The provisions of this chapter shall be subject to such standards,
additions or modifications as herein provided by the following supplementary
regulations.
A.
Essential services, as defined in this chapter, shall be permitted
in all districts.
B.
All essential services facilities which involve buildings proposed for storage of vehicles or maintenance equipment shall be subject to the express standards and criteria of § 190-635, Subsection N(1), and the minimum bulk regulations of the district where proposed. Water storage or facilities shall be subject to all district regulations where proposed, including minimum area and bulk regulations.
C.
The regulations of this chapter shall not apply to any existing or
proposed structure or use or extension thereof used or to be used
by a public utility corporation if, upon petition of the corporation,
the Public Utility Commission, after a public hearing, decides that
the present or proposed situation of the structure in question is
reasonably necessary for the welfare of the public.
The area and bulk regulations for each of the zoning districts
are shown on Table 2 in Appendix A.[1] This Summary Table is hereby incorporated in the text of this chapter by reference. This Summary Table is not complete in every detail, however, and must be used in conjunction with the detailed district and supplementary regulations contained in Articles IV and VI of this chapter.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
For the purposes of measuring lot area on exceptionally deep
lots, only that part of the depth which is less than six times the
average width of the lot may be utilized in calculations.
Even though the total lot area may consist of one or more adjacent
lots of record, no lot area shall be reduced so that the required
yards, lot area per family, lot width, building area or other requirements
of this chapter cannot be met, except in the case of public utilities
which may utilize a lot area for transmission facilities, regulations,
maintenance equipment and appurtenant structures which is less than
the minimum required for principal structures in the zoning district,
provided that no structure is proposed for human occupancy.
A.
Permitted projections. The following construction may project into
the required yard as established herein:
B.
Yards required for principal structures. Yards required for principal
structures are shown on Table A-2 in Appendix A.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
C.
Coverage for accessory structures. Accessory structures to residential
dwellings including, but not limited to, tool sheds and detached garages
shall not exceed 30% of the total area of the rear yard combined,
measured between the side yards, the rear wall of the dwelling and
the rear property line.
D.
A detached minor garage, minor parking area (or carport), garden
tool house or any other permitted accessory structure may be located
within the rear yard in any district, provided that such accessory
structure is located not less than 10 feet from the side or rear lot
lines and not closer to a street right-of-way line than the required
building setback line and provided, further, that such accessory structure
shall not occupy more than 30% of the area of the required rear yard.
With regard to garden tool houses, the minimum separation from side
and rear lot lines shall be five feet, provided that the side wall
of the structure does not exceed six feet in height and the structure
does not exceed 100 square feet in total floor area; otherwise, such
tool houses shall not be placed in required yard areas.
E.
No permanent accessory structure shall be constructed in any easement
or right-of-way.
F.
No part of a yard or other open space required around any building
for the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space similarly required
for another building.
The height limitations of this chapter shall not apply to flagpoles,
church spires, belfries, domes or similar projections not used or
intended for human occupancy nor to chimneys, ventilators, skylights,
conveyors, standpipes, derricks, water tanks, bulkheads, silos, and
other necessary mechanical and operational apparatus which are usually
carried above the roof level. These exceptions exclude cellular transmission
towers, wind conversion energy systems, and amateur ham radio antennas
in residential districts.
No living quarters shall be provided for in a cellar, as defined
herein.
If a recorded plat shows a front building line which exceeds the minimum required by this chapter, in any Article VI zoning district a single-family dwelling may be constructed in accordance with that recorded building line without a variance where such use is permitted. Any lot of record which exhibits additional nonconformities shall be further regulated by the applicable provisions of Article VIII.
A.
Except where otherwise provided herein, after the effective date of this chapter, every use of land and every structure shall be located on a zoning lot as herein defined, and not more than one principal structure shall occupy such zoning lot, unless it is part of a condominium development proposed in accordance with §§ 190-632 and 190-633 et seq. of this chapter, an age-restricted community proposed in accordance with § 190-503I, or a land development which proposes two or more residential buildings containing multifamily dwellings on a single zoning lot.
[Amended 11-16-2022 by Ord. No. 954]
(1)
B.
More than one industrial, commercial or institutional building may be erected upon a single lot in districts permitting such land uses; however, the yards and open spaces required around the boundaries of each such lot or tract shall not be encroached upon by such buildings, nor shall there be any change in the intensity of use requirements. Such additional structures shall be so arranged that future subdivision is readily possible without seeking a modification to Chapter 156, Subdivision and Land Development, or a variance to this chapter, and is in compliance with all setback and parking requirements for such structures on single zoning lots.
Any use involving, as a principal part of the conduct of business,
the use or servicing of motor vehicles, including, but not limited
to, an automotive repair or service station, automotive sales facility,
car wash, repair garage, community or public garage or parking area,
distribution plant or warehousing, freight or truck terminal, shall
be so located that no vehicular entrance or exit shall be closer than
300 linear feet measured centerline to centerline to an entrance or
exit of any elementary or secondary or vocational school, playground,
church or public library located on the same side of a street or right-of-way
or within 150 feet of the nearest property line of any lot in a residential
district. Similarly, no entrance or exit to any elementary or secondary
or vocational school, playground, church or public library shall be
located closer than 300 linear feet measured centerline to centerline
to a vehicular entrance or exit of such use as listed herein.
Recreational vehicles, as defined within the terms of this chapter,
may be parked or stored subject to the following requirements:
Fences, hedges or other plantings, structures or walls shall
not be located on corner lots so as to obstruct the vision of vehicle
operations across the corner lots. The height of such objects is hereby
restricted to three feet from pavement grade within the sight triangle
(the area formed by extending seventy-five-foot lines along the center
lines of two streets from the point of intersection of the center
lines and joining termini of the seventy-five-foot lines to form a
triangle).
