirements of PennDOT Publication 201, Engineering
and Traffic Studies, Section 201.6.16.
(4)
No sign, other than traffic control signs, school warning signs,
and similar signs shall be erected within the right-of-way lines of
any street or extend over any street right-of-way.
(5)
No sign shall be utilized in a manner that produces a noxious glare
at or beyond the boundaries of the lot on which it is located. No
direct beams of light shall be directed toward adjacent properties
or public roads, and all light sources shall be shielded from adjoining
properties, streets, and public roads.
(6)
No sign shall be erected or located so as to prevent free ingress
to or egress from any window, door, or fire escape.
(7)
No sign that emits smoke, vapors or particulates, sound, or odor
shall be permitted.
(8)
No portion of any sign shall project over a lot line.
(9)
The area immediately surrounding each sign shall be kept in a clean,
sanitary, and healthful condition. No accumulations of loose paper,
bottles, cans, garbage, or similar items shall be permitted.
(10)
Every sign shall be constructed of durable material and kept
in good condition. Peeling paint shall be removed and replaced; broken
letters or other parts shall be repaired or replaced; broken lights
shall be replaced; and similar maintenance tasks shall be performed
when necessary. Any sign that becomes dilapidated or which creates
a hazard to the public health, safety or welfare shall be removed
at the expense of the owner or lessee. All signs shall be installed
in compliance with building and electrical codes as adopted by the
Township.
(11)
Height — freestanding signs. The height of
any part of a freestanding sign in the RC, AP, R, SR0, SR1, SR2, SR3,
and UR Zoning Districts shall not exceed 10 feet, as measured from
the edge of the cartway nearest the sign to the highest part of the
sign. The height of a freestanding sign in the HC Highway Commercial,
SCC Shopping Center Commercial, LI Light Industrial or GI General
Industrial Zoning Districts shall not exceed 30 feet, as measured
from the edge of the cartway nearest the sign to the highest part
of the sign.
(12)
Height — building sign. No portion of a sign, which is
attached to a building, or which projects from a building, shall extend
more than five feet vertically above the height of the building.
(13)
No building sign shall project more than 12 inches from the
building facade to which it is attached, except that building signs
may project from the front of a building perpendicularly to the front
of the building a distance of not more than four feet, provided that
such signs are entirely located underneath a roof overhang or similar
architectural feature, such signs are no more than 12 square feet
in area on any one side, and all portions of all such signs are at
least eight feet above the ground.
(14)
No vulgar, indecent or obscene signs may be displayed in any
manner.
(15)
No signs shall be permitted which are posted, stapled, or otherwise
permanently attached to public utility poles or trees within a street
right-of-way.
(16)
All sign provisions of this chapter shall apply to the use of
silos, smokestacks, water towers and other similar structures as signs.
(17)
Signs on mobile stands, which can be moved from place to place,
and vehicular signs or signs affixed to other moveable structure are
prohibited.
(18)
With the exception of traffic control signs, signs which make
use of words such as "stop," "look," "one-way," "danger, "yield,"
or any similar words, phrases, symbols, lights or characters, in such
a manner as to interfere with, mislead, or confuse traffic, are prohibited.
(19)
Portable signs are prohibited.
(20)
Vehicular signs are prohibited.
(21)
Temporary signs other than those recognized by this chapter
are prohibited.
(22)
Signs are prohibited on public property or public rights-of-way,
unless erected by a governmental body or otherwise permitted by the
Code Enforcement Officer and bearing no commercial advertising.
(23)
Search lights, pennants, spinners, banners and streamers are
prohibited, except as otherwise stated in this chapter.
(25)
All signs must comply with Exeter Township Ordinance No. 612
(i.e., the Outdoor Lighting Ordinance), as may be amended from time
to time.[1] The provisions of the Outdoor Lighting Ordinance are expressly
incorporated into this provision as if the same were set forth at
length.
(27)
A sign permit applicant must obtain all necessary outside agency
approvals prior to erection of a sign, including, but not limited
to, approval from the Pennsylvania Department of Transportation, as
may be required.
C.
Specific sign regulations. All signs shall comply with the corresponding
requirements and regulations set forth on Table 390-69 (Signs).[3]
[3]
Editor's Note: Table 390-69 is included at the end of this chapter.
D.
Additional criteria for off-premises freestanding signs. In addition
to the above criteria and the criteria set forth on Table 390-69,
the following criteria shall apply to off-premises freestanding signs:
(1)
Off-premises freestanding signs may only be erected and maintained
in the HC Highway Commercial, SCC Shopping Center Commercial, LI Light
Industrial, or GI General Industrial Zoning Districts [noting, however,
that off-premises freestanding signs shall not be permitted along
Business Route 422 (a.k.a. Perkiomen Avenue) between East Neversink
Road and the western Township boundary line with St. Lawrence Borough
to the northwest] in compliance with this section.
(2)
One off-premises freestanding sign shall be allowed for each street, highway or driveway having frontage on any one property. Off-premises freestanding signs may be permitted in a back-to-back configuration or a V-type configuration pursuant to the provisions of this section. Each off-premises freestanding sign in a V-shaped or back-to-back sign is permitted to be up to or equal to 300 square feet in size, noting that such signs shall require special exception approval pursuant to § 390-69F herein.
(3)
All such signs shall be set back a minimum of 300 feet from any other
off-premises freestanding sign and 600 feet from any V-type or back-to-back
orientated off-premises freestanding sign. With respect to any off-premises
freestanding signs proposed to be located on a limited access highway,
as designated by the Pennsylvania Department of Transportation, such
signs shall be setback a minimum of 500 feet from any other off-premises
freestanding sign and 600 feet from any V-type or back-to-back orientated
off-premises freestanding sign.
(4)
Setback from residential dwelling unit. Except as governed by a greater setback required in § 390-69, all off-premises freestanding signs must be set back a minimum of 150 feet from the boundary of any residential zoning district and from the boundary of any property on which a residential dwelling unit is situated.
(5)
V-type or back-to-back freestanding signs. Two signs are permitted
in a V-type or back-to-back orientation, provided that:
(a)
Such signs be set back a minimum of 600 feet from any other
freestanding sign;
(b)
With respect to V-type signs, the signs shall be at least five
feet apart at the closest point, and the interior angles shall not
be greater than 30°. The size and shape of the signs should not
deviate from each other, and they shall utilize the same support structure;
and
(c)
With respect to back-to-back signs, the signs shall be parallel
and directly opposite from each other and shall not be spaced more
than 15 feet apart. The size and shape of the signs should not deviate
from each other, and they shall utilize the same support structure.
E.
Additional criteria for off-premises electronic signs. In addition
to the above criteria and the criteria set forth on Table 390-69,[4] the following criteria shall apply to off-premises electronic
signs:
(1)
Off-premises electronic signs may only be erected and maintained
in the HC Highway Commercial, SCC Shopping Center Commercial, LI Light
Industrial, or GI General Industrial Zoning Districts [noting, however,
on-premises electronic signs shall also be permitted in the NC Neighborhood
Commercial Zoning District and that off-premises electronic signs
shall not be permitted along Business Route 422 (a.k.a. Perkiomen
Avenue) between East Neversink Road and the western Township boundary
line with St. Lawrence Borough to the northwest] in compliance with
this section.
(3)
Off-premises electronic signs may not contain any flashing, scrolling
or moving lights, text or graphics, or any full-motion video.
(4)
Change interval. Off-premises electronic signs must provide a minimum
change interval of at least 15 seconds. A "change interval" is defined
as the time period in which the display of an electronic sign must
remain static and during which the display may not transition to display
another advertisement.
(5)
Transition interval. Off-premises electronic signs must provide a
maximum transition interval of one second. The "transition interval"
is defined as the time period in which the display of an electronic
sign transitions to another display.
(6)
Setback from residential dwelling unit. All off-premises electronic
signs must be set back a minimum of 300 feet from any residential
zoning district and from the boundary of any property on which a residential
dwelling unit is situated.
(7)
Off-premises electronic signs must comply with Exeter Township Ordinance
No. 612 (i.e., the Outdoor Lighting Ordinance adopted on January 23,
2006, as may be amended from time to time).[5] Off-premises electronic signs may not operate before sunrise
or after 11:00 p.m., consistent with outdoor lighting ordinance No.
612.
(8)
At no point on the electronic sign shall the luminance exceed 340cd/m2 after sunset.
(9)
Off-premises electronic signs may not be located in the Neighborhood
Commercial Zoning District or the Restricted Office Commercial District.
(10)
Off-premises electronic signs must be set back at least 500
feet from all street intersections, measured from the point of intersection
of the center lines of the intersecting streets, nor may electronic
signs be permitted in any area where they impinge upon the clear sight
triangle of any street intersection.
[4]
Editor's Note: Table 390-69 is included at the end of this chapter.
F.
Special exception criteria. In addition to the above criteria and
the criteria set forth on Table 390-69, an off-premises freestanding
sign or an off-premises electronic sign, greater than 32 square feet
and equal to or less than 300 square feet, shall be permitted only
by special exception, upon an applicant:
(3)
Establishing that the proposed sign is set back a minimum of 300
feet from the boundary of any residential zoning district and from
the boundary of any property on which a residential dwelling unit
is situated;
(4)
Establishing that the proposed freestanding sign will be set back
at least 500 feet from all street intersections, measured from the
point of intersection of the center lines of the intersecting streets,
that the freestanding sign does not impinge upon the clear sight triangle
for the intersection, and that the freestanding sign will not cause
any danger to pedestrians or vehicular traffic; and
(5)
Establishing that the proposed freestanding sign will not will not
create a public health, welfare or safety concern.
(6)
Off-premises freestanding signs greater than 300 square feet shall
not be permitted.
[Amended 10-9-2017 by Ord. No. 778]
The adaptive reuse of an existing historic resource shall be
permitted in all zoning districts and overlay districts when in accordance
with the standards set forth below:
A.
General criteria.
(1)
The adaptive reuse of an historic resource shall comply with the use requirements of the applicable zoning district. Area and bulk, parking, and lighting requirements of the Township ordinances may be modified through the variance process by the Zoning Hearing Board. The Zoning Hearing Board, in reviewing an application for relief from such requirements, shall, in conjunction with the requirements under § 390-96G, give favorable consideration where the applicant has demonstrated sensitive restoration, including preservation of facades, rehabilitation using material and design authentic and appropriate to the architecture, and preservation of the building mass as it appears from all public rights-of-way.
