For the purposes of this chapter, the following
regulations shall govern in all districts.
[Amended 2-26-2007 by Ord. No. 2007-3]
A single-family detached dwelling may be constructed
on a nonconforming lot held in single and separate ownership on the
date the lot became legally nonconforming, provided:
A.
The lot area is not less than 80% of the lot area
required in the zoning district at the time a permit is requested
and issued;
B.
If the lot is not served by public water and sewer,
the applicant shall demonstrate compliance with all requirements of
the Montgomery County Board of Health;
C.
The streets and other improvements shown on the plan
which created the lot have been completed and approved by the Township,
whether or not said improvements have been accepted in dedication
by the Township; and
D.
The single-family dwelling constructed in accordance
with this section shall be a permitted use in the district in which
it is constructed and shall comply with all building and lot coverage,
front, rear, and side yard requirements of the district in which the
lot is located.
No lot shall be so reduced that the area of
the lot or the dimensions of the required open space shall be less
than herein prescribed.
[Amended 12-9-1998 by Ord. No. 1149]
A.
Fences and walls in excess of four feet in height
shall be prohibited within the minimum required front yard for each
lot, provided that retaining walls required to stabilize changes in
elevations shall be permitted to a height one foot above ground elevation
retained. Fences and walls within the front yard not of natural materials
like stone, brick or wood, shall have sufficient shrubs installed
along the fence to soften the view of the fence from the street. The
shrub requirement shall not apply to wire mesh installed as an integral
part of a wood fencing system.
B.
Fences and walls may be permitted within the required
side and rear yard for each lot to a maximum height of 6.5 feet above
ground level.
C.
When a fence or wall exceeding six feet in height
is erected within any required side or rear yard setback, the entire
fence or wall shall contain openings therein equal to 50% of more
of the area of the fence or wall.
D.
Barbed wire or electrified fences (excluding invisible
fencing for pets) shall be permitted only in connection with agricultural
purposes on lots that exceed 10 acres in size, or for commercial and
industrial uses if approved by the Horsham Township Council.
Clear sight triangles of 60 feet measured along
street right-of-way lines from their points of junction shall be provided
at all intersections. Within the sight triangle, no wall, fence, or
other structure shall be erected, altered or maintained, and no hedge,
tree, shrub or other growth shall be planted or maintained which shall
interfere with a free and unobstructed view down and across lands
within such sight triangle.
Accessory uses authorized in this chapter may
include the following:
A.
Uses accessory to agriculture. Noncommercial greenhouses;
barn; keeping, breeding and management of livestock and poultry but
in such quantities and to such extent as are customarily incidental
to the principal use; preparation of products on the premises for
use and the disposal thereof by marketing or otherwise.
B.
Roadside stands shall be permitted only when accessory
to farms and related agricultural activities and subject to all of
the following conditions.
(1)
All buildings and structures shall be setback at least
100 feet from a street ultimate right-of-way and property lines.
(2)
No outdoor display, storage, processing equipment or parking of heavy vehicular equipment shall be permitted within the setbacks established in Subsection B(1) (above).
(3)
The maximum floor area for roadside stands including
all outside areas devoted to retail sales shall not exceed 500 square
feet.
(4)
Off-street parking shall be provided at the rate of
one parking space per 100 square feet of retail area, plus one space
per each employee of the largest shift.
(5)
The lot area devoted to roadside stand use of a farm
operation shall be identified on the plan and filed with the Township
before the roadside stand operation may commence.
C.
Uses accessory to dwelling.
(1)
Private garage, private parking space.
(2)
Swimming pool for use of family and guests only.
(3)
Private greenhouses and storage buildings for garden
tools.
(4)
Stables, barn, and shelter for pets.
(5)
Uses authorized in this chapter as accessory to a
dwelling shall not be deemed to include a hospital, clinic, animal
hospital, barbershop, beauty parlor, mortuary, other personal service
shop, tearoom, hotel, boarding home or any other similar use.
D.
Accessory use of utility. The placing of a public
telephone booth shall be permitted in any district upon the following
conditions:
(1)
The location shall be approved in writing by the owner
of the land; and
(2)
The location shall not be in the right-of-way of any
street; and
(3)
The location shall be approved by the Zoning Officer
of the Township; and
(4)
A permit is obtained from the Building Inspector;
and
(5)
A permit fee as determined by the current Township
fee schedule for each location is paid.
A.
The maximum permitted height shall be 21 feet six
inches for accessory buildings and structures located entirely within
the required building envelope established for each lot in each zoning
district.
B.