A.
No lot or premises shall be used as a garbage dump or a refuse area
including the disposal of construction material. No manure, rubbish
or miscellaneous refuse shall be stored in the open within any district
where the same may be construed as a menace to public health, safety
or welfare.
B.
Outdoor storage of garbage, rubbish, trash, refuse, junk or discarded
articles is prohibited in every zoning district, except that garbage
and rubbish stored in appropriate containers originating from and
stored upon single-family and multifamily residence zoning lots is
permitted, provided that such garbage and rubbish is removed from
the premises not less often than weekly. Manure may be stored outdoors
on lots zoned RR Rural Resource where it does not constitute a health
hazard. In the RR District, feed lots shall be a minimum of 300 feet
from the lot line of a lot zoned R Residential.
C.
In every zoning district, every building containing five or more
dwelling units may contain a refuse room or areas or, in the alternative,
erected on the same zoning lot a separate, totally enclosed structure
with a roof and concrete floor area designed consistent with the design
of the principal building, for the storage of such articles. The size
of such room, area or separate structure shall be sufficient to accommodate
the maximum volume of such discarded articles originating from the
principal and accessory buildings and the zoning lot where situated.
The size and location of such refuse room area or separate structure
shall be subject to the approval of the Township Planning Commission
as part of the site review of the land development plan.
Commercial vehicles, including trucks in excess of one-ton capacity,
tandems, tractor-trailers, tractors or other commercial or construction
or cargo-moving vehicles or equipment, shall not, under any conditions,
be stored or parked overnight in any R Residential District, other
than on construction sites for an approved subdivision or land development,
on sites for which a valid grading, zoning or building permit is in
effect or on sites which are being used for agriculture, as defined
by this chapter.
Private swimming pools, permanently fixed (in-ground) or portable
(above-ground), capable of containing water to a depth of any point
greater than two feet, but not including farm ponds or open tanks,
are permitted as accessory structures in all residential zoning districts,
provided that:
A.
The pool and any structure accessory thereto, including cabanas,
decks, patios and similar features, shall be located in the side or
rear yard a minimum distance of 20 feet from any property line;
B.
The pool and any structure accessory thereto are completely enclosed
by a fence at least four feet in height to protect persons or animals
from trespassing and to assure that they are not subject to danger
or harm; and
C.
All openings in the fence are equipped with gates or doors equipped
with a spring-loaded latch located a minimum of four feet above the
adjacent ground, which shall be locked when not in use.
(1)
Pools extending four feet or more above ground grade shall be
exempt from the fencing requirement, provided that the pool has removable
or retractable steps or ladders which are removed or retracted at
all times when the pool is not in use.
(2)
Retractable or removable steps or ladders on aboveground pools
shall be retracted or removed when not in use, unless the entire pool
is completely enclosed by a minimum four-foot fence.
Community or club swimming pool shall be any pool constructed
by an association of property owners or by a private club for use
and enjoyment by members of the association or club and its families.
Community and club swimming pools shall comply with the following
requirements.
A.
The pool shall be intended solely for the enjoyment of the members,
families and guests of members of the association or club under whose
ownership or jurisdiction the pool is operated.
B.
The pool and accessory structures thereto, including the areas used
by the bathers, shall not be closer than 100 feet to any property
line of the property on which they are located.
C.
The swimming pool and all of the area used by the bathers shall be
so walled or fenced as to prevent uncontrolled access by children
from the street or adjacent properties. Said fence or wall shall not
be less than six feet in height and shall be maintained in good condition.
The area surrounding the enclosure, except for the parking spaces,
shall be landscaped with grass, hardy shrubs and trees, and maintained
in good condition.
A.
Private stables.
(1)
In any zoning district, a private stable may be permitted on
a tract of land containing not less than three acres. One horse (or
pony) shall be permitted for the first three acres of land and one
additional horse (or pony) shall be permitted for each additional
acre of land. Foals which are less than six months old shall not be
counted in the maximum number of horses or ponies permitted per acre.
Foals which are six months old or older shall be counted.
(2)
A private stable shall be for the personal use of the owner
and shall not involve rental, boarding or any other profit-making
activity.
(3)
All stables shall be located as far from property lines as is
reasonable, and in no case shall a stable be located closer than 100
feet to any occupied dwelling other than the stable owner's dwelling.
(4)
No grazing shall be permitted closer than 50 feet to any occupied
dwelling.
(5)
A stable owner shall not permit litter and droppings from the
horses (or ponies) to collect so as to result in the presence of fly
larvae or objectionable odors.
(6)
The property shall be adequately fenced to properly enclose
the horses (or ponies) and to protect adjacent properties.
(7)
A copy of an approved manure management plan shall be submitted.
B.
Hobby farms.
(1)
In any zoning district, a hobby farm may be permitted on a tract
of land containing at least three acres but less than 10 acres. Hobby
farms may include any of the activities defined as an agricultural
operation in this chapter. The hobby farm shall be restricted to personal
use and enjoyment, and any sale of animals or produce shall not constitute
the principal economic activity of the residents of the hobby farm.
(2)
Roadside stands for the sale of farm products and advertising
for the sale of products raised on the hobby farm or agricultural
operation in the area shall not be permitted.
(3)
The number of animals maintained on a hobby farm, if any, shall
be reasonably related to the size of the property, the area available
for grazing and the capacity of the land to sustain the animals without
creating a nuisance.
(4)
Buildings in which animals are kept shall be located as far
from property lines as is reasonable, and in no case shall such buildings
be located closer than 100 feet to any occupied dwelling other than
the hobby farmer's dwelling.