(a)
Additionally, in residential subdivisions and/or land developments
proposing and implementing the restoration, maintenance, and adaptive
reuse of an historic resource, the minimum lot area shall be reduced
to allow the lot on which the historic resource is located as one
additional lot (with the resulting minimum lot area being the average
of the number of lots otherwise allowed in the district plus the historic
resources lot).
(2)
Every effort shall be made to maintain or restore the historic resource
to its original architectural style and bulk. Additions shall complement
the existing architectural style and bulk of the historic resource
and require approval of the Board of Supervisors upon recommendation
by the Planning Commission.
(3)
Additional entrances, when required, shall be placed on the side
or rear of the historic resource to avoid disruption of the front
facade.
(4)
Removal or alteration of distinctive stylistic and architectural
features of the historic resource that contribute to the character
of the surrounding neighborhood or the historic value of the historic
resource shall not be permitted without the approval of the Board
of Supervisors, upon consideration of the recommendation of the Planning
Commission.
(5)
Deteriorated architectural features that contribute to the character
of the neighborhood or historical value of the historic resource shall
be repaired rather than replaced. In the event that the applicant
can demonstrate that the replacement is necessary, the new material
shall match the material being replaced in composition, color, design,
texture, and other visual qualities.
(6)
An application for adaptive reuse shall be accompanied by the following
information:
B.
Adaptive reuse standards. The following standards and criteria shall
govern the design and review procedures for the adaptive reuse of
existing historic resources for which conditional use approval is
sought in accordance with the base or overlay zone of this chapter:
(1)
Permitted/by right adaptive reuse opportunities. In addition to the
uses permitted by right, special exception, or conditional use in
the base or overlay zoning district, the following uses shall be permitted
by right for adaptive reuse:
(a)
Single-family detached dwelling (including single farm dwelling).
(b)
Home occupation.
(d)
Banks, savings and loan associations, finance companies, and
similar types of businesses subject to the restriction that drive-through
services are not permitted.
(e)
Business, professional, or governmental offices or studios.
(f)
Multiple- and single-family residential use above a business/professional
office or retail use ("dual use") subject to the following:
[1]
Each dwelling unit shall contain at least 500 square feet of
indoor living space and shall include a kitchen and a private bathroom;
and
[2]
When an on-lot sewage disposal system is to be used, the applicant
shall demonstrate that the existing or proposed sewage system can
accommodate the maximum potential usage and that an appropriate site
for a replacement system is available should the system fail.
(g)
Municipal use.
(j)
With the exception of residential zoning districts, restaurants,
taverns, and similar types of establishments subject to the following:
[1]
Cabarets are not permitted;
[2]
Drive-through restaurants are not permitted; and
[3]
When an on-lot sewage disposal system is to be used, the applicant
shall demonstrate that the existing or proposed sewage system can
accommodate the maximum potential usage and that an appropriate site
for a replacement system is available should the system fail.
(k)
Gallery, museum, or other cultural studio, provided that off-street
parking shall be required in an amount equal to half of the permitted
occupancy rate, and no bus loading or drop off shall be permitted
in residential zoning districts, except that bus loading or drop off
may be permitted by conditional use where the applicant can establish
sufficient space on the property for the parking of the buses and
that the frequency and character of the use is not detrimental to
the character of the neighborhood.
(2)
Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board in accordance with § 390-96H:
(3)
Uses permitted by conditional use. The following uses are permitted when a conditional use is approved by the Board of Supervisors in accordance with § 390-90:
(a)
Hotels subject to the following:
[1]
There shall be no cooking facilities or laundry facilities in
any guest room as would require fire suppression systems by the Department
of Agriculture;
[2]
Overnight lodging accommodations shall not exceed 30 consecutive
nights per patron; and
[3]
When an on-lot sewage disposal system is to be used, the applicant
shall demonstrate that the existing or proposed sewage system can
accommodate the maximum potential usage and that an appropriate site
for a replacement system is available should the system fail.
(b)
Within the AP, R, RC, SR0, SR1, SR2, SR3, UR, LI, and GI Zoning
Districts, uses allowed within the NC Neighborhood Commercial Zoning
District are permitted by conditional use.
(c)
Within residential zoning districts, restaurants, taverns, and
similar types of establishments subject to the following:
[1]
Cabarets are not permitted;
[2]
Drive-through restaurants are not permitted;
[3]
When an on-lot sewage disposal system is to be used, the applicant
shall demonstrate that the existing or proposed sewage system can
accommodate the maximum potential usage and that an appropriate site
for a replacement system is available should the system fail; and
(4)
Area and bulk standards.
(a)
The area and bulk standards for the base zoning district shall apply to the adaptive reuse of existing structures. Modification to area and bulk standards may be granted by the Zoning Hearing Board by variance, after review and recommendation by the Planning Commission and the Board of Supervisors, taking into consideration the factors listed in Subsection A(1).
(b)
Lot coverage. Relief of up to an additional 10% may be granted
by the Board of Supervisors by conditional use from the maximum permitted
lot coverage (including buildings, paving and other impervious surfaces)
permitted in the base zoning district, provided that stormwater management
requirements are met, and there are no other adverse effects on the
surrounding neighborhood without requiring a variance from the Zoning
Hearing Board.
The following shall apply to farmers markets:
A.
A farmers market shall be permitted as an accessory, temporary use
in any zoning district.
B.
An applicant seeking to operate a farmers market (with the exception
of the Township of Exeter as an applicant) must obtain a zoning permit
from the Township Zoning Officer prior to such use. The permit application
must include: the name, address, telephone number and emergency contact
number of the individual(s) who shall be responsible for managing
the farmers market; the name, address, and telephone number of each
vendor; the type of commodity offered by each vendor; a plan that
depicts the location of each vendor stall; and the proposed hours
of operation of the farmers market. In the event that the applicant
is not the legal or equitable owner of the property on which a farmers
market is proposed, the applicant must submit written approval for
such use on the property from the legal owner of the property.
C.
A farmers market may not be permitted to operate for more than two
days in succession, at any one time. An applicant may submit a single
zoning permit application in order to utilize a property as a farmers
market for multiple, discrete dates within a single calendar year.
D.
In the event that a farmers market will operate for more than a single
day on a property, the applicant shall ensure that: vendor stalls
and vendor goods are removed overnight; or vendor stalls are adequately
secured against theft, vandalism, and inclement weather.
E.
Each vendor space in a farmers market must be at least 10 feet in
width.
F.
Parking. Two parking spaces shall be required for each 10 feet in
width of vendor space. In the event that the farmers market is located
on a property that has a principal use with days or hours of operation
that do not overlap with the days or hours of operation of the farmers
market, any parking spaces serving the principal use may be counted
toward the required number of parking spaces for the farmers market.
In the event that the farmers market is located on a property that
has a principal use with hours of operation that overlap with the
hours of operation of the farmers market, shared parking may be permitted
only if the applicant can demonstrate that the parking provided will
be sufficient for each use.
G.
No vendor stall shall be situated such that it interferes with any
clear sight triangle.
H.
In the event that a farmers market will include more than 10 vendors,
the applicant must provide event security and adequate traffic controls,
as approved by the Township Board of Supervisors.
The following regulations shall apply to boarding kennels (short-term):
C.
Odor control. The facility shall comply with the provisions of the environmental protection standards (§ 390-35).
F.
Outdoor exercise area, if utilized, must be completely enclosed with
a six-foot high (minimum) fence; fence gate(s) must be locked at all
times; the fenced area shall not encroach into any required yard area
(i.e., the required minimum front yard, rear yard or side yard) of
the property on which the kennel is located.
G.
Overnight stays are prohibited.
A.
Other types of land uses, not specifically identified, regulated
or recognized within this chapter of the Code, may evolve or become
commonly acceptable as a reasonable use within the Township. It is
the purpose of this section to provide for all reasonable and appropriate
land uses and to establish a mechanism for the inclusion of such land
uses within the Township.
B.
All undefined or other reasonable land uses that are not otherwise
regulated by this Code shall be permitted by conditional use within
the GI General Industrial Zoning District.
C.
Unless otherwise permitted by the Board of Supervisors as part of
the conditional use application and proceedings, the following requirements
shall apply to all undefined or other reasonable land uses which are
not recognized by this Code:
(2)
The applicant shall establish that the use complies with the area, yard and height requirements set forth in § 390-25.
(3)
The applicant shall establish that the use complies with the performance standards, as set forth in § 390-35.
(4)
The applicant shall establish that the use complies with the design standards set forth in § 390-34.
(5)
The undefined use shall be serviced by public sanitary sewage
facilities and public water supply facilities.
(6)
Together with its conditional use application, the applicant
shall submit to the Township a request for inclusion of an undefined
or other reasonable land use that is not recognized as part of this
Code, with illustrations and complete documentation that fully describes
the land use activity and the manner in which it differs from the
permitted uses defined or permitted by this Code.
(7)
The applicant shall provide evidence that the undefined use
shall comply with all provisions established within this Code. This
may include the submission of a grading plan, utility plan, landscaping
plan, architectural renderings, traffic impact study and/or environmental
impact assessment report. Prior to the submission of the conditional
use application, the applicant shall consult with the Township Engineer
and Zoning Officer to initially discuss the supplemental documentation
that may be required as part of the application.
(8)
The applicant shall establish that it complies with all state,
federal or other regulations pertaining to the proposed use.
(9)
The applicant shall establish that the proposed use does not
adversely affect the public health, safety or welfare.
[Amended 6-13-2011 by Ord. No. 713]
A.
A group home is permitted by special exception in only the R Rural,
LI Light Industrial and RC Rural Conservation Zoning Districts.
B.
Unless otherwise specified by this Code, all group homes shall be
located on approved lots which comply with all applicable dimensional
requirements, the performance standards, the design standards, and
the area, yard and height regulations, which are further specified
by the appropriate zoning district to which the group home is located.
C.