The maximum permitted height of buildings or structures
when located within required side or rear yards shall be 14 feet.
C.
Accessory buildings or structures may be erected within
one side yard provided that it is located no further forward than
the rear line of the principal building line and provided that such
building or structure shall not be less than seven feet each from
the side and rear lot line. An accessory building may be erected in
conjunction with an accessory building on an adjacent property when
separated by a masonry wall free of any opening, and constructed on
the common lot line, provided written consent of the Zoning Officer
must be attached to and remain a part of the application for a building
permit for the accessory building.
D.
Accessory buildings or structures are not permitted
within the minimum front yard established for each district nor within
required buffer yard.
E.
Outdoor
dining areas.
[Added 8-23-2021 by Ord. No. 2021-09]
(1)
Outdoor furniture is limited to tables, chairs, umbrellas, reservation
podiums, portable heaters, trash receptacles, and other similar items.
(2)
Planters, posts with ropes, or other enclosures shall be used to
define the area occupied by the outdoor dining area provided such
items shall not exceed four feet in height.
(3)
Where the outdoor dining area abuts a street or parking area, the
applicant shall provide bollards which shall meet or exceed the vehicle
impact protection standards of the International Fire Code to protect
patrons. The bollards shall meet all Township standards and shall
be attractively landscaped or otherwise incorporated into the design
of the outdoor dining area, as approved by the Township.
(4)
Refuse facilities shall be provided within the outdoor dining area.
(5)
Outdoor dining areas shall not be located on the public sidewalk.
Outdoor dining areas shall not impede the flow of pedestrian traffic.
An unobstructed pathway of at least five feet in width shall be maintained
between the public sidewalk and the building entrance(s).
(6)
Outdoor dining area shall be limited to 50% of the indoor dining
area.
(7)
Outdoor service and music shall end no later than 12:00 midnight,
and the applicant shall provide no amplified music or audio outdoors.
No music shall be permitted for outdoor dining areas adjacent to a
residential district.
(8)
Outdoor dining areas may be covered but shall remain open on a minimum
of two sides. Sides not open to the elements must be adjacent to a
building.
The Zoning Hearing Board may allow as a special
exception the conversion of a single-family dwelling into a dwelling
for a greater number of families, subject to the following requirements:
A.
Petition in favor of such exception shall be filed
with the Zoning Hearing Board signed by the owners of 60% or more
of the frontage in the same street within 500 feet of the designated
lot.
B.
Each dwelling unit shall not have less than 750 square
feet of floor area.
C.
The lot area per family is not reduced thereby to
an amount less than 75% of that required by this chapter for the district
in which the designated lot is located.
D.
The yard and building area requirements for the district
in which the building is located must be complied with.
E.
There is no external alteration of the building except
as may be necessary for reasons of safety. Fire escapes and outside
stairways shall, where practicable, be located on the rear of the
building.
F.
The Zoning Hearing Board shall specify the maximum
number of the families permitted to occupy such buildings and may
prescribe such further conditions and restrictions as the Board may
consider appropriate.
G.
The off-street parking requirements of this chapter
are met.
H.
The conversion shall be authorized only for a dwelling
with relatively little economic usefulness as a conforming use.
A.
General.
(1)
All potable water requirements shall be stated in
the application for a building permit.
(2)
No permit for construction, building or use of building
and/or land shall be issued until satisfactory proof of the availability
and supply of potable water is furnished the Zoning Officer.
(3)
No wells may be dug or drilled on the premises except
by permit.
(4)
Where available, all potable water services shall
be supplied by water distribution companies operating and supervised
as municipal or public utilities by virtue of the laws of the commonwealth
and the ordinances of the Township, unless waived by Township Council.
B.
Commercial and industrial.
(1)
Water required on the premises for commercial or manufacturing
purposes, including air conditioning, shall be supplied by water distribution
companies, unless the water distribution companies are not available,
and provided a permit is granted by the water authority in accordance
with the ordinances of the Township.
(2)
Where surface or ground water sources are existing
and available, or can be developed on the premises without impairment
to similar services on adjacent or near property, or to public water
supplies, they may be used for air conditioning with water recirculation
upon special exception granted by the Zoning Hearing Board.
The following regulations shall apply in Residential
Districts R-6 and R-7, Commercial District C-1, Industrial Districts
I-1, I-2 and I-3, and Office/Nonmanufacturing District O-1, and in
any case where group apartment development or more than one building
or use is permitted on a lot.
A.
The proposed development shall be constructed in accordance
with an overall plan and shall be designed as, or as part of, a single
architectural and landscaping scheme. All buildings on a lot shall
be arranged in a group of buildings, and the group of buildings as
a unit shall comply with the area and yard regulations of the district.