(5)
No grazing shall be permitted closer than 50 feet to any occupied
dwelling.
(6)
If animals are kept on the hobby farm, the property shall be
adequately fenced to properly enclose the animals and to protect adjacent
properties.
(7)
A copy of an approved manure management plan shall be submitted.
No principal building or accessory building shall be located
within 40 feet of the existing right-of-way line or within 90 feet
of the center line of a collector or arterial roadway, as defined,
whichever results in the deeper front yard, of any of the following
major highways:
For any structure or use other than a single-family dwelling, two-family dwelling or an accessory use or structure in any zoning district, the Zoning Officer shall not issue a zoning permit for the establishment of a new use or the construction of a new structure on any property unless a land development plan has been approved in accordance with the procedures and requirements of Chapter 156, Subdivision and Land Development. Any addition to or enlargement of a nonresidential structure which constitutes either a 50% increase in the gross floor area of the building or a total addition of 5,000 square feet shall require submission and approval of a land development plan as a prerequisite for obtaining a zoning permit.
For the purpose of expediting applications and reducing site design and development costs, an informal pre-application conference, where the owner/applicant submits a concept plan in accordance with requirements for minor land developments in Chapter 156, Subdivision and Land Development, shall take place during a regularly scheduled Planning Commission meeting.
A.
In all districts, in connection with every industrial, business,
institutional, recreational, residential or other use, there shall
be provided, at any time any building or structure is erected or is
enlarged or increased in capacity, off-street parking spaces for vehicles
in accordance with the following requirements:
(1)
Parking space dimensions.
(a)
Perpendicular and angled parking spaces shall have minimum rectangular
dimensions of 10 feet in width, 18 feet in length and a minimum of
180 square feet of area, exclusive of access aisles, and curbs.
(b)
Parallel parking spaces shall have minimum rectangular dimensions
of 10 feet in width and 22 feet in length, exclusive of access aisles,
and curbs.
(2)
Access aisle dimensions.
(a)
Single-lane one-way access aisles for parallel parking shall
be a minimum of 12 feet in width.
(b)
Single-lane one-way access aisles for forty-five-degree-angled
parking shall be a minimum of 13 feet in width.
(c)
Single-lane one-way access aisles for sixty-degree-angled parking
shall be a minimum of 17 1/2 feet in width.
(d)
Access aisles for ninety-degree-perpendicular parking and two-lane
two-way travel shall be a minimum 24 feet in width.
(e)
Angled parking, other than ninety-degree, shall have access
aisles restricted to one-way traffic lanes, permitting head-in parking.
(f)
No driveway, access aisle or street used for interior circulation
shall have traffic lanes less than 12 feet in width.
(g)
Drive-through lanes for service and commercial uses shall be
a minimum of 10 feet in width.
(h)
Single lane access aisles shall be separated from any right-of-way
line or property line by a landscape strip a minimum of 10 feet in
width, except where the ingress or egress to the parking area may
cross the landscape strip or a shared driveway or primary access driveway
is proposed.
(i)
Shared driveways and access drives are encouraged and preferred
in order to eliminate left turn movements across opposing traffic.
(j)
When two adjacent property owners agree to combine access points,
the Township may grant an incentive, in which case the required number
of parking spaces would be reduced by 15% for each development.
(k)
The shared driveway or access drive midpoint or centerline should
be the concurrent with the property line between two parcels.
(l)
Shared driveways and access drives shall meet the minimum Township
driveway standards.
(m)
Driveways and curb cuts shall have direct alignment with driveways
and curb cuts on opposite lots. This requirement may be waived if
a direct alignment will create a sight distance problem.
(n)
All required parking spaces shall be provided on the same lot
with the principal use generating the need for parking, or by agreement
with adjacent property owners on adjacent properties.
(o)
When several uses are proposed on the same lot, the parking
requirements for each of the uses shall be calculated separately.
(3)
Interconnection of off-street parking areas.
(a)
To reduce the number of curb cuts along public streets in developing
areas and commercial corridors, parking areas shall be connected to
adjacent parcels through rear or side yard access drives constructed
parallel to the public street. In the event the adjacent property
has an existing development, the owner/developer of the proposed land
development shall design an interconnection with the adjacent property.
The owner of the proposed development may request a waiver of this
provision if it can be shown that the interconnection is not feasible
or that the adjacent owner will not consent to a reciprocal ingress
and egress arrangement.
(b)
The interconnection of off-street parking areas shall provide
improved interior circulation and a secondary point of access to development
sites while pass-through traffic remains on the collector or arterial
roadway.
(c)
Access drives shall be constructed in accordance with the Township
roadway and driveway standards based on anticipated volumes.
(4)
Required parking areas shall be constructed to the following
minimum standards:
(a)
Parking areas with five or more parking spaces shall be graded
for proper drainage and surfaced as to provide a durable and dustless
surface constructed of asphalt, concrete, prefabricated pavers or
equivalent surface approved by the Township.
(b)
A stormwater management plan, consistent with the Township's
stormwater management requirements, is required if there are 11 or
more parking spaces.
(c)
For all parking areas with five or more spaces, the entire street
frontage, except where ingress or egress points are proposed, shall
be curbed to restrict access to the parking area. This requirement
is subject to receiving approval from the Pennsylvania Department
of Transportation where the parking abuts a commonwealth-owned and
-maintained right-of-way.
(d)
All parking areas requiring five or more spaces shall provide
clearly delineated space utilizing painted lines, markers or wheel
stops.
(e)
Parking spaces shall be provided with bumper guards or wheel
stops, where necessary, for pedestrian safety or the protection of
adjacent structures, property or landscaping.