All group homes shall comply with the following general standards
and requirements, which the applicant bears the burden of establishing
in pursuing its special exception application:
(1)
A site plan or land development plan shall be accurately prepared
for a proposed group home. The site plan or land development plan
shall show the location and the dimensions of the group home, off-street
parking areas, private entrances, walkways, fencing and landscaping.
These plans shall show the dimensions, intended use and square footage
of each room and storage area within the group home.
(2)
One off-street parking space shall be provided per employee,
computed on the basis of the estimated maximum number of employees
that could be present at any given time, plus one space for every
four residents within the group home. Garage space shall not be used
in calculating off-street parking.
(3)
No more than two live-in employees or supervisors shall reside
in a group home.
(4)
The residential exterior appearance of the structure and premises
shall be maintained. No external alterations, additions, or changes
to the exterior of the structure are permitted, except as may be required
by the Pennsylvania Department of Welfare or other governmental agency,
or as may be needed for safety reasons or to accommodate the physically
handicapped. When the group home use is abandoned, the dwelling shall
be restored to its prior dwelling unit status.
(5)
There shall be no more than one kitchen or cooking facility
(with the exception of facilities existing as of the date of this
chapter that contain more than one kitchen or cooking facility). Meals
shall be served to employees, residents and visitors only. No separate
cooking facilities are permitted for any occupant.
(6)
The applicant shall provide documentation to the Township Code
Enforcement Officer, Sewage Enforcement Officer and Zoning Officer
that the group home complies with all sewer, water, building, fire,
plumbing, heating, electrical and similar facilities, and that the
same meets the applicable standards established by the Exeter Township
Code and by the Commonwealth of Pennsylvania.
(7)
The applicant shall provide documentation to the Code Enforcement
Officer and Zoning Officer that the group home has been licensed as
a group home by the Pennsylvania Department of Public Welfare and
shall meet all current DPW regulations, including those standards
governing indoor space and applicable state and local building and
fire safety codes. The applicant shall maintain a current and valid
license as a group home from DPW.
(8)
Although live-in supervision is not mandatory, the applicant
shall provide evidence and documentation to the Township that it will
provide the residents of the group home with the physical safety and
emotional support that is required. Immediate contact with a manager
or supervisor of the agency or operator of the group home shall be
available 24 hours per day, seven days per week, to the authorized
representatives of the Township. The applicant shall further provide
evidence to establish that its proposed group home, its facilities
and its operation will neither cause a direct threat to the public
health, safety or welfare, nor constitute a direct threat to the safety
of the nearby residents or properties.
(9)
No group home shall have more than 14 residents at any given
time period, not including the live-in supervisors and employees.
As a reasonable accommodation as set forth in the Federal Fair Housing
Amendments Act, 42 U.S.C.A. § 3601 et seq., and in order
to enable persons with handicaps equal access to housing, the Zoning
Hearing Board may grant a reasonable accommodation, as defined in
this chapter, from this provision.
(10)
An emergency management plan must be developed in the event
of a catastrophic event resulting from flooding, fire, snow, ice,
earthquake, utility outage or other catastrophic event. The emergency
management plan should be submitted to the Township Emergency Management
Coordinator for review and consideration prior to the issuance of
the use and occupancy permit. The owner and operator of the group
home shall provide a copy of the emergency management plan to the
social workers and tenants of the group home.
D.
As part of the special exception application, the Zoning Hearing
Board may impose conditions as deemed necessary or appropriate.
[Amended 6-13-2011 by Ord. No. 713]
A.
A correctional facility or a group institution is permitted by special
exception in the LI Light Industrial Zoning District.
B.
Unless otherwise specified by this Code, all correctional facilities
and group institutions shall be located on approved lots that comply
with all applicable dimensional requirements, the performance standards,
the design standards, and the area, yard and height regulations for
the LI Light Industrial Zoning District.
C.
All correctional facilities and group institutions shall comply with
the following general standards and requirements, which the applicant
bears the burden of establishing in pursuing its special exception
application:
(1)
A site plan or land development plan shall be accurately prepared
for the proposed use. The site plan or land development plan shall
show the location and the dimensions of the correctional facility
or group institution, off-street parking areas, private entrances,
walkways, fencing and landscaping.
(2)
No correctional facility or group institution shall be located
within one mile of an existing correctional facility, group institution,
institutional use, or state licensed day-care center, nor shall an
applicant be permitted to apply for special exception relief for a
correctional facility or group institution within one mile of another
correctional facility or group institution, be it existing or proposed.
Another use or facility shall be deemed "existing" if such uses or
facilities are/were in existence or operation at the time of the special
exception application; if such uses or facilities have been granted
special exception or other zoning approval at the time of the special
exception application; if such uses or facilities have obtained preliminary
subdivision or land development approval at any time prior to the
Zoning Hearing Board's decision on the special exception application;
or if such uses or facilities have obtained a zoning permit or building
permit from the Township at the time of landowner's special exception
application. In instances where an applicant has filed a special exception
application for a correctional facility or group institution at a
time when an application is pending for another correctional facility
or group institution within one mile of the proposed correctional
facility or group institution, then the filing date and time for the
applications shall control and the earlier-filed application shall
be considered "existing" for purposes of this section. The one-mile
separation shall be measured:
(a)
From the property line of the property upon which the correctional
facility or group institution is proposed and the property line of
the property on which any of the aforementioned use(s) and/or application
are located; or
(b)
Between the proposed correctional facility or group institution
and the nearest building or structure in which such aforementioned
use(s) and/or application exist; whichever is applicable and/or whichever
results in the greater separation distance.
(3)
No correctional facility or group institution shall be constructed
within 250 feet of a residence or residentially zoned property, nor
within 1,000 feet of a school, church, playground, park (inclusive
of the portion of the property at tax parcel number 43-5344-05-09-4012
on which the Ida B. Mascaro Park has been planned), camp, community
center, child-care facility or other area where minor children assemble
or congregate. This setback shall be measured, on the one hand, from
the location of the building, structure, or other component of a correctional
facility or group institution that will house persons, or any administrative
offices thereof, and, on the other hand, the property line of the
property on which is situated the aforementioned uses (i.e., the property
lines of the residence, residentially zoned property, school, church,
playground, park, camp, community center, child-care facility or other
area where minor children assemble or congregate).
(4)
All correctional facility or group institution buildings, structures,
or other component thereof shall be set back from the property line
of the property a minimum of 50 feet.
(5)
One off-street parking space shall be provided per employee,
computed on the basis of the estimated maximum number of employees
that could be present at any given time, plus one space for every
2.5 persons residing within the correctional facility or group institution.
(6)
The Zoning Hearing Board shall attach to any approval conditions
ensuring appropriate security measures, including, but not limited
to, fencing or other barriers, cameras, lighting, guards, sign-in
and sign-out sheets, curfews for residents, patrolling of the property,
the use of guard dogs, sirens and direct alarms with the Police Department.
(7)
The applicant shall provide notice of any incidents at the correctional
facility involving escapes, attempted escapes, physical altercations
resulting in hospitalization, or improper releases of inmates or juvenile
residents, to all Township residents and landowners seeking to receive
the same, such as through AlertPA or a similar, Township-approved,
notification system. Such notices shall be issued within 24 hours
of the correctional facility becoming aware of the same.
(8)
The design, construction and operations of the correctional
facility shall be supported by expert study as to every aspect of
the facility. The implementation of the conclusions of those studies
shall be subject to the review and approval of the Township through
the special exception process.
(9)
The applicant shall provide documentation to the Township Code
Enforcement Officer, Sewage Enforcement Officer and Zoning Officer
that the correctional facility or group institution complies with
all sewer, water, building, fire, plumbing, heating, electrical and
similar facilities, and that the same meets the applicable standards
established by the Exeter Township Code and by the Commonwealth of
Pennsylvania.
(10)
The applicant shall provide documentation to the Code Enforcement
Officer and Zoning Officer that the correctional facility or group
institution has been licensed by the appropriate federal and/or Pennsylvania
agencies ("the agencies") and shall meet all current regulations of
the agencies, including those standards governing indoor space and
applicable state and local building and fire safety codes. The applicant
shall maintain a current and valid license from the agencies, as applicable.
(11)
The applicant shall provide evidence that a manager or supervisor
of the agency or operator of the correctional facility or group institution
shall be available 24 hours per day, seven days per week. Likewise,
immediate, emergency contact with the agency or operator of the correctional
facility or group institution shall be available to the authorized
representatives of the Township.
(12)
The applicant shall further provide evidence to establish that
its proposed correctional facility or group institution, its facilities
and its operation will neither cause a threat to the public health,
safety or welfare, nor constitute a threat to the safety of the nearby
residents or properties. The applicant shall, as a condition of any
special exception approval for a correctional facility, be required
to supply the Township Chief of Police, within three days of the admission,
transfer or release of any individual inmate into or from the correctional
facility, with the name, physical description, sentence and list of
offenses for which the inmate has been convicted. This requirement
shall not apply to inmates or juvenile residents adjudicated of violent
offenses that are not expected to be housed within the correctional
facility for fewer than five days. With respect to correctional facilities
that provide housing for juveniles adjudicated of violent offenses,
the applicant shall provide the Township Chief of Police, within three
days of admission, transfer or release of any juvenile into or from
such correctional facility, with a list of the offenses for which
the juvenile has been adjudicated, noting that the aforesaid list
of offenses shall not include personal or identifying information
and shall comply with all applicable privacy laws. The applicant shall
further be required, as a condition of any special exception approval
for said use, to maintain a photograph of each current inmate or juvenile
resident of a correctional facility, which may be supplied to the
Chief of Police in the event of an emergency or other incident requiring
police intervention.
(13)
The applicant must develop an emergency management plan, subject
to the annual review and approval of the Township, in the event of
a catastrophic event resulting from flooding, fire, snow, ice, earthquake,
utility outage or other catastrophic event. The emergency management
plan should be submitted to the Township Police Chief, Zoning Officer
and Emergency Management Coordinator for review and consideration
prior to the issuance of the use and occupancy permit and biannually
(every other year) on or before January 31 of such year.
D.
As part of the special exception application, the Zoning Hearing
Board may impose conditions as deemed necessary or appropriate.
[Added 2-25-2019 by Ord.