B.
The tract of land on which each permitted use is conducted
shall be owned and operated as a single or common management and maintenance
unit, with common open spaces, parking, utility, and maintenance facilities.
C.
The distance at the closest point between any two
buildings or groups of attached buildings shall not be less than 30
feet, except in Office/Nonmanufacturing and Industrial Districts,
where the distance shall be not less than 60 feet. In no case shall
the minimum distance between buildings be less than the average height
of adjoining buildings.
D.
All public utility lines and similar facilities servicing
the proposed development and its area shall be installed underground,
and electric transformers shall be installed underground or within
the walls of a completely enclosed building.
A.
Floodlighting in all districts shall be diffused or
shielded in such a manner as not to create any hazardous situation
for passing vehicular traffic or a nuisance to persons residing in
the area.
B.
The maintained horizontal illumination shall not exceed
one footcandle at ground elevation at the perimeter property line
or zoning district boundary line.
In all districts corner lots shall have two
front yards followed by one rear yard and if applicable one side yard.
Home occupations, as defined in § 230-5 and permitted under the provisions of this chapter, shall comply with the following regulations and standards:
A.
Home occupations may be permitted under the following
conditions:
(1)
By right as an accessory use to a dwelling on lots
having a lot area of 12,000 square feet or greater and a lot frontage
of not less than 50 feet, unless a flag lot which shall have a minimum
lot frontage of 25 feet.
(2)
By special exception as an accessory use to a dwelling
on lots having a lot area less than 12,000 square feet.
B.
Three paved off-street parking spaces, in addition
to those required of residence units, shall be required and shall
not be located within any required setback areas.
C.
No other persons except a resident in the dwelling
shall practice the occupation therein.
D.
No more than two persons shall be employed by the
practitioner at any one time.
E.
The area used for the practice of a home occupation
shall occupy no more than 15% of the total floor area of the dwelling
unit. Each dwelling or residential lot shall be limited to no more
than one home occupation.
F.
No storage of materials or products in open areas
shall be permitted.
G.
No retail sales shall be permitted except for articles
or works of art produced solely on the premises, and in no event shall
goods be publicly displayed on the premises.
H.
No heat or glare shall be perceptible at or beyond
the lot boundaries.
I.
No potentially dangerous effluent or fumes from operations
shall be discharged.
J.
No material designed for use as an explosive shall
be produced or stored on the premises.
K.
A sign identifying a home occupation shall not exceed
the size of one square foot in area and shall be deducted from the
maximum number of signs permitted in the schedule of sign regulations.
L.
Home day care for not more than a total of three children,
unrelated to the caregiver, shall be permitted as a home occupation.
M.
Day-care facilities. Permitted only within a single-family
detached dwelling when authorized as a special exception, home day
care may be permitted for greater than three but not more than a total
of six children, unrelated to the caregiver, subject to all the following
conditions:
(1)
The lot must conform to the minimum frontage, width,
area and yard requirements of the district in which it is situate
and shall not be reduced.
(2)
An outdoor lot area of at least 2,000 square feet
shall be reserved for a play area and shall be located in the rear
yard only, and not within any required side yard.
(3)
There shall be a minimum of 40 square feet of floor
space per child, inclusive of space occupied by furniture and equipment,
but exclusive of closets, halls, bathrooms, kitchens and areas related
thereto, which shall be on the first or second floor above grade of
the single-family detached dwelling structure utilized for such purpose.
A second means of pedestrian access from the second floor, if required
by any public law or regulation, shall be covered and enclosed so
as to be concealed from view from perimeter property lines.
(4)
A minimum outdoor play area of 65 square feet of contiguous
area shall be provided for each child as a recreational area for the
children. This area shall not include any impervious surface or parking
areas. The play area shall not be located in the minimum yard areas
required by this chapter or other Township ordinances. Play areas
shall not include any swimming or ornamental pool.
(5)
Areas for outdoor recreation shall be visually screened
for immediate year-round basis to a height of not less than four feet
when natural shrubbery or evergreen trees are utilized or six feet
when a fence is utilized.
(6)
The building shall conform to any and all regulations
of the Commonwealth of Pennsylvania for child day care, as well as
all applicable regulations for fire and panic, and have no barriers
for the handicap, and shall conform to all Township codes. All applicable
state or county licenses and certifications of approval shall be provided
to the Code Enforcement Officer as a condition of occupancy.