(f)
Where unique site conditions or circumstances exist, the Township
may recommend approval of alternate designs and the Board of Commissioners
may approve the use of alternate designs and materials for parking
and overflow parking areas.
(g)
Parking areas for uses requiring greater than 100 spaces shall
be designed and constructed in modules separated by low-level landscaping,
a landscaped pedestrian walkway, or a defined access drive.
(h)
The size of any parking area module shall be limited to 50 vehicles.
(i)
Planted terminal islands with exterior pole-mounted lighting
shall be installed at both ends of each row of parking.
(j)
No more than 50 parking spaces shall be provided in an unbroken
row without the provision for internal or terminal landscape islands.
(k)
Terminal and internal landscape islands shall be a minimum of
10 feet wide with a total area of 160 square feet of landscape area.
(l)
A landscaped divider strip, a minimum of 10 feet in width, shall
be placed at every third row of adjoining parking to prohibit traffic
movement across parking aisles.
B.
Parking requirements by use. Determination of number of required
parking spaces. The minimum number of parking space required are listed
by use.
|
Table 623 - Required Minimum Parking Spaces by Use
| ||
|---|---|---|
|
Use
|
Minimum Number of Required Spaces
| |
|
Agriculture floor
|
None except 1 for every 200 square feet of gross area of buildings
used for the sale of products produced on premises
| |
|
Amusement park
|
1 for every 200 square feet of gross land area, plus 1 for every
3 persons that the outdoor facilities are designed to accommodate
when used to maximum capacity
| |
|
Automotive gas/convenience
|
1 for every 100 square feet of gross floor area; 1 for each
fuel dispense, 2 for each service island for reserve stacking space
| |
|
Automotive repair
|
3 for each bay in addition to 1 for each employee on the largest
shift
| |
|
Automotive sales including but not limited to passenger vehicles,
trucks, heavy equipment, ATV and motorcycles
|
1 for every 2,000 square feet of net lot area excluding landscaping
(excluding automobile display area)
| |
|
Bed-and-breakfast
|
1 for each sleeping room, plus 2 for the permanent residents,
plus 1 for each employee on the largest shift
| |
|
Bowling alley
|
4 for each lane
| |
|
Bulk fuel storage
|
1 for each employee on a peak shift, but not less than 1 for
each employee, plus 1/4 space for every seat
| |
|
Cemetery
|
1 for each employee, plus 1/4 space for every seat
| |
|
Clubs, bars or taverns
|
1 for every 150 square feet of gross floor area
| |
|
Commercial kennel
|
1 for every 400 square feet of gross floor area, but not less
than 4
| |
|
Community center
|
1 for every 150 square feet of gross floor area
| |
|
Contractor's yard
|
1 for every 1,000 square feet of gross floor area plus 1 for
every 1,000 square feet of outdoor storage area
| |
|
Convention or exposition center
|
1 for every 3 1/2 seats for areas with fixed seating, plus
1 for each 100 square feet of assembly area of display area without
fixed seating, plus 1 for every 2 employees on the largest shift
| |
|
Dance or martial arts school
|
1 for every 200 square feet of gross floor area
| |
|
Day-care center
|
1 for each employee on the largest shift, plus 1 for every 6
persons based on regulated maximum capacity
| |
|
Drive-in establishment (unless otherwise specified)
|
1 per employee on the largest shift, plus 8 reserve stacking
spaces for the first drive-through window, 5 reservoir stacking spaces
for each additional window
| |
|
Emergency services (public or private)
|
1 for each emergency vehicle, plus 1 for each employee on the
largest shift
| |
|
Financial institution
|
1 for each 300 square feet of gross floor area, plus reservoir
stacking spaces for each drive-up teller
| |
|
Golf course
|
4 for each green, plus 50% of the requirements for other associated
use
| |
|
Government facilities
|
1 space for each employee on the largest shift, plus additional
spaces as determined from a parking analysis based on the highest
occupant load for uses by the public
| |
|
Greenhouse, retail
|
1 1/2 for every 1,000 square feet of gross floor area
| |
|
Group care facility
|
1 for every 2 employees on largest shift plus 3 visitor spaces
| |
|
High school
|
3 for each classroom and administrative offices, plus 1 for
every 4 students or 1 for every 4 seats in places of assembly or facilities
available to the public, which requirement is greater
| |
|
Home-based business
|
Required spaces for the dwelling unit
| |
|
Hospital, medical center or treatment facility
|
1 3/4 for each bed, plus 1 for every 175 square feet of
office, clinic or exam room space, plus 1 for every facility
| |
|
Indoor entertainment facility
|
1 for every 100 square feet of gross floor area
| |
|
Indoor recreation
|
1 for every 200 square feet of gross floor area, plus 1 for
each employee on largest shift
| |
|
Industrial
|
1 for every 1,250 square feet of gross floor area, plus 1 for
every 350 square feet of gross office or sales area
| |
|
Industrial, light
|
1 for every 1,000 square feet of gross floor area, plus 1 for
every 350 square feet of gross office or sales area
| |
|
Library, art gallery or museum
|
1 for every 600 square feet of gross floor area open to the
public
| |
|
Logging or forestry operation
|
None
| |
|
Machine and repair shop appliances
|
1 for every 1,250 square feet of gross floor area, plus 1 for
every 350 square feet of gross office or sales area
| |
|
Mini-warehouse (self-storage)
|
1 for every 100 storage units, plus 1 for each employee on largest
shift
| |
|
Mortuary/funeral home
|
1 for every 6 chapel or parlor seats
| |
|
Motel, hotel
|
1 for each sleeping room, plus 1 space for each employee on
largest shift
| |
|
Multiple-family dwelling