No. 823]
A.
A medical marijuana grower/processor facility which grows medical
marijuana must be owned and operated by a grower/processor legally
registered in the Commonwealth and possess a current valid medical
marijuana permit from the DOH.
B.
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
C.
The floor area of a medical marijuana grower/processor facility shall
include sufficient space for production, secure storage of marijuana
seed, related finished product cultivation, and marijuana related
materials and equipment used in production and cultivation or for
required laboratory testing.
D.
There shall be no emission of dust, fumes, vapors, odors, or waste
into the environment from any facility where medical marijuana growing,
processing or testing occurs.
E.
Marijuana remnants and byproducts shall be secured and properly disposed
of in accordance with the DOH policy and shall not be placed within
any unsecure exterior refuse containers.
F.
The grower/processor shall provide only wholesale products to other
medical marijuana facilities. Retail sales and dispensing of medical
marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
G.
All external lighting serving a medical marijuana grower/processor facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties, and must also be in accordance with Chapter 235 of the Code of the Township of Exeter, "Lighting, Outdoor."
H.
Parking requirements will follow the parking schedule found in Chapter 390, Section 37 of the Exeter Township Zoning Ordinance, "Off-Street Parking."
J.
K.
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
[Added 2-25-2019 by Ord.
No. 823]
C.
All external lighting serving a medical marijuana delivery vehicle office must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties, and must also be in accordance with Chapter 235 of the Code of the Township of Exeter, "Lighting, Outdoor."
E.
F.
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana delivery vehicle office facility, the
facility must be secured to the same level as a medical marijuana
grower/producer facility and dispensary.
G.
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
[Added 2-25-2019 by Ord.
No. 823]
A.
A medical marijuana dispensary must be legally registered in the
Commonwealth and possess a current valid medical marijuana permit
from the DOH.
B.
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
C.
A medical marijuana dispensary may not operate on the same site as
a facility used for growing and processing medical marijuana.
D.
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
E.
Permitted hours of operation of a dispensary shall be 8:00 a.m. to
8:00 p.m. (of the same calendar day).
F.
A medical marijuana dispensary shall be a maximum of 3,000 gross
square feet, of which no more than 500 square feet shall be used for
secure storage of product, and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area.
H.
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
I.
A medical marijuana dispensary may not be located within 1,000 feet
of the property line of a public, private or parochial school or a
day-care center. This distance shall be measured in a straight line
from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of municipality
in which it is located.
J.
A medical marijuana dispensary shall be a minimum distance of 1,000
feet from the next nearest medical marijuana facility. This does not
include complementing or supporting businesses covered by different
definitions. This distance shall be measured in a straight line from
the closest exterior walls of the buildings or portions thereof in
which the businesses are conducted or proposed to be conducted, regardless
of municipality in which it is located. This separation distance does
not apply to the distance between the grower/processor or academic
clinical research centers and the specific dispensary they serve,
or with which they partner.
K.
Any medical marijuana dispensary lawfully operating shall not be
rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
L.
All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties, and must also be in accordance with Chapter 235 of the Code of the Township of Exeter, "Lighting, Outdoor."
O.
P.
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
[Added 7-13-2020 by Ord.
No. 833]
A.
Purpose.
(1)
The purpose of this section is to establish general guidelines
for the siting and operation of wireless communications facilities.
The goals of this section are to:
(a)
Protect residential areas and land uses from potential adverse
impacts of wireless communications facilities;
(b)
Encourage the location of tower-based wireless communications
facilities in nonresidential areas;
(c)
Minimize the total number of tower-based wireless communications
facilities throughout the community;
(d)
Strongly encourage collocation on existing tower sites as a
primary option rather than the construction of additional single-use
towers;
(e)
Encourage users of towers and antennas to locate them, to the
extent possible, in areas where the adverse impact to the community
is minimal;
(f)
Encourage developers and owners of wireless communications facilities
to configure them in a way that minimizes the adverse visual impact
of WCFs through careful design, siting, landscape screening, and innovative
camouflaging techniques;
(g)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
(h)
Consider the public safety effects of WCFs; and
(i)
Minimize potential damage to adjacent properties from tower
failure through engineering and careful siting of wireless communications
facilities.
(2)
In furtherance of these goals, the Township of Exeter shall
give due consideration to Township of Exeter's Comprehensive Plan,
Zoning Map, existing land uses, and environmentally sensitive areas
in approving sites for the location of wireless communications facilities.
B.
ANTENNA
BACKHAUL NETWORK
BASE STATION
(1)
(2)
(3)
(4)
COLLOCATION or COLLOCATED
DEPLOYMENT or DEPLOY
DISTRIBUTED ANTENNA SYSTEMS (DAS)
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
FAA
FCC
HEIGHT OF A TOWER-BASED WCF
MONOPOLE
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
PRE-EXISTING TOWERS and PRE-EXISTING ANTENNAS
RELATED EQUIPMENT
RIGHT-OF-WAY (ROW)
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
(1)
(a)
[1]
[2]
[3]
(b)
(c)
(d)
(e)
(f)
(2)
STEALTH TECHNOLOGY
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
(1)
(a)
(2)
(3)
(4)
(5)
(6)
TOWER
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
WBCA
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this chapter, the following terms shall have
the meanings set forth below:
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services
The lines that connect a provider's towers/cell sites to
one or more cellular telephone, switching offices, and/or long distance
providers, or the public switched telephone network.
A wireless support structure or wireless communications facility
at a fixed location that enables FCC-licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower-based WCF as defined herein or
any equipment associated with a tower-based WCF.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower-based WCF that, at the time the relevant application is filed with the Township, supports or houses equipment described in Subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another Township regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting of one or more WCFs, including antennas, on
a pre-existing structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
The placement, construction, or modification of a WCF.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
Any request for modification of an existing wireless support
structure that does not substantially change the physical dimensions
of the wireless support structure and that involves A) collocation
of a new antenna, WCF, or related equipment; B) removal of an antenna,
WCF, or related equipment; or C) replacement of an antenna, WCF, or
related equipment.
Any base station, tower-based WCF, or wireless support structure
that has been previously approved to support a WCF, provided that
it is existing at the time the relevant application is filed with
the state or local government under this section.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based wireless communications
facility, including the tower and any antennas mounted on the tower
and any other appurtenances.
A wireless support structure that consists of a single pole
structure, designed and erected on the ground or on top of a structure,
to support communications antennas and connecting appurtenances.
Wireless communications facilities collocated on existing
structures, such as, but not limited to, existing towers, buildings,
water towers, electrical transmission towers, utility poles, light
poles, traffic signal poles, flag poles, and other similar structures
that do not require the installation of a new support structure solely
for the purpose of supporting the non-tower WCF.
Any tower or antenna for which a building permit or zoning
permit has been properly issued prior to the effective date of this
chapter, including permitted towers or antennas that have not yet
been constructed, so long as such approval is current and not expired.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a wireless communications facility, including,
but not limited to, generators, equipment shelters, equipment cabinets,
ice bridges, and fuel sources.
The surface of and space above and below any real property
in which the federal, state or Township government has a regulatory
interest, or interest as a trustee for the public, as such interests
now or hereafter exist, including, but not limited to, all streets,
highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges,
skyways, and any unrestricted public or utility easements established,
dedicated, platted, improved, or devoted for utility purposes. The
phrase "in the ROW(s)" means in, on, over, along, above, and/or under
the right-of-way.
Wireless communications facilities meeting the definition of
"small wireless facilities" in 47 CFR § 1.6002(1):
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas as defined in 47 CFR § 1.1320(d); or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment [as defined in the definition of "antenna" in 47
CFR § 1.1320(d)], is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Small WCFs must meet all building height requirements of the
underlying zoning district and the requirements for small WCFs described
in this chapter, unless preempted by state or federal law.
Camouflaging methods applied to wireless communications facilities,
antennas, and other facilities that render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted WCFs, WCFs painted to match the existing structure,
and facilities constructed to resemble trees, shrubs, and light poles.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers and eligible support structures outside the public
ROWs, it increases the height of the tower or eligible support structure
by more than 10% or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater; for other eligible support structures,
it increases the height of the structure by more than 10% or more
than 10 feet, whichever is greater.
Changes in height should be measured from the original wireless
support structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Spectrum
Act.
For towers outside the public ROWs, it involves adding an appurtenance
to the body of the tower that would protrude from the edge of the
tower more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other
eligible support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the edge of the
structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public ROWs and base stations, it involves installation of
any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
47 CFR 1.6100(b)(7)(i) through (iv).
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio, or similar communications purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
the structure and any support thereto. The term does not include any
structure designed and constructed primarily to support one or more
small WCFs.
A wireless communication facility requiring the construction
of a tower for support, including, but not limited to, self-supporting
lattice towers, guyed towers, and monopoles. The term "tower-based
wireless communications facility" shall include the tower, antenna,
and all related equipment. The term "tower-based wireless communications
facility" shall not include WCFs that qualify as small WCFs.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, transmission lines, control boxes, poles,
conduits, ducts, pedestals, electronics, and other equipment used
for the purpose of transmitting, receiving, distributing, providing,
or accommodating wireless communications services. DAS antenna sites
are wireless communications facilities.
A pole, tower, base station, or other structure, whether
or not it supports an existing WCF, that is used or to be used for
the provision of wireless service (whether on its own or comingled
with other types of services).
C.
Applicability.
(1)
All new antennas, DAS, non-tower WCFs, tower-based WCFs, towers,
and wireless support structures in the Township of Exeter shall be
subject to these regulations.
(2)
Pre-existing antennas, DAS, non-tower WCFs, tower-based WCFs, towers, and wireless support structures shall not be subject to these regulations, other than the requirements of § 390-71.8D(6) and (7). All pre-existing antennas, DAS, non-tower WCFs, tower-based WCFs, towers, and wireless support structures that do not meet the requirements of this section, as amended, shall be considered pre-existing, nonconforming uses, and/or structures, as applicable. Any modification, repair, or replacement of a pre-existing antenna, DAS, non-tower WCF, tower-based WCF, tower or wireless support structure must comply with these regulations.