[Added 3-12-2003 by Ord. No. 1154]
A business or commercial activity administered
or conducted as an accessory use which is clearly secondary to the
use as a residential dwelling and which involves no customer, client
or patient traffic, whether vehicular or pedestrian, pickup, delivery
or removal functions to or from the premises, in excess of those normally
associated with residential use. The business or commercial activity
must satisfy the following requirements:
A.
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than
family members residing in the dwelling.
C.
There shall be no display or sale of retail goods
and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors or electrical
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
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.
G.
The business activity shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area.
H.
The business may not involve any illegal activity.
Day-care centers as defined in § 230-5 shall comply with the following regulations and standards:
A.
A lot area of not less than one and no more than four
acres shall be provided for each day-care center.
B.
A lot area of not less than 500 square feet shall
be provided for each child that the facility is licensed to accommodate.
D.
Public water and sanitary sewer utility service shall
be provided.
E.
Setbacks for buildings, parking and outdoor play areas
shall comply with yards established for the district in which located
but in no event shall be less than the following:
(1)
Front, side and rear yards shall be provided on each
lot which shall be not less than 50 feet.
(2)
Parking areas shall be setback not less than 15 feet
from all property lines.
(3)
Outdoor play areas shall be setback not less than
15 feet from all property lines, shall not be permitted within the
minimum front yard and shall be setback not less than 50 feet from
any property line which adjoins a residential district.
[Added 4-14-2010 by Ord. No. 2010-4]
A.
ADULT COMMERCIAL BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT VIDEO/MOVIE HOUSE
OTHER ADULT USES
An adult
commercial store, adult entertainment cabaret, adult movie house,
and other adult uses as defined below:
An establishment with more than 15 square feet of floor area
devoted to the display, selling and/or rental of pornographic materials
which are pictures, drawings, photographs, videotapes, or other depictions
or printed matter and paraphernalia, which if sold knowingly to a
minor under 18 years of age would violate the criminal laws of the
Commonwealth of Pennsylvania in effect at the same time.
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features live sex, topless
dancers, strippers, male or female impersonators, or similar entertainers,
or a similar establishment to which access is limited to persons 18
years of age or older.
An enclosed building used regularly and routinely for presenting,
displaying or exhibiting obscene matter for observation by patrons
therein, or a similar establishment to which access is limited to
persons 18 years of age or older.
Any business, activity or use, similar to or of the same
general nature as the uses listed above.
B.
The
building or structure of such use shall be located no less than 500
feet from any residential use or district, and no less than 1,000
feet from any public or private school, church, recreation facility
or any other religious, institutional or educational use.
C.
No such
use shall be located within 2,000 feet of a similar use.
D.
No materials
sold within shall be visible from any window, door or exterior of
the building.
E.
No person
under the age of 18 years of age shall be permitted within an adult
commercial store or sold any pornographic material.
G.
Parking:
one off-street parking space for each 100 square feet of total floor
area, plus one additional space for every two employees.
[Added 7-27-2020 by Ord. No. 2020-04; amended 9-28-2020 by Ord. No. 2020-07]
A.
The convenience store building shall be constructed primarily of
brick or stone and glass and shall reflect the character of the community.
All building facades must include two additional features among this
list: windows, pent roofs, offsets, variations in materials, or other
architectural amenities designed to enhance the building's appearance.
Design of the building shall be subject to the review and approval
of Council at the time of the land development review.
B.
The following accessory facilities shall be permitted but not required:
indoor automated teller machines, indoor vending machines, electric
vehicle charging stations, prefilled propane exchange tanks and air
pumps for the inflation of tires.
C.
The following accessory uses and the sale of the following items
shall not be permitted: Indoor seating for dining or other purposes,
arcade games, outdoor seating, or outdoor display of items for sale.
D.
No drive-through facilities for the sale of food or convenience items
shall be permitted as part of, or in connection with, the convenience
store.
E.
The applicant shall incorporate design elements such as buffer plantings,
sidewalks, fencing, ornamental plantings and other similar features
to enhance the aesthetics of the street frontage of the convenience
store.
F.
The design and materials of trash and dumpster enclosures shall be
substantially similar to the design and materials used in the construction
of the convenience store. No trash enclosure may be located within
any front yard setback area or within 200 linear feet from any principal
structure occupied as a single-family detached dwelling.
G.
Buffering and screening shall conform to the following standards:
(1)
A complete visual screen of at least 60 inches in height at
the time of planting shall be installed around the perimeter of the
dumpster enclosure, provided that no screening will be required at
the vehicle access to the dumpster.
(2)
The buffering requirements of the Zoning Ordinance and Subdivision
and Land Development Ordinance shall be met.