|
1 1/3 spaces for each unit with 2 bedrooms or less, and
2 for each unit having more than 2 bedrooms
| |
|
Nursery school, elementary school, junior high or middle school
|
3 for each classroom and administrative office or 1 space for
every 4 seats in places of assembly available to public, whichever
requirement is greater
| |
|
Offices, including clinic, medical/dental
|
1 for every 350 square feet of gross floor area
| |
|
Office or outpatient facility area
|
1 for every 200 square feet of gross floor area
| |
|
Photographic studio
|
1 for every 300 square feet of gross floor area
| |
|
Printing or publishing
|
1 for every 1,000 square feet of gross floor area, plus 1 for
each 350 square feet of gross office or sales area
| |
|
Public or private recreation facility (including but not limited
to tennis, fitness, health, swimming, agritourism)
|
1 for every 100 square feet of interior gross floor area recreation
or entertainment area plus 1 space per 1/2 acre of site area
| |
|
Public utility facility
|
1 space for every 250 square feet of gross office plus 1 for
every 1,000 square feet of gross floor area of any other use
| |
|
Recycling collection facility
|
1 for each commercial vehicle operated by the facility, plus
sufficient spaces to accommodate the peak load of customers
| |
|
Religious establishment
|
1 for every 4 seats in places of assembly
| |
|
Research and development facility which contains no industrial
assembly warehousing, storage or transfer
|
1 for every 350 square feet of gross floor area
| |
|
Research and development which contains industrial, assembly,
warehousing, storage or transfer facility
|
1 for each employee on the largest shift, plus 1 for each loading
dock
| |
|
Restaurant other than drive-through
|
1 for every 65 square feet of gross floor area
| |
|
Restaurant, drive-through
|
3 for every 100 square feet of gross floor area
| |
|
Retail business or shopping center
|
1 for each 200 square feet of gross floor area
| |
|
Riding academy
|
1 for each horse stall
| |
|
Showroom/warehouse sales, carpet furniture storage
|
1 space for every 40 square feet of showroom or offices, plus
1 space for every 1,000 square feet of gross storage or warehouse
space
| |
|
Single-family dwelling
|
2 for each unit
| |
|
Solid waste disposal site, incinerator
|
As determined by the Township following a parking analysis
| |
|
Specialty retail including but not limited to antique shop,
sporting goods and electronics
|
1 for each 200 square feet of gross floor area
| |
|
Telecommunications tower
|
2 for each tower
| |
|
Trade school, college or university
|
1 for every 2 students based on design capacity of building,
as approved by the Township
| |
|
Transportation service (including, but not limited to bus garage,
taxicabs, etc.)
|
1 for each vehicle stored on the site, plus 1 space for each
employee on the peak shift
| |
|
Tree nursery plus
|
1 for each staff position during the peak shift, sufficient
spaces to accommodate the peak load of customers
| |
|
Truck or freight terminal
|
1 for every 350 square feet of gross office area, plus 1 for
every 1,000 square feet of gross floor area of any other use
| |
|
Vehicle rental
|
1 for every 700 square feet of gross floor area, plus 1 for
every 400 square feet of office, sales and other space to be used
by customers and sales staff
| |
|
Vehicle-washing facility
|
1 for each employee, plus reservoir spaces in multiples of 6
for each bay
| |
|
Veterinary
|
1 for every 250 square feet of gross floor area
| |
|
Warehousing, storage or transfer
|
1 for every 350 square feet of gross office or sales area, plus
1 space for every 1,000 square feet of gross floor excluding office
and sales areas
| |
|
Waste transfer facility
|
As determined by the Board of Commissioners following a parking
analysis
| |
C.
Fractional numbers shall be increased to the next highest whole number
when calculating required parking spaces.
D.
Any modification or variance to the required number of parking spaces
shall be supported by a parking needs analysis. The parking needs
analysis shall document anticipated parking needs based on the combined
utilization of all facilities on site simultaneously and at full operation
or demonstrating that the hours or days of peak parking needed for
the use are so different that a lower total will adequately provide
for all uses served by the facility. The parking needs analysis shall
be prepared by a person or firm trained or certified to perform such
studies.
E.
Accessible parking requirements.
|
Total Number of Parking Spaces Required
|
Minimum Number of Accessible Spaces Required
|
Minimum Number of Van-Accessible Spaces Required
| |
|---|---|---|---|
|
1 to 25
|
1
|
1
| |
|
26 to 50
|
2
|
1
| |
|
51 to 75
|
3
|
1
| |
|
76 to 100
|
4
|
1
| |
|
101 to 150
|
5
|
1
| |
|
151 to 200
|
6
|
1
| |
|
201 to 300
|
7
|
1
| |
|
301 to 400
|
8
|
1
| |
|
401 to 500
|
9
|
1
| |
|
501 to 1,000
|
2% of total spaces
|
1 of every 8 accessible spaces
| |
|
1,001 and over
|
20, in addition to 1 for each 100 over 1,000 spaces
|
1 of every 8 accessible spaces
|
(1)
Accessible parking is as defined by the Americans with Disabilities
Act.
(2)
Valet parking facilities are not required to provide accessible
parking spaces; however, it is recommended that self-parking accessible
spaces be provided.
(3)
Accessible parking spaces shall be located on the shortest route
of pedestrian travel from adjacent parking to an accessible building
entrance.
(4)
Accessible spaces shall be dispersed and located closest to
accessible entrances of buildings with multiple entrances.
(5)
In parking facilities that do not serve a particular building
or land use, accessible parking shall be located on the shortest pedestrian-accessible
route to an accessible entrance to the facility.