(3)
The following uses are not governed by the provisions of this section, but are governed by other sections of Chapter 390 and all other applicable ordinances, regulations, and statutes: antennas used for amateur radio communications ("ham radio antennas"); structures erected solely to mount ham radio antennas; and satellite dishes less than 40 inches in diameter and used solely for personal, residential use.
D.
General requirements for all WCFs.
(1)
Principal or accessory use. WCFs may be considered either principal
or accessory uses.
(2)
Lot size. For purposes of determining whether the installation
of a WCF complies with district development regulations, including,
but not limited to, setback requirements, lot coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the WCF may be located on leased parcels within
such lot.
(3)
Inventory of existing sites. Each applicant seeking to erect
a tower shall provide to the Zoning Officer an inventory of its existing
towers that are either within the jurisdiction of the Township of
Exeter or within one mile of the border thereof, including specific
information about the location, height, and design of each existing
tower. The Zoning Officer may share such information with other applicants
applying for approvals or permits under this chapter or other organizations
seeking to locate WCFs within the jurisdiction of the Township of
Exeter; provided, however, that the Zoning Officer is not, by sharing
such information, disclosing any confidential information or in any
way representing or warranting that such sites are available or suitable.
(4)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA, the Township of Exeter, or other applicable authority.
If lighting is required, the lighting alternatives and design chosen
will be specified by the Township of Exeter and conform to FAA regulations
and other chapters of the Township Code.
(5)
Eligible facilities request. WCF applicants proposing an eligible
facilities request or the collocation of a small WCF that falls under
the WBCA shall be required only to obtain a building permit from the
Township Zoning Officer, and shall not be required to meet the height
limitations or bulk and area requirements of the underlying zoning
district. In order to be considered for such permit, the WCF Applicant
must submit a permit application to the Township in accordance with
applicable permit policies and procedures, subject to the applicable
requirements of federal law and the WBCA.
(6)
Wind. All WCF structures shall be designed to withstand the
effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA/TIA-222-G, as amended).
(7)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a WCF. A current schedule
of applicable fees is available on the Township's website and in the
Township's offices.
(8)
Aviation safety. WCFs shall comply with all federal and state
laws and regulations concerning aviation safety.
(9)
Public safety communications. WCF shall not interfere with public
safety communications or the reception of broadband, television, radio,
or other communication services enjoyed by occupants of nearby properties.
(10)
Radio frequency emissions. A WCF shall not, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. Applicants
for WCFs must demonstrate that the proposed WCFs meet this requirement.
(11)
State or federal requirements. All WCFs, towers, and wireless
support structures must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the state or federal
government with the authority to regulate WCFs or wireless support
structures. If changes to such state or federal standards or regulations
mandate modifications of the then-existing WCFs, towers, or wireless
support structures, then the owners and/or operators of the WCFs and
wireless support structures governed by this chapter shall bring such
WCFs and wireless support structures into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring WCFs, towers, and wireless support structures into compliance
with such revised standards and regulations shall constitute grounds
for the removal of the WCF, tower, and/or wireless support structure
at the owner's expense.
(12)
Building codes/safety standards. To ensure the structural integrity
of towers and wireless support structures, the owner a tower or wireless
support structure shall ensure that it is maintained in compliance
with standards contained in applicable state or local building codes
and the applicable standards for towers and/or wireless support structures
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Township of Exeter concludes
that a tower or wireless support structure fails to comply with such
codes and standards and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower or wireless
support structure, the owner shall have 30 days to bring such tower
or wireless support structure into compliance with such standards.
Failure to bring such tower or wireless support structure into compliance
within said 30 days shall constitute grounds for the removal of the
tower or wireless support structure at the owner's expense.
(13)
Measurement. For purposes of measurement, tower and wireless
support structure setbacks and separation distances shall be calculated
and applied to facilities located in the Township of Exeter irrespective
of municipal and county jurisdiction boundaries.
(14)
Not essential services. To the extent not preempted by state
or federal law, WCFs and wireless support structures shall be regulated
and permitted pursuant to this chapter and shall not be regulated
or permitted as essential services, public utilities, or private utilities.
(15)
Public notice. For purposes of this section, any applicant proposing
the installation of a WCF requiring a conditional use or variance
request shall be required to issue public notice, as defined by the
Municipalities Planning Code, and individual notice, as defined in
this chapter, to all abutting property owners and all owners of parcels
that are located within a five-hundred-foot radius from the proposed
WCF, in addition to any notice otherwise required by law.
(16)
Indemnification. The owner and operator of a WCF shall, at the
owner and operator's sole cost and expense, enter into an agreement
to indemnify, defend, and hold harmless the Township, its elected
and appointed officials, employees, and agents, at all times against
any and all claims for personal injury, including death, and property
damage arising in whole or in part from, caused by, or connected with
any act or omission of the owner or operator and their respective
officers, agents, employees, or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance,
or removal of the WCF. The owner and operator shall defend any actions
or proceedings against the Township in which it is claimed that personal
injury, including death, or property damage was caused by the construction,
installation, operation, maintenance, or removal of a WCF. The obligation
to indemnify, hold harmless, and defend shall include, but not be
limited to, the obligation to pay judgments, injuries, liabilities,
damages, reasonable attorneys' fees, expert fees, court costs, and
all other costs of indemnification.
(17)
Signs. All WCFs shall post a sign in a readily visible location
identifying the name and phone number of a party to contact in the
event of an emergency. The only other signage permitted on the WCF
or at the WCF site shall be those required by the FCC, or any other
federal or state agency.
(18)
Wireless support structures and related equipment. Wireless support structures and related equipment shall comply with the requirements of § 390-71.8K.
(19)
Multiple antenna/tower/WCF plan. The Township of Exeter encourages
the users of antennas, towers, and WCFs to submit a single application
for approval of multiple antenna, tower, and/or WCF sites. Applications
for approval of multiple sites shall be given priority in the review
process.
(20)
Timing of municipal action.
(a)
Applications for all permits required by this section and any
other applicable Township Code section shall be reviewed within the
following timeframes, unless 1) the applicant and Township agree to
a different time period or 2) circumstances make compliance with the
following time periods objectively unreasonable:
[1]
To collocate a small WCF on an existing wireless
support structure: 60 days.
[2]
To collocate a non-tower WCF that is not a small
WCF on an existing wireless support structure: 90 days.
[3]
To deploy a small WCF on a new wireless support
structure: 90 days.
[4]
To deploy a tower-based WCF on a new tower: 150
days.
(b)
Batching of applications for small WCFs. The time periods detailed
in this section apply even if a single application seeks authorization
to deploy multiple small WCFs, provided that the application seeks
authorization for only one type of deployment, e.g., the collocation
of small WCFs on existing wireless support structures, or the deployment
of small WCFs on new wireless support structures. In the event that
a single application seeks authorization for a mix between those deployments
described in §§ 390-71.8(D)(20)(a)[1] and [3], the
time period for review for the application shall be 90 days, unless
such a time period is unreasonable.
(c)
Tolling periods.
[1]
If the Township determines that an application
to deploy small WCFs is materially incomplete, the Township shall
notify the applicant of the deficiencies, with citations to the rule
or regulation that requires submission of the missing information
or documentation, within 10 days of receipt of the application. The
shot clock for review of the application restarts at zero on the date
on which the applicant submits the information or documents identified
by the Township in the notice of deficiency.
[2]
For all other initial applications, the tolling
period is the number of days from the day after the date the Township
notifies the applicant in writing of the material deficiencies, with
citations to the rule or regulation that requires submission of the
missing information or documentation, until the date when the applicant
submits the missing information or documents identified in the written
notice of deficiency. This tolling period shall not apply unless the
Township notifies the applicant of the material deficiencies on or
before the 30th day after the date that the application was submitted.
[3]
For resubmitted applications following a notice
of deficiency, the tolling period is the number of days from the day
after the date the Township notifies the applicant in writing that
the applicant's supplemental submission failed to render the application
complete until the date when the applicant submits all of the information
and documentation identified by the Township, provided that the Township
notifies the applicant that the application remains deficient on or
before the 10th day after the date when the applicant makes the supplemental
submission.
E.
Non-tower wireless communications facilities.
(1)
The following regulations shall apply to all non-tower WCFs:
(a)
Permitted in all zoning districts subject to regulations. Non-tower
WCFs may be collocated, modified, or replaced on wireless support
structures in all zoning districts, provided the collocation, modification,
or replacement does not result in a substantial change to the wireless
support structure, subject to the restrictions and conditions prescribed
below, applicable law, and permitting by the Township.
(b)
Conditional use authorization in all zoning districts. The collocation,
modification, or replacement of a non-tower WCF that substantially
changes an existing wireless support structure or expands an equipment
compound shall be permitted only upon conditional use approval of
the Board of Supervisors.
(c)
Placement in ROWs. Non-tower WCFs are not permitted in the ROWs in the zoning districts identified in Article IV of this chapter, Conservation and Residential Zoning Districts. Non-tower WCFs may be collocated in the ROWs in the zoning districts identified in Article V of this chapter, Commercial and Industrial Zoning Districts, upon conditional use approval.
(d)
Height limitations. Except as described in § 390-71.8D(5), and to the extent not preempted by state or federal law, the deployment of a non-tower WCF shall require compliance with the height limitations and bulk and area requirements of the underlying zoning district.
(e)
Prohibited on certain structures. Non-tower WCFs shall not be
located on single-family detached residences, single-family attached
residences, or any residential accessory structure.
(f)
Historic resources. Non-tower WCFs shall not be located on a
property, building, or structure that is a) listed on the National
or Pennsylvania Registers of Historic Places, or is eligible to be
so listed, or b) listed on any official inventory of historic resources
maintained by the Township, unless the owner is entitled to such installation
by federal rules and regulations.
(g)
Insurance. The owner and operator of a non-tower WCF shall provide
the Township with a certificate of insurance that includes the Township
as an additional insured, and that evidences general liability coverage
in the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
the non-tower WCFs.
(h)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
Non-tower WCFs shall be fully automated and unattended
on a daily basis, and shall be visited only for maintenance or emergency
repair.
[2]
Maintenance shall be performed to ensure the upkeep
of the facility in order to promote the safety and security.