(3)
Softening buffers and knee walls shall be included if deemed
appropriate by the governing body at the time of land development
review.
H.
No deliveries or pick-up of inventory, merchandise, foodstuffs, trash
or other product shall occur between the hours of 11:00 p.m. and 6:00
a.m. These restrictions shall not apply to fuel deliveries.
I.
Indoor and outdoor security cameras which can be accessed by the
Township Police shall be installed on the convenience store building,
fueling areas, and the dumpster shelter.
J.
Parking shall be in compliance with the provisions of the Zoning Ordinance [including, but not limited to, § 230-32B(9)] and the Subdivision and Land Development Ordinance.
Each and every lot created for single and separate ownership shall be provided with a minimum continuous frontage equal to the required lot width at the building setback line along the ultimate right-of-way of a street, or legal right-of-way where ultimate and legal are coterminous, except for flag lots (see § 230-26) or lots situated around the bulb of a cul-de-sac, in which case the minimum frontage lot shall equal 50 feet.
[Amended 12-9-1998 by Ord. No. 1149]
A.
Flag lots shall exclude within the calculation of
lot area, the area within the access strip up to a point where the
minimum required lot width is achieved.
B.
Each flag lot shall have fee simple ownership of the
access strip to the public street, such strip having a minimum width
of 25 feet, and a maximum width of 45 feet.
C.
A flag lot may serve only one single-family detached
dwelling. Flag lots for nonresidential uses or any other form of residential
use are not permitted.
D.
The length of the access strip shall be limited to
a maximum of 1,000 feet.
E.
No flag lot shall abut or be adjacent to another flag
lot.
F.
The minimum lot area of a flag lot in the R-1 and
R-2 Districts shall be five acres. The minimum lot area of a flag
lot in all other cases shall be two acres, unless larger lot areas
are required by another section of this chapter.
G.
In the R-1 and R-2 Districts there shall be a minimum
front, side and rear yard setback for principal buildings from all
property lines of 100 feet, and for all accessory buildings, 25 feet
from all property lines. In all other cases, there shall be a minimum
front yard of 60 feet; two minimum side yard setbacks of 80 feet in
aggregate, with neither being less than 35 feet in width and a rear
yard setback of 80 feet.
[Added 9-16-1998 by Ord. No. 1147]
All uses shall comply with any deed restrictions
of record and any restrictions shown on a subdivision or land development
plan of record, including, but not limited to, restrictions prohibiting
or limiting the further subdivision of the property.
[Added 8-8-2001 by Ord. No. 1152; amended 4-13-2005 by Ord. No.
1157]
No structure listed as a Class I or Class II Historic Resource in accordance with Article XXXII of this chapter shall be demolished except upon grant of special exception by the Zoning Hearing Board. The Zoning Hearing Board shall consider, in making its decision, the recommendation of the Horsham Township Historical Advisory Commission render pursuant to § 230-202. The applicant shall demonstrate that there is no reasonable possibility of saving the structure. The Zoning Hearing Board may impose reasonable conditions upon the grant of the special exception.
[Added 12-23-2002 by Ord. No. 1153]
A.
For purposes of this chapter, an unoccupied municipal
building is a building to which the public does not have access, and
to which no employees report for work on a regular basis. Examples
of an unoccupied municipal building include, but are not limited to,
wells, pump houses, sewer facilities, and storage buildings.
C.
Setback requirements. The following setback requirements
shall apply to municipal buildings: provided, that the maximum required
yard setback requirement shall not exceed that maximum requirement
for the zoning district in which the municipal building is located.
(1)
Occupied buildings shall have front, side and rear
yards of not less than 50 feet; provided that when a municipal building
other than a library abuts a residential use or district, the front,
rear, and side yard shall not be less than 100 feet along that boundary
of the municipal property which directly abuts said residential use
or district.
(2)
Unoccupied buildings shall have front, side and rear
yards of not less than 25 feet.
D.
Minimum lot width at building setback line: 100 feet.
E.
Maximum building coverage. The maximum building coverage
shall be identical to the maximum building coverage set forth for
general uses in the zoning district in which the proposed municipal
use is to be located.
F.
Maximum impervious surface ratio. The maximum impervious
surface ratio shall be identical to the maximum impervious surface
ratio set forth for general uses in the zoning district in which the
proposed municipal use is to be located.
H.
NOTE: The above dimensional requirements shall supersede the minimum site area, minimum lot area, setback, lot width, and setback requirements of all underlying districts as well as zoning overlay districts. All other performance standards and environmental regulations, including but not limited to, the environmental regulations set forth at § 230-49 of this chapter shall apply to municipal buildings.