(9)
Two accessible parking spaces may share a common accessible
aisle.
(10)
Parked vehicle overhangs shall not reduce the clear width of
an accessible route.
(11)
Curb ramps shall not be permitted within the required area of
accessible aisles.
(12)
Accessible and universal parking spaces shall be designed as
reserved by a sign showing the international symbol of accessibility.
(13)
Van-accessible parking spaces shall have a sign showing the
international symbol of accessibility with the phrase 'van-accessible'
below the symbol of accessibility.
(14)
Accessible signs shall be located as not to be obscured by a
parked vehicle.
(15)
Accessible parking spaces, passenger loading zones and access
aisles shall have a maximum slope and cross slope of 2%.
A.
For all business and industrial uses in the NC, CC, and IC Districts
which require the receipt or distribution by vehicle of material or
merchandise, off-street loading spaces shall be required in accordance
with the following ratios.
(1)
For freight terminals, industrial establishments, retail or
wholesale stores, personal or business service establishments, storage
warehouses or any similar uses which receive deliveries, off-street
loading berths shall be required as follows:
|
Gross Floor Area
(square feet)
|
Number of Berths Required
| |
|---|---|---|
|
Under 10,000
|
None
| |
|
10,000 to 19,999
|
1 berth
| |
|
20,000 to 39,999
|
2 berths
| |
|
40,000 to 65,000
|
3 berths
| |
|
For each additional 20,000
|
1 additional berth
|
(2)
For auditoriums, convention or exhibit halls, sports facilities,
hotels and motels, office buildings, restaurants, nursing homes, hospitals,
schools, apartment buildings, public buildings and similar uses which
receive deliveries, off-street loading berths shall be required as
follows:
|
Gross Floor Area
(square feet)
|
Number of Berths Required
| |
|---|---|---|
|
Under 40,000
|
None
| |
|
40,000 to 59,999
|
1 berth
| |
|
60,000 to 99,999
|
2 berths
| |
|
100,000 to 160,000
|
3 berths
| |
|
Over 160,000
|
4 berths
|
B.
Each loading space shall be a minimum of 12 feet in width and 35
feet in length, with an overhead clearance of 14 feet. The area used
for loading spaces shall not be used to satisfy off-street parking
requirements.
C.
All loading spaces shall be on the same lot as the principal use
which they are intended to serve. No loading space shall be permitted
in a required front yard. Loading spaces shall be located at least
30 feet from the nearest point of intersection of any two streets.
D.
Loading spaces which face lots developed or undeveloped zoned for
residential use shall be screened by a six-foot-high hedge, wall or
fence along the perimeter property lines.
The provisions of this chapter shall not be held to prohibit
the parking of automobiles of occupants, customers, patrons or guests
in a driveway within any required yard.
A.
Shared parking: Parking requirements can be reduced by up to 50%
in the NC Neighborhood Commercial District if the developer/property
owner can reach a written agreement with an adjacent or approximate
(within 150 feet of the nearest primary public access building entrance)
property owner of a compatible use. A compatible use would be defined
as a use which is proven to have excess parking, greater than the
requested parking reduction, during the peak parking demand hours
of the subject development based on use characteristics. A continuous
ADA accessible path must be provided from the shared parking lot to
the nearest primary public access building entrance. A plot plan which
identifies said shared spaces, accompanied by a signed statement between
property owners entering into such agreement shall be submitted to
the Penn Township Director of Community Development for approval.
B.
Remote parking: Parking can be provided off-site (on a separate lot)
in the NC District within 250 feet of the nearest primary public access
building entrance generating the need for such parking. A written
agreement shall be required to ensure the maintenance of the remote
parking lot until the required number of parking spaces per this chapter
is constructed on the subject lot or a permanent reciprocal parking
agreement is recorded. Remote parking includes constructing new public
parking spaces in a municipal parking facility, leasing private parking
spaces in a public or private parking facility, or acquiring a joint
development agreement with another property owner for the provision
and maintenance of additional parking spaces on their property. A
continuous ADA accessible path must be provided from the shared parking
lot to the nearest primary public access building entrance.
Temporary construction trailers or equipment storage sheds,
model homes or sales offices shall be permitted in any zoning district
subject to the following conditions:
A.
Temporary construction trailers or storage sheds shall be permitted
only during the period that the construction work is in progress.
Model homes or sales offices shall be permitted only until the last
lot or dwelling unit in the final phase of the development is sold.
A permit for the temporary structure or use shall be obtained from
the Zoning Officer prior to the commencement of construction and shall
be renewed annually for multiphase developments.
B.
Temporary construction trailers or storage sheds shall be located
on the lot on which the construction is progressing and shall not
be located within 15 feet of any property line adjoining a residential
use.
C.
Temporary construction trailers or sheds shall be used only as temporary
field offices and for storage of incidental equipment and supplies
and shall not be occupied as a dwelling unit.
D.
No combustible materials shall be stored in temporary construction
trailers or storage sheds.
E.
Model homes shall be located on a separate lot and shall meet all
the dimensional requirements for permanent dwellings in the zoning
district in which they are located. Sales offices may be located in
a model home or may be located in a trailer located on a vacant lot
in the plan or on the site of construction. If the sales office is
located in a trailer, the trailer shall not be located within 15 feet
of any property line adjoining an occupied residential use.
F.
Model homes or sales offices located in a trailer shall not be utilized
for any dwelling use whatsoever during the time they are approved
as a temporary use or structure in accordance with the provisions
of this section.
G.
Model homes or sales offices shall be used primarily for sales associated
with the development in which they are located and shall not be used
as the only place of business for the listing realtor.
Every use in the NC, CC and MDR Districts shall, at the time
of their development, have all proposed on-site utilities servicing
the use installed underground.