[3]
Maintenance activities shall utilize the best available
technology for preventing failures and accidents.
(i)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any non-tower WCF for numerous factors, which include
but are not limited to visual impact, design, and safety standards.
(j)
Engineer seal and signature. All plans and drawings for a non-tower
WCF shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(2)
The following additional regulations shall apply to non-tower
WCFs located outside of ROWs:
(a)
Development regulations. Non-tower WCFs shall be collocated
on wireless support structures, and shall be subject to the following
conditions:
[1]
The applicant for a non-tower WCF must submit documentation
that justifies the total height of the proposed non-tower WCF as mounted
on the wireless support structure.
[2]
If related equipment is proposed to be located
in a separate building or structure, the building or structure shall
comply with all applicable area and bulk requirements set forth in
the underlying zoning district.
[3]
An opaque security fence, not chain-link, and at
least eight feet in height shall surround any related equipment housed
in a separate building or structure, and landscaping shall be installed
around the fencing, to provide four-season screening from all abutting
properties. Vehicular access to the non-tower WCFs and related equipment
shall not interfere with the parking or vehicular circulation of the
site's principal use.
(b)
Design regulations. Non-tower WCFs, to the extent technically
feasible, shall employ stealth technology and shall be treated to
match the wireless support structure to which they are attached, in
order to minimize aesthetic impact. Aesthetic standards specific to
the different types of non-tower WCFs are available on the Township's
website and in the Township's offices. Satellite dishes and antennas
used for the purpose of receiving television, phone, and/or internet
connections at a private residence or business only shall be exempt
from the design regulations enumerated herein.
(c)
Removal, replacement, and modification. The removal, replacement, and modification of non-tower WCFs and/or related equipment, for the purpose of upgrading or repairing the non-tower WCF and/or related equipment, shall be permitted, provided that a) such repair or upgrade does not substantially change the non-tower WCF or the number of antennas, b) the change in the equipment does not affect the non-tower WCF's compliance with Section 390-71.8K, and c) any required permits are obtained from the Township.
(d)
Inspection. The Township reserves the right to inspect non-tower
WCFs to ensure compliance with the provisions noted herein, and with
any other provision in Township Code or federal or state law. The
Township and/or its agents shall have the authority to enter the property
upon which a non-tower WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(3)
The following additional regulations apply to non-tower WCFs
in ROWs:
(a)
Collocation. Non-tower WCFs that are not small WCFs shall be
collocated on existing wireless support structures or replacement
wireless support structures that are constructed to support WCFs and
perform the function of an existing wireless support structure. Such
collocation or deployment on a replacement wireless support structure
is only permitted in the Commercial and Industrial Zoning Districts
upon conditional use approval. The replacement wireless support structure
must be decommissioned and removed following the completion of construction.
The replacement wireless support structures must be located as close
as feasible to the to-be-removed wireless support structure and must
comply with all other regulations applicable to the type of wireless
support structure that was replaced.
(b)
Design requirements. Non-tower WCFs shall meet the following
design conditions:
[1]
All related equipment components located above
the surface grade shall be no greater than three feet in height.
[2]
All related equipment employed shall be the smallest
and least visibly intrusive equipment feasible.
[3]
Antennas and all related equipment shall be treated
to match the supporting structure, and non-tower WCFs and related
equipment shall be painted, or otherwise coated, to be visually compatible
with the wireless support structure on which they are mounted.
(c)
Time, place, and manner. The Township shall determine the time,
place, and manner of construction, maintenance, repair, and/or removal
of all non-tower WCFs in ROWs, based on public safety, traffic management,
physical burden on the right-of-way, and related considerations, in
the sole discretion of the Township.
(d)
Equipment location. Non-tower WCFs and related 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 ROWs, as determined by the Township, in its sole discretion.
In addition:
[1]
Ground-mounted equipment, walls, or landscaping
shall not be located within 18 inches of the face of the curb, or
within that part of an easement extending onto a privately owned lot,
without the private landowner's permission as memorialized in a recorded
easement.
[2]
Ground-mounted equipment that cannot be installed
underground shall be screened, to the fullest extent possible, through
the use of landscaping or other decorative features, to the satisfaction
of the Township.
[3]
Graffiti on a wireless support structure, non-tower
WCF, or related equipment shall be removed at the sole expense of
the owner within 10 business days of the date of notice from the Township
of the existence of the graffiti.
[4]
All underground vaults shall be reviewed and approved
by the Township.
[5]
Replacement wireless support structures shall not
be located in front of any building entrance or exit.
(4)
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 non-tower WCF in the right-of-way shall,
at his or her own expense, temporarily or permanently remove, relocate,
change, or alter the position of any non-tower WCF when the Township
determines that such removal, relocation, change, or alteration is
reasonably necessary to construct, repair, maintain, or install a
Township or other public improvement in the right-of-way; conduct
operations of the Township; to conduct the operations of another government
entity, in the right-of-way; vacate a roadway; establish or release
a utility or other easement; or address an emergency as determined
by the Township.
F.
Tower-based wireless communications facilities.
(1)
The following regulations shall apply to all tower-based wireless
communications facilities (tower-based WCFs):
(a)
Conditional use approval. Towers are permitted only in the FI-Flex
Industrial, LI-Light Industrial, and GI-General Industrial zoning
districts by conditional use approval of the Board of Supervisors.
(b)
In addition to proving compliance with all other applicable requirements in this section and § 390-90, to receive conditional use approval, the applicant shall:
[1]
Demonstrate the proposed height of the tower is
the minimum height required to operate the tower-based WCF. No applicant
shall have the right under these regulations to erect a tower to the
maximum height specified in this section unless it proves the necessity
for such height. The applicant shall demonstrate the tower is proposed
at the minimum height necessary for the service area.
[2]
Demonstrate that the applicant cannot adequately
extend or infill its communications system by the use of antennas
and/or non-tower WCFs.
[3]
Demonstrate the proposed tower complies with all
state and federal laws and regulations concerning aviation safety.
[4]
Provide a written commitment that it will allow
other service providers to collocate on the tower where this is technically
and economically feasible.
[5]
For a tower that is located on a property with
another principal use, provide documentation that the property owner
has granted an easement or lease for the proposed tower, and that
vehicular access will be provided to the facility by way of easement
from a public road to the tower.
(c)
Engineer inspection, seal, and signature. Prior to the issuance
of a permit authorizing construction and erection of a tower-based
WCF, a structural engineer licensed in Pennsylvania shall issue to
the Township a written certification of the tower's ability to meet
the structural standards offered by either the Electronic Industries
Association or the Telecommunication Industry Association. All plans
and drawings for a tower and/or tower-based WCF shall contain a seal
and signature of a professional structural engineer, licensed in the
Commonwealth of Pennsylvania.
(d)
Visual appearance. Towers and tower-based WCFs shall employ
stealth technology to minimize aesthetic impact. All wireless communications
equipment buildings and other accessory facilities shall be aesthetically
and architecturally compatible with the surrounding environment and
shall maximize the use of a like facade to blend with the existing
surroundings and neighboring buildings to the greatest extent possible.
[1]
The Township may require that equipment cabinets
and related equipment that houses electrical transmitters and like
components be placed underground, unless determined to be detrimental
to the functioning and physical integrity of such equipment.
[2]
The Township may consider whether stealth technology
for the proposed tower and/or tower-based WCF promotes the harmonious
and orderly development of the zoning district involved; encourages
compatibility with the character and type of development existing
in the area; benefits neighboring properties by preventing a negative
impact on the aesthetic character of the community; preserves woodlands
and trees existing at the site to the greatest possible extent; and
encourages sound engineering and land development design and construction
principles, practices, and techniques.
(e)
Collocation and siting. An application for a tower-based WCF
on a new tower shall not be approved unless the antenna and related
equipment for the proposed tower-based WCF cannot be accommodated
on a pre-existing tower or wireless support structure. The applicant
shall demonstrate that he or she has contacted the owners of tall
structures, buildings, and towers within a one-quarter-mile radius
of the site proposed; sought permission to install a WCF on those
structures, buildings, and towers; and was denied for at least one
of the following reasons:
[1]
The proposed antennas and related equipment would
exceed the structural capacity of the existing building, structure,
or tower, and its reinforcement could not be accomplished at a reasonable
cost.
[2]
The proposed antennas and related equipment would
cause radio frequency interference with other existing equipment located
at that existing building, structure, or tower, and the interference
could not be prevented at a reasonable cost.
[3]
Such existing buildings, structures, or towers
do not have adequate location, space, access, or height to accommodate
the proposed equipment or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be
reached with the owner of such building, structure, or tower.
(f)
Permit required for modifications. To the extent permissible
under applicable state and federal law, and subject to the requirements
of this chapter, the modification or replacement of an existing tower-based
WCF, modification or replacement substantially changes the overall
height of a tower or expands the area of a tower compound, shall require
conditional use approval. Modification or replacement of an existing
tower-based WCF, which modification or replacement does not substantially
change the overall height of the tower or expand the area of the tower
compound, shall only require applicable zoning and building permits.
(g)
Height. Towers shall be designed at the minimum functional height
and shall comply with the height requirements of this chapter, which
requirements include the height of the highest-mounted tower-based
WCF:
(h)
Development regulations.
[1]
A tower-based WCF may be permitted as the sole
use on a lot. The minimum distance between the base of the tower and
any adjoining property line or right-of-way line shall equal not less
than the tower-based WCF's total height, including any tower-based
WCFs or antennas.
[2]
Towers shall be designed structurally, electrically,
and in all respects to accommodate the collocation of additional antennas.
[3]
Towers shall be equipped with a manufacturer-approved
anti-climbing device.
[4]
Existing vegetation, trees, and shrubs located
within 300 feet of the base of a tower shall be preserved to the maximum
extent possible.
[5]
Access road. An access road of at least 20 feet
in width, turnaround space, and parking shall be provided to ensure
adequate emergency and service access to a tower and its tower-based
WCFs. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the owner
and operator of the tower or the tower-based WCF shall present documentation
to the Township that the property owner has granted an easement for
the proposed facility.
[6]
Parking. If deemed necessary by the Township Board
of Supervisors, there shall be two off-street parking spaces for each
tower.