[Added 6-11-2014 by Ord. No. 2014-2]
A.
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
(1)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township. The owner of the tower-based WCF
shall perform a minimum of one on-site inspection of the tower-based
WCF each year. The applicant shall provide the Township with advance
notice of the inspection. The on-site inspection shall include a climb
of the tower-based WCF. A written report, prepared by a registered
professional engineer, detailing the results of the on-site inspection,
including the "climbing inspection," shall be submitted to the Township
within 30 days of the inspection. In the event the inspection reveals
any issues with the structural integrity of the WCF, the owner of
the WCF shall, within 60 days, take any and all steps to repair the
facility and submit a further report to the Township indicating the
nature of the repairs made. The report shall include a certification
of structural integrity by a registered professional engineer. Failure
to make the necessary repairs and submit a certification of structural
integrity within 60 days of the original inspection shall result in
the revocation of the zoning permit and shall require the prompt removal
of the tower-based WCF.
(2)
Wind. Any tower-based 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 (ANSS/EIA-222-E Code, as amended). Such structures must
be designed to withstand wind gusts of at least 100 miles per hour
with no ice, and 78 miles per hour basic wind speed with radial ice
of 0.5 inch.
(3)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Township justifying the total height of the structure. The
maximum total height of any tower-based WCF, which is not located
in the public ROW, shall not exceed 130 feet, which height shall include
all subsequent additions or alterations. Equipment buildings, cabinets,
and accessory structures shall not exceed 12 feet in height.
(4)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(6)
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65,
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(7)
Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places or the official historic
structures and/or historic districts list maintained by the Township,
or has been designated by the Township as being of historic significance.
(8)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency.
(9)
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(10)
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, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(11)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(12)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this section. The applicant and/or
owner of the WCF shall reimburse the Township for all costs of the
Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(13)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF and the Township shall advise the applicant in writing of its
decision. If additional information was requested by the Township
to complete an application, the time required by the applicant to
provide the information shall not be counted toward the one-hundred-fifty-day
review period.
(14)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this section.
(15)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(16)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring and related costs. The permit
fees shall be determined by the Township and authorized by resolution
of the Council, and shall be based on the Township's actual costs
as applied to such tower-based WCF.
(17)
FCC license. Each person that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(18)
Insurance. Each person that owns or operates a 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-based WCF.
(19)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
(20)
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structure engineer,
licensed in the Commonwealth of Pennsylvania.
(21)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
B.
Tower-based facilities outside the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
outside the rights-of-way:
(1)
Development regulations:
(a)
Prohibited in residential zones. No tower-based WCF shall be
located in a residential zoning district or within 300 feet of a lot
within a residential zoning district.
(b)
Site Requirements. A tower-based WCF may be located as permitted
in the district regulations and table of uses, subject to all of the
conditions listed in this section.
(c)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision on
an application for approval of tower-based WCFs.
(d)
Sole use on a lot. A tower-based WCF may be permitted as a sole
use on a lot subject to the minimum lot area and yards, complying
with the following requirements:
[1]
Setback. The tower-based WCF shall be set back
from any property line, recreational facility, fields, or public right-of-way
a distance that is at least equal to 1 1/2 the height of the
tower.
[2]
In order to locate a tower-based WCF on a property
with an agricultural use, the tract shall be at least 10 acres.
(e)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel as part
of a land development in combination with another industrial, commercial,
institutional or municipal use, subject to the following conditions:
[1]
The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
communications facility.
[2]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting.
[3]
Minimum setbacks. The tower-based WCF and accompanying
equipment building shall comply with the requirements for the applicable
zoning district, this section, and further provided that no tower-based
WCF shall be located within 500 feet of a lot in residential use or
a residential district boundary. The minimum setback shall be a distance
that is at least equal to 1 1/2 the height of the tower.
(2)
Notice. Upon submission of an application for a tower-based
WCF, the applicant shall mail notice thereof to the owner or owners
of every property zoned residential on the same street within 1,000
linear feet of the site of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the proposed
facility. The applicant shall provide proof of the notification to
the Township.
(3)
Co-location. An application for a new tower-based WCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(4)
Design regulations:
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township. In the sole discretion of the Township, the requirement
to utilize stealth technology may be waived if the Council determines
that the waiver is in the best interest of the Township.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennae for future users.
(5)
Surrounding environs:
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA 222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(6)
Fence/screen:
(a)
A security fence having a maximum height of eight feet shall
completely surround any tower-based WCF, guy wires, or any building
housing WCF equipment.