A.
Application procedure. An application for conditional use approval
for surface mining where such uses are permitted shall include a written
certified application of the person proposing to remove or cause removal
of the coal, sand, gravel, limestone or other minerals excluding oil
and gas. An original and six copies of the application shall be submitted
to the Township Zoning Officer and shall include the following information,
along with copies of all approvals and permits required by commonwealth
and federal agencies concerned with the regulation of surface mining
or protection of the environment or natural resources:
(1)
The name and address of the applicant and the source of the applicant's
right to remove the coal or mineral deposit and whether applicant
is an owner, lessee, licensee or permittee. In all cases where an
applicant is not the owner, a signed and executed copy of the contract
with the owner must be attached;
(2)
The purpose of the proposed coal or minerals excluding oil or gas
removal;
(3)
The amount of coal or minerals excluding oil and gas proposed to
be removed and the area of land to be affected by the extractive activities
and type of equipment proposed on the site;
(4)
A legal description of the tract of land from which extraction is
proposed;
(5)
The depth to which such removal is to be accomplished;
(6)
The manner in which the material will be removed and a description
of any drilling or blasting which is necessary and the frequency;
(7)
The proposed hours of operation, if the application is approved,
and the number of on-site employees;
(8)
The Township and state roads to be utilized in the transportation
of the coal or minerals excluding oil and gas and the weight restricted
segments identified;
(9)
The amount and type of performance bond to be posted by the
operator and the conditions of performance for all commonwealth requirements
pertaining to reclamation and other environmental aspects and for
excess maintenance of Township roads which may be required by the
transportation of said mineral;
(10)
The duration of the surface mining operation, including the
removal of overburden, the removal of coal or minerals excluding oil
and gas and restoration of the site;
(11)
Approximate number of truckloads per day and whether by operator
contract hauler and the size of an average load by ton;
(12)
Previous experience by the applicant in surface mining, the
number of operations, the location and present status, an explanation
if performance bonds forfeited or if the applicant conducted surface
mining elsewhere under other company or corporate names;
(13)
The known effect of previous surface mine operations of the
applicant on wells or underground water supply of surrounding lands;
and
(14)
A map or maps of the site proposed to be surface mined, at a
scale of one inch equals 100 feet, containing:
(a)
A periphery survey of the entire property.
(b)
The dimensions of the area proposed for surface mining.
(c)
Topography at ten-foot contour intervals.
(d)
The location of the property in relation to existing houses,
major roads, parks and public institutions.
(e)
The names and addresses of all property owners within a radius
of 500 feet of the perimeter of the area proposed for surface mining.
(f)
Provisions for screening, fencing and landscaping where proposed
to protect adjacent properties.
[Amended 2-21-2018 by Ord. No. 919]
A.
Landscape and bufferyard standards are intended to provide natural
transition areas between developed lots, tracts and parcels. The standards
will facilitate this in the following ways:
(1)
General landscaping standards are intended to assist in the
development of more attractively landscaped outdoor spaces and provide
for a greater sense of continuity within individual developments.
(2)
The parking lot landscaping requirements should result in more
shade, reduced glare and heat build-up, and lessen the visual monotony
created by large expanses of pavement and parked cars.
(3)
Bufferyard standards, requiring appropriate buffers between
incompatible land uses, will reduce negative impacts of more intense
uses relative to less intense adjacent uses.
B.
Bufferyards shall only apply where dissimilar uses are adjacent to
one another; see Table B-1, Bufferyards - Land Use Matrix.
C.
Specific landscape standards and criteria are provided in § 156-24 of the Penn Township Subdivision and Land Development Ordinance.
|
Table B-1 Bufferyards
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Land Use Matrix
| ||||||||
|
Existing Land Use
| ||||||||
|
Proposed Land Use
|
Single-Family Residential
|
All Other Residential Uses
|
Agriculture and Forestry (11)
|
Retail Trade (44-45)
|
Office and Other Services (51-92)
|
Construct- ion, Manufact- uring, Transport- ation and Warehous-
ing (23-42 and 48-49)
|
Mining, Quarrying and Waste Manage- ment (21 and 562)
|
TND
|
|
Single-Family Residential
| ||||||||
|
All Other Residential Uses
|
 | |||||||
|
Agriculture and Forestry (11)
| ||||||||
|
Retail Trade (44-45)
|
|
|
| |||||
|
Office and Other Services (51-92)
|
|
|
| |||||
|
Construct- ion, Manufact- uring, Transport- ation and Warehous-
ing (23-42 and 48-49)
|
|
|
|
|
|
| ||
|
Mining, Quarrying and Waste Manage- ment (21 and 562)
|
|
|
|
|
|
| ||
|
TND
|
|
|
|
|
|
|
| |
A.
Any portion of a lot once used as a yard or as lot area in compliance
with the area requirements of the district regulations of this chapter
shall not be counted again as required yard or lot area for another
structure.
B.
On a through lot, the rear yard depth shall be not less than but
need not exceed the required depth of front yard in the district in
which such lot is located.
C.
No zoning lot which is a lot of record in an approved subdivision
shall be used as part of a public street right-of-way to provide access
to adjoining undeveloped property.
D.
Screening.
(1)
In R Residential Zoning Districts, a screening wall or fence
no more than six feet in height may be erected in any required side
or rear yard or within the buildable area of the zoning lot. Decorative
fences which are at least 50% see-through and which are no higher
than four feet may be erected in the required front yard of a residential
zoning lot, provided that they are at least five feet from the street
right-of-way. In the event that the municipality must perform work
within the street right-of-way which requires the removal of the aforesaid
fence or screen wall, the property owner shall be responsible for
the removal and replacement of the same. A fence not exceeding 12
feet in height may be built in any required yard for schools, playgrounds
or parks.