(i)
Related equipment building. Any building or other structure
housing related equipment shall comply with the required bulk and
area requirements of the applicable zoning district for an accessory
structure.
(j)
Maintenance. The following maintenance requirements shall apply:
[1]
Tower-based WCFs shall be fully automated and unattended
on a daily basis, and shall be visited only for maintenance or emergency
repair.
[2]
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]
Maintenance activities shall utilize the best available
technology for preventing failures and accidents.
(k)
Historic properties and conservancy lands. Tower-based WCFs
shall not be located on a property, building, or structure that is
a) listed on the National or Pennsylvania Registers of Historic Places,
or is eligible to be so listed; b) listed on any official inventory
of Historic Resources maintained by the Township, unless the owner
is entitled to such installation by federal rules and regulations;
or c) under a conservation easement.
(l)
Lighting. Towers and tower-based WCFs shall not be artificially
lighted, except as required by law. If lighting is required, the owner
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations, in accordance with lighting requirements
in other chapters of the Township Code of Ordinances.
(m)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, as measured at the lot lines, except
in emergency situations requiring the use of a backup generator, where
such noise standards may be exceeded on a temporary basis only.
(n)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(o)
Pre-existing nonconforming uses. Pre-existing nonconforming
towers and/or tower-based WCFs which are hereafter damaged or destroyed
due to any reason or cause may be repaired and restored at their former
location, but must comply with all applicable terms and conditions
of these regulations that are necessary to protect public health and
safety. Collocation on existing nonconforming towers is similarly
permitted upon conditional use approval, provided that all safety-oriented
requirements of this chapter are met.
(p)
FCC license. The owner or operator of a tower-based WCF shall
submit a copy of the owner or operator's current FCC license, including
the name, address, and emergency telephone number for the operator
of the facility.
(q)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any tower or tower-based WCF for numerous factors,
including but not limited to visual impact, design, and safety standards.
(r)
Insurance. The owner and operator of a tower and/or tower-based
WCF shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $5,000,000 per
occurrence and property damage coverage in the minimum amount of $5,000,000
per occurrence covering the tower and/or tower-based WCF.
(s)
Inspection by Township. The Township reserves the right to inspect
towers and tower-based WCFs to ensure compliance with the provisions
herein 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 or tower-based
WCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
(t)
Annual inspection report. A tower owner shall submit to the Township Engineer proof of an annual inspection of a tower by an independent professional engineer, as required by the ANSI/EIA/TIA-222-G Code. Based upon the results of such an inspection, the Board of Supervisors may require removal or repair of the tower or any WCF located on the tower. In the event the annual inspection referred to above is not submitted to the Township in a timely manner, the landowner, as well as the applicant or other licensed provider of wireless communications service, shall be subject to civil enforcement proceedings, in accordance with Article VIII of this chapter 390, and such other remedies as are provided by law, including but not limited to the cost to the Township to have the tower inspected.
(u)
Fall zone area. Each new tower shall have a fall zone area equivalent
to the height of said tower, which area shall be measured from the
base of the tower in a 360° radius equal to the height of the
same. The applicant shall demonstrate that it has control over the
fall zone area, e.g., ownership in fee simple, a leasehold, license,
or easement. No residential structures may be located within the fall
zone area of a tower.
G.
Small WCFs.
(1)
The following requirements apply only to small WCFs. To the extent that any provision in this § 390-71.8G conflicts with the requirements for non-tower WCFs described in § 390-71.8E, the provisions of § 390-71.8G shall prevail as to small WCFs.
(a)
Location and development standards.
[1]
Collocated small WCFs and small WCFs requiring the installation of a new wireless support structure are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this § 390-71.8G and all applicable requirements of the Exeter Township Code of Ordinances.
[2]
Small WCFs in the public ROW requiring the installation
of a new wireless support structure shall not be located in front
of any front facade area, as defined in Small Wireless Communications
Facility Design Manual, Section 390-71.8a.[1]
[1]
Editor's Note: The Design Manual is included as an attachment to this chapter.
[3]
All small WCFs shall comply with the applicable
requirements of the Americans with Disabilities Act and all Township
Code requirements applicable to streets and sidewalks.
(b)
Nonconforming wireless support structures. Small WCFs shall be permitted to collocate upon nonconforming wireless support structures, provided that the entire deployment meets the other requirements of this § 390-71.8G. Collocation of WCF upon existing wireless support structures is encouraged even if the wireless support structures is nonconforming as to use within a zoning district.
(c)
Standard of care. Small WCFs shall be designed, constructed,
operated, maintained, repaired, modified, and removed in strict compliance
with all current applicable technical, safety, and safety-related
codes, including but not limited to the most recent editions of the
American National Standards Institute (ANSI) Code, National Electrical
Safety Code, National Electrical Code, or to the industry standard
applicable to the structure. WCFs 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 damage any property in the Township.
(d)
Historic buildings. No small WCF may be located within 50 feet
of or on a building or structure that is listed on either the National
or Pennsylvania Registers of Historic Places, or eligible to be so
listed, or is included in the official historic structures list maintained
by the Township.
(e)
Wind and ice. Small WCFs shall be designed to withstand the
effects of wind gusts and ice to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
(f)
Aviation safety. Small WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(g)
Public safety communications. Small WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(h)
Radio frequency emissions. A small WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(i)
Time, place, and manner. The Township shall determine the time,
place, and manner of construction, maintenance, repair, and/or removal
of all small WCF in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations.
(j)
Related equipment. Small WCF and related equipment shall be
located so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW as
determined by the Township.
(k)
Graffiti. Graffiti on any wireless support structure or on any
related equipment shall be removed at the sole expense of the owner
within 30 days of notification by the Township.
(l)
Engineer seal and signature. All plans and drawings for a small
WCF shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(m)
Design standards. Small WCFs in the Township shall comply with
the requirements of the Township Small Wireless Communications Facility
Design Manual, Section 390-71.8a.[2] A copy of such shall be kept on file at the Township Engineering
Office.
[2]
Editor's Note: The Design Manual is included as an attachment to this chapter.
(n)
Relocation or removal of facilities. Within 90 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small WCF in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any WCF when the Township, consistent with its
police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change, or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance, or installation
of any Township or other public improvement in the ROW;
[2]
The operations of the Township or other governmental
entity in the ROW;
[3]
Vacation of a street or road or the release of
a utility easement; or
[4]
An emergency as determined by the Township.
(o)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a small WCF, as set
forth by resolution of the Township. Such fees shall comply with the
applicable requirements of the Federal Communications Commission.
(p)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Township's actual ROW management costs including, but
not limited to, the costs of the administration and performance of
all reviewing, inspecting, permitting, supervising and other ROW management
activities by the Township. The owner of each small WCF shall pay
an annual fee to the Township to compensate the Township for the Township's
costs incurred in connection with the activities described above.
Such fees shall comply with the applicable requirements of the Federal
Communications Commission.
H.
Permitted use on Township property. Towers, tower-based WCFs, small WCFs, and non-tower WCFs located on property owned in fee or leased by the Township of Exeter are permitted in all zoning districts by conditional use, provided that a license or a lease authorizing such tower, tower-based WCF, or non-tower WCF has been approved by the Township of Exeter. The Township of Exeter shall abide by all deed restrictions and state law when determining whether to lease or license property owned or leased by the Township of Exeter. Tenants and licensees on Township property shall be required to meet all requirements of this chapter and all other applicable laws and ordinances. Nothing in this § 390-71.8H shall limit the Township of Exeter's rights under § 390-4.
I.
Zoning permits.
(1)
General. The following provisions shall govern the issuance
of zoning permits for uses governed by this chapter that do not require
conditional use approval:
(a)
Each applicant for a zoning permit shall apply to the Zoning Officer on the Township-issued form, providing the information set forth in § 390-71.8J of this chapter, to the extent applicable; information specific to the type of proposed deployment; and a nonrefundable fee as established by resolution of the Board of Supervisors to reimburse the Township of Exeter for the costs of reviewing the application.
(b)
The Zoning Officer shall review the application and determine if the proposed use complies with § 390-71.8J(2)(d) and (e) of this section and all other requirements in this chapter.
(c)
The Zoning Officer shall respond to each such application within
the applicable time period by either approving or denying the application.
If the Zoning Officer fails to respond to the applicant within the
applicable time period, then the application shall be deemed approved,
but only to the extent required by state or federal law. The Zoning
Officer shall identify the reasons for any denial in writing by citing
to the requirements the application failed to meet and the zoning
relief needed to secure a zoning permit.
(d)
If an application for a zoning permit is denied, the applicant shall file an application for a conditional use permit pursuant to § 390-71.8J and/or an application for any variances required. The shot clock time periods described in this chapter apply to the initial application, either for a zoning permit or for a conditional use or variance.
(e)
Each applicant for a zoning permit shall provide a rendering
of the existing site of the proposed WCF and the proposed changes
to the existing site after construction of the WCF.
(2)
List of administratively approved uses. The Zoning Officer may
approve the following uses and issue a zoning permit after conducting
an administrative review:
(a)
Any antenna or non-tower WCF which is attached to a wireless
support structure may be approved by the Zoning Officer as an accessory
use to any commercial, industrial, professional, institutional, or
multifamily structure of eight or more dwelling units, provided:
(b)
An existing tower may be modified or rebuilt to taller height
to accommodate the collocation of additional antennas, subject to
the maximum height requirements of the underlying zoning districts,
other height requirements of this chapter, and in accordance with
state and federal law, and as long as the increase in height is less
than 10%, or the height of one additional antenna array with separation
from the nearest existing antenna not to exceed 20 feet, whichever
is greater.
[1]
The height change referred to in § 390-71.8I(2)(b) may only occur one time per tower.
[2]
The additional height referred to in § 390-71.8I(2)(b) shall not require an additional distance separation as set forth in § 390-71.8J. The tower's pre-modification height shall be used to calculate such distance separations.
[3]
The tower's modified or reconstructed height must
meet all other height restrictions in this chapter.
[4]
A tower which is being rebuilt to accommodate the
co-location of additional antennas or tower-based WCFs may be moved
on site within 50 feet of an existing location.