(b)
An evergreen screen that consists of a hedge, planted three
feet on center maximum, or a row of evergreen trees planted 10 feet
on center maximum shall be located along the perimeter of the security
fence. Existing vegetation shall be preserved to the maximum extent
possible.
(7)
Accessory equipment:
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view
using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(8)
Additional antennae. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennae on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the Township.
(9)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility.
(10)
Parking. For each tower-based WCF, there shall be two off-street
parking spaces, or one space per employee, whichever is greater.
(11)
Financial security. Prior to the issuance of a permit, the owner
of a tower-based WCF outside the ROW shall, at its own cost and expense,
post financial security acceptable to the Township Solicitor, in an
amount of $100,000 to assure the faithful performance of the terms
and conditions of this subsection. If financial security is in the
form of a bond, it shall be posted by a surety licensed to do business
in the Commonwealth of Pennsylvania and shall contain such provisions
determined by the Township Solicitor as reasonably necessary to assure
the bond can be collected without undue delay. The financial security
shall provide that the Township may recover from the principal and
surety any and all compensatory damages incurred by the Township for
violations of this section, after reasonable notice and opportunity
to cure. The owner shall file the financial security with the Township.
(12)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact. Denial of a tower-based
WCF facility permit shall be consistent with the Township's Recreation
Open Space Plan.
(13)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this subsection and
any other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
C.
Tower-based facilities in the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
(1)
Prohibited in residential zones. No tower-based WCF shall be
located within a residential zone or within 500 feet of a lot in residential
use or a residential zoning district boundary.
(2)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision on
an application for approval of tower-based WCFs in the ROW.
(3)
Notice. Upon submission of an application for a tower-based
WCF, the applicant shall mail notice thereof to the owner or owners
of every property zoned residential on the same street within 1,000
linear feet of the site of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the proposed
facility. The applicant shall provide proof of the notification to
the Township.
(4)
Co-location. An application for a new tower-based WCF in the
ROW shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(5)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(6)
Equipment location. Tower-based WCFs and accessory equipment
shall be located so as not to interfere with use of rights-of-way
for pedestrian or vehicular traffic, cause any physical or visual
obstruction to pedestrian or vehicular traffic, or to otherwise create
safety hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb;
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(7)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(b)
The maximum height of any tower-based WCF shall not exceed 50
feet. Extensions to an existing tower-based WCF shall require prior
approval of the Township, and shall not increase the overall height
of the tower-based WCF to more than 50 feet. The Township reserves
the right to deny such requests based upon aesthetic and land use
impact, or any other lawful considerations related to the character
of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennae and comparable antennae for future users.
(8)
Visual or land use impact. The Township reserves the right to
deny the construction or placement of any tower-based WCF in the ROW
based upon visual and/or land use impact.
(9)
Additional antennae. As a condition of approval for all tower-based
WCFs in the ROW, the WCF applicant shall provide the Township with
a written commitment that it will allow other service providers to
co-locate antennae on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennae without obtaining the prior written approval of the Township.
(10)
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 tower-based 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:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(11)
Compensation for ROW use. In addition to permit fees as described in Subsection A(16) above, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation 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 tower-based 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. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
(12)
Financial security. Prior to the issuance of a permit, the owner
of a tower-based WCF in the ROW shall, at its own cost and expense,
post financial security acceptable to the Township Solicitor, in an
amount of $100,000 to assure the faithful performance of the terms
and conditions of this subsection. If financial security is in the
form of a bond, it shall be posted by a surety licensed to do business
in the Commonwealth of Pennsylvania and shall contain such provisions
determined by the Township Solicitor as reasonably necessary to assure
the bond can be collected without undue delay. The financial security
shall provide that the Township may recover from the principal and
surety any and all compensatory damages incurred by the Township for
violations of this subsection, after reasonable notice and opportunity
to cure. The owner shall file the financial security with the Township.
D.
General requirements for all nontower wireless communications facilities.
(1)
The following regulations shall apply to all nontower wireless
communications facilities that do not substantially change the physical
dimensions of the wireless support structure to which they are attached:
(a)
Permitted in all zones subject to regulations. Nontower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(b)
Zoning permit required. Applicants proposing the modification
of an existing tower-based WCF shall obtain an administrative permit
from the Township Zoning Office. In order to be considered for such
permit, the applicant must submit a permit application to the Township
Zoning Office.
(c)
Standard of care. Any nontower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(d)
Wind. Any nontower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA-222-E Code, as amended).