[a]
After the tower is rebuilt to accommodate collocation,
only one tower may remain on the site. The decommissioned tower must
be removed within 180 days of the receipt of the final building permit
for the new tower.
[b]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 390-71.8J(2)(e). The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 390-71.8J(2)(e), except as described in § 390-71.81(2)(b)[4][c].
[c]
Section 390-71.8I(2)(b)[4][b] does not apply to tower separation distances to residential units or residentially zoned lands established in § 390-71.8J(2)(e); relocated on-site towers must comply with these separation distances.
(c)
Installing small WCFs on new wireless support structures and
collocating small WCFs on existing wireless support structures, provided
that these deployments meet the requirements for small WCFs set out
in this chapter.
J.
Conditional use permits.
(1)
General. The following provisions shall govern the issuance
of conditional use permits for uses described in this chapter by the
combined Board of Supervisors:
(a)
In granting a conditional use permit, the Board of Supervisors
may impose conditions to the extent the Board of Supervisors concludes
such conditions are necessary to minimize any adverse effect of the
proposed antenna or tower on adjoining properties.
(b)
A licensed professional engineer shall certify any information
of an engineering nature submitted by the applicant, whether civil,
mechanical, or electrical.
(c)
An applicant for a conditional use permit shall submit the information
described in this section and a nonrefundable fee as established by
resolution of the governing body to reimburse the Township of Exeter
for the reasonable costs of reviewing the application, as more fully
described in the fee schedule located on the Township's website and
in the Township offices.
(2)
Tower-based WCFs.
(a)
Information required. In addition to any information required for application for conditional use permits pursuant to § 390-90 of the Zoning Ordinance, applicants for a conditional use permit for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location, type, and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), classification of the site and all properties within the applicable separation distance set forth in § 390-71.8J(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Officer to be necessary to assess compliance with this chapter.
[2]
A legal description of the parent tract and leased
parcel (if applicable).
[3]
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 390-71.8D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing and finished color and, if applicable,
the method of camouflage and illumination.
[7]
A description of compliance with §§ 390-71.8D(3) through (7), (9), (10) and (13); 390-71.8J(2)(d) and (e); and all applicable federal, state and local laws.
[8]
A notarized statement by the applicant as to whether
construction of the tower will accommodate collocation of additional
antennas for future users.
[9]
Identification of the entities providing the backhaul
network for the tower(s) described in the application and other tower
sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability of the use of
existing towers, other structures or alternative technology not requiring
the use of towers or structures to provide the services to be provided
through the use of the proposed new tower.
[11]
A rendering of the existing site of the proposed
tower-based WCF and the proposed changes to the existing site after
construction of the tower-based WCF.
(b)
Factors considered in granting conditional use for towers. In addition to any standards for consideration of conditional use permit applications pursuant to § 390-90, the Board of Supervisors shall consider the following factors in determining whether to issue a conditional use permit:
[1]
Height for the proposed tower;
[2]
Proximity of the tower to residential structures
and residential district boundaries;
[3]
Nature of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
[7]
Proposed ingress and egress; and
[8]
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in § 390-71.8J(2)(c) of this chapter.
(c)
Availability of suitable existing towers, other structures,
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Board
of Supervisors that no existing tower, wireless support structure,
or alternative technology that does not require the use of towers
or structures can accommodate the applicant's proposed antennas or
WCF. An applicant shall submit information related to the availability
of suitable existing towers, other structures, or alternative technology.
Evidence submitted to demonstrate that no existing tower, wireless
support structure, or alternative technology can accommodate the applicant's
proposed antenna might consist of any of the following:
[1]
No existing towers or wireless support structures
are located within the geographic area which meet applicant's engineering
requirements.
[2]
Existing towers or wireless support structures
are not of sufficient height to meet the applicant's engineering requirements.
[3]
Existing towers or wireless support structures
do not have sufficient structural strength to support the applicant's
proposed antenna and related equipment.
[4]
The applicant's proposed antenna or WCF would cause
electromagnetic interference with the antennas on the existing towers
or wireless support structures, or the antennas on the existing towers
or wireless support structures would cause interference with the applicant's
approved antenna or WCF.
[5]
The fees, costs, or contractual provisions required
by the owner in order to share an existing tower or wireless support
structure or to adapt an existing tower or wireless support structure
for sharing are unreasonable. Costs exceeding new tower development
are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other
limiting factors that render existing towers and wireless support
structures unsuitable.
[7]
The applicant demonstrates that an alternative
technology that does not require the use of towers or wireless support
structures, such as a cable microcell network using multiple low-powered
transmitters/receivers attached to a wire line system, is unsuitable.
Costs of alternative technology that exceed new tower or antenna development
shall not be presumed to render the technology unsuitable.
(d)
Setbacks. Each tower-based WCF shall have a setback equal to
its height or the setback requirement of the applicable zoning district,
whichever is greater. Guys and accessory buildings must satisfy the
minimum zoning district setback requirements.
(e)
Separation. The following separation requirements shall apply
to all towers and antennas for which a conditional use or special
exception is required:
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured from the base
of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
[b]
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| |
|---|---|
|
Off-Site Uses/Designated Area
|
Separation Distance
(feet)
|
|
Single-family detached dwelling, single-family semidetached
dwelling, two-family detached dwelling, mobile home, manufactured
home
|
200
|
|
Vacant land zoned for single-family detached dwellings or single-family
semidetached dwellings, which is either planned or has unexpired,
preliminary subdivision plan approval
|
200
|
|
Vacant unplatted residentially zoned lands
|
100
|
|
Apartment buildings and townhouses
|
100
|
|
Nonresidentially zoned lands or nonresidential uses
|
None: only yard setbacks apply
|
(f)
Security fencing. Towers shall be enclosed by opaque, non-chain-link
security fencing not less than eight feet in height and shall also
be equipped with an appropriate anticlimbing device.
(g)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a conditional use permit is required.
[1]
Landscaping shall be required to screen as much
of a newly constructed tower and related equipment as possible. Tower
facilities shall be landscaped with a buffer of plant materials that
effectively screens the view year-round of the tower compound from
property used for residences. The Board of Supervisors may permit
any combination of existing vegetation, topography, walls, decorative
fences, or other features instead of landscaping, if, in the Board's
discretion, the approach achieves the aesthetic and screening goals
of this chapter. The standard buffer shall consist of a landscaped
strip at least four feet wide outside the perimeter of the compound.
[2]
Existing mature tree growth and natural landforms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited in large, wooded lots, natural growth
around the property perimeter may be sufficient buffer.
K.
Buildings or other equipment storage.
(1)
Non-tower WCFs. The equipment or structure used in association
with non-tower WCFs that are not also small WCFs shall comply with
the following:
(a)
The cabinet or structure shall not contain more than 250 square
feet of gross floor area or be more than 12 feet in height. In addition,
for buildings and wireless support structures that are less than 65
feet in height, the related unmanned equipment structure, if over
100 square feet of gross floor area or 12 feet in height, shall be
located on the ground or in the wireless support structure and shall
not be located on the roof of the building or on top of the wireless
support structure.
(b)
If the related equipment structure is located on the roof of
a building, the area of the related equipment structure and other
equipment shall not occupy more than 10% of the roof area.
(c)
Related equipment buildings or cabinets shall comply with applicable
building codes.
(2)
Small WCFs. The related equipment cabinet or structure used in association with small wireless communications facilities shall not exceed the limitations described in the definition of small WCF in § 390-71.8B.
(3)
Tower-based WCFs. The related unmanned equipment structure shall
not contain more than 250 square feet of gross floor area or be more
than 12 feet in height and shall be located in accordance with the
minimum yard requirements of the zoning district in which it is located.
(4)
Modification of building size requirements. The Board of Supervisors may modify the requirements of § 390-71.8K(1) through (3).
L.
Removal of abandoned antennas, WCFs, towers, wireless support structures,
and related equipment.
(1)
Any antenna, WCF, tower, and/or related equipment that is not
operated for a continuous period of six months shall be considered
abandoned and must be removed. This provision does not apply to wireless
support structures that have a dual use, e.g., a silo, building, light
pole, power line, etc., when the other use of the wireless support
structure has not been abandoned; however, the abandoned WCF, antennas,
and/or related equipment associated with the wireless support structure
shall require removal in accordance with this section. If there are
two or more users of a single tower, wireless support structure, and/or
related equipment, then this provision shall not become effective
until the same are abandoned by all users.
(2)
Should the abandoned antenna, WCF, tower, and/or related equipment
not be removed after the six-month period, the Township may notify
the record parcel owner and the owner of such antenna, WCF, wireless
support structure, tower, and/or related equipment that the Township
shall remove the abandoned equipment and/or structures following a
ninety-day notice period.
(3)
The owner of the abandoned antenna, WCF, tower, and/or related
equipment and the owner of the underlying parcel shall be jointly
and severally liable for all costs associated with such removal, including,
but not limited to, legal fees incurred.
(4)
Nothing in this section imposes on the Township of Exeter a
duty to inspect antenna, WCF, wireless support structure, tower, and/or
related equipment to determine whether they are in use.
M.
Nonconforming uses.
(1)
Pre-existing towers. Pre-existing towers shall be allowed to
continue their usage as they presently exist. Routine maintenance
(excluding replacement with a new tower of like construction and height)
shall be permitted on such pre-existing towers.
(2)
Construction other than routine maintenance on a pre-existing
tower. Construction other than routine maintenance on a pre-existing
tower, including, but not limited to replacement of pre-existing tower
with a new tower of like construction and height, significant repairs,
and/or substantial changes must comply with the requirements of this
chapter.
(3)
Rebuilding damaged or destroyed nonconforming towers, wireless support structures, WCFs, or antennas. Notwithstanding § 390-71.8J, bona fide nonconforming towers, WCFs, or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 390-71.8J(2)(e). The type, height, and location of the tower on site shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower, WCF, or antenna shall be deemed abandoned as specified in § 390-71.8J.
N.
Compliance with Township Code.
(1)
Notwithstanding anything to the contrary in this chapter, each
applicant for a building permit, electrical permit, zoning permit,
conditional use, or variance under this chapter shall meet any and
all requirements of the Township's Subdivision and Land Development
Ordinance, and any other applicable Township ordinance or regulation.