(e)
Public safety communications. No nontower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(f)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(g)
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65,
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(h)
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed
within three months of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
(i)
Timing of approval. Within 30 calendar days of the date that
an application for a nontower WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
(j)
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 nontower WCF, as
well as related inspection, monitoring, and related costs. Such permit
fees shall be determined by the Township and authorized by resolution
of the Council, and shall be based on the Township's actual costs
as applied to such nontower WCF.
(k)
Insurance. Each person that owns or operates a nontower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the nontower WCF.
(l)
Indemnification. Each person that owns or operates a nontower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the nontower WCF. Each person that owns or operates
a nontower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a nontower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
(2)
The following regulations shall apply to all nontower wireless
communications facilities that substantially change the wireless support
structure to which they are attached:
(a)
Permitted in all zones subject to regulations. Nontower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(b)
Easement. Where the proposed nontower WCF will be located on
a property with another principal use, the applicant shall present
documentation evidencing that the owner of the property has granted
an easement, license agreement, or other access agreement satisfactory
to the Township for the proposed facility, and that vehicular access
is provided to that facility.
(c)
Standard of care. Any nontower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(d)
Wind. Any nontower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended). Such structures shall
be able to withstand wind gusts of up to 100 miles per hour with no
ice and 78 miles per hour basic wind speed with radial ice of 0.5
inch.
(e)
Public safety communications. No nontower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(f)
Historic buildings. No nontower-based WCF may be located on
a building or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or the official historic structures and/or
historic districts list maintained by the Township, or has been designated
by the Township as being of historic significance.
(g)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(h)
Maintenance. The following maintenance requirements shall apply:
[1]
The nontower WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[3]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(i)
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65,
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(j)
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed
within three months of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
(k)
Timing of approval. Within 30 calendar days of the date that
an application for a nontower WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
(l)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(m)
Financial security. Prior to the issuance of a permit, the owner
of a nontower WCF shall, at its own cost and expense, post financial
security acceptable to the Township Solicitor, in an amount of $25,000
to assure the faithful performance of the terms and conditions of
this section. If the financial security is in the form of a bond,
it shall be posted by a surety licensed to do business in the Commonwealth
of Pennsylvania and shall contain such provisions determined by the
Township Solicitor as reasonably necessary to assure the bond can
be collected without undue delay. The financial security shall provide
that the Township may recover from the principal and surety any and
all compensatory damages incurred by the Township for violations of
this section, after reasonable notice and opportunity to cure. The
owner shall file the financial security with the Township.
(n)
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 nontower WCF, as
well as related inspection, monitoring and related costs.
E.
Nontower wireless facilities outside the rights-of-way. The following
additional regulations shall apply to nontower wireless communications
facilities located outside the rights-of-way that substantially change
the wireless support structure to which they are attached:
(1)
Development regulations. Nontower WCFs shall be co-located on
existing structures, such as existing buildings or tower-based WCFs
subject to the following conditions:
(a)
Such WCF shall not extend more than 10 feet above the nontower
structure on which it is mounted.
(b)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(c)
An eight-foot-high security fence shall surround any separate
communications equipment building. Vehicular access to the communications
equipment building shall not interfere with the parking or vehicular
circulations on the site for the principal use.
(2)
Design regulations.
(a)
Nontower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(b)
Nontower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a conditional use permit.
(c)
All nontower WCF applicants must submit documentation to the
Township justifying the total height of the nontower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennae, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(e)
Noncommercial usage exemption. Township citizens utilizing satellite
dishes and antennae for the purpose of maintaining television, phone,
and/or internet connections at their respective residences shall be
exempt from the design regulations enumerated in E(2) of this section.
(3)
Removal, replacement, modification.
(a)
The removal and replacement of nontower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the numbers of antennae.
(b)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(4)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any nontower
WCF based upon visual and/or land use impact.
(5)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this section and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
F.
Nontower wireless facilities in the rights-of-way. The following
additional regulations shall apply to all nontower wireless communications
facilities located in the rights-of-way:
(1)
Co-location. Nontower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles.
(2)
Design requirements:
(a)
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(b)
Antennae and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(3)
Compensation for ROW use. In addition to permit fees as described
above, every nontower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation 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 nontower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for nontower WCFs shall
be determined by the Township and authorized by resolution of Township
Board and shall be based on the Township's actual ROW management costs
as applied to such nontower WCF.
(4)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all nontower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(5)
Equipment location. Nontower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb;
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to nontower WCFs shall be reviewed
and approved by the Township.
(6)
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 WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(7)
Visual or land use impact. The Township retains the right to
deny an application for the construction or placement of a nontower
WCF based upon visual and/or land use impact.