(2)
In commercial or industrial districts, a fence not exceeding
10 feet in height (except as otherwise provided for herein) may be
built in any required side or rear yard.
E.
Public service lines for the transportation and distribution and
control of water, sewer and storm water, electricity, gas, oil, steam,
telegraph and telephone communications or railroad tracks and supporting
members, other than buildings proposed for human occupancy or storage
of vehicles or maintenance equipment, shall not be required to be
located on an individual zoning lot nor be held to reduce the required
yard dimensions for other structures on a lot.
A condominium ownership arrangement for multiresidential uses is permitted in the MDR, NC and CC Districts, as permitted uses subject to the area requirements and related standards set forth in Article IV and Article VI. Further, said condominium proposal shall comply with this chapter where multiple condominium buildings are proposed on a single parcel.
A.
Any proposed condominium whether to be created by new construction
or by the conversion of existing occupied multifamily buildings shall
first be reviewed and recommended to the Board of Commissioners of
Penn Township, by the Penn Township Planning Commission, and shall
be given final approval by the Board of Commissioners of Penn Township
prior to the issuance of a zoning/building or occupancy permit.
B.
Condominium plans and proposals must include, in addition to all
other applicable requirements, the following:
(1)
Upon receiving a recommendation for approval by the Planning
Commission, the plan and proposal will be forwarded to the Board of
Commissioners. The recommendation for approval or denial shall be
accompanied by findings and comments from the Planning Commission.
(2)
After the Board of Commissioners has approved the proposal,
duly certified copies shall be distributed as follows. A denial of
the condominium proposal shall not require the distribution of application
materials:
C.
Approval of a condominium proposal.
(1)
Upon a declaration of recommended approval by the Planning Commission,
the plan and proposal will be forwarded to the Board of Commissioners.
Such a declaration shall include the recommendation for approval or
denial.
(2)
After the Board of Commissioners has approved or denied the
proposal, duly certified copies shall be distributed as follows:
D.
Where existing structures are to be converted to a condominium, the
following shall apply:
(1)
Where a dwelling unit in which two or more persons are living
independently of each other is intended for conversion by the owner
or owners into a condominium, the occupants of such dwellings shall
not be required to vacate the dwelling until the expiration of the
lease.
(2)
All provision restrictions and benefits as applied to newly
constructed condominiums as set forth in provisions shall apply to
a converted condominium.
Gardens for raising flowers, shrubbery, trees, fruit or vegetables
for personal enjoyment and not for resale are permitted in any district
and may extend into the required front, side and rear yards.
A.
Compliance. No use, land or structure in any district shall involve
any element or cause any condition that may be dangerous, injurious
or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration,
glare, excessive traffic, attract vermin or rodents or constitute
a nuisance or be a detriment to the health, safety, moral or general
welfare of the community or to any other person or property in the
Township. All uses in all districts shall be subject to the following
standards of operation.
B.
The developer shall determine the presence of environmental or natural
features on any site proposed for land development and shall meet
the following standards for environmental protection. Site alterations,
erosion and sedimentation control, regrading, filling, the clearing
of vegetation or timbering and forestry activities with applicable
and current permit issued by the appropriate federal, commonwealth
or local agency prior to approval of the plans for development shall
be a violation of this section.
(1)
Floodway delineation. One-hundred-year floodways shall be delineated
as per the provisions of the current Township regulations. Within
the floodway, the following uses and activities having a low flood
damage potential and not obstructing flood flows shall be permitted,
provided that they are in compliance with the provisions of the underlying
district and are not prohibited by any other ordinance, and do not
require structures, fill or storage of materials and equipment:
(a)
Agricultural uses;
(b)
Public and private recreational uses and activities such as
parks, picnic grounds, hiking and horseback riding trails, wildlife
and nature preserves, hunting and fishing;
(c)
Accessory residential uses such gardens and play areas without
permanently affixed structures.
(d)
Parking lots and areas.
(2)
Floodplains. For the purpose of this section, on normally dry
land area adjacent to stream channels that is susceptible to being
inundated by overbank stream flows, development activities shall be
regulated as per the provisions of the current Township floodplain
management standards.
(3)
Steep slopes. In areas of steep slopes defined as slopes above
15%, the following standards shall apply, except as may be approved
by the Township Engineer:
(4)
Forest. No more than 50% of any forest as defined may be cleared
or developed, unless trees are the primary crop being harvested. Where
timber harvesting is proposed, a woodlot management plan shall be
submitted prior to any tree removal.
(5)
Ponds, watercourses or wetlands. No development, filling, piping
or diverting shall be permitted except for required roads and utility
line extensions, unless permitted by the appropriate commonwealth,
county or regulatory agency.
C.
Odor. Those standards for the control of odorous emissions established
by the Pennsylvania Department of Environmental Protection (PADEP)
shall be applied in all zoning districts. Where an odor is deemed
offensive a duly authorized Township representative shall refer the
matter to the Pennsylvania Department of Environmental Protection
(PADEP) where it has jurisdiction relative to an established airshed.
D.
Storage and waste disposal.
(1)
No highly flammable, explosive or toxic liquids, solids or gases
shall be stored in bulk (over 500 gallons), above ground, except in
an enclosed building and except new tanks or drums of fuel connected
directly with energy devices or heating appliances located and operated
on the same lot as the tanks or drums of fuel.
(2)
All new permanent bulk outdoor storage facilities for fuel over
500 gallons, raw materials and products and all fuel, raw materials
and products stored outdoors, shall be enclosed by safety fence approved
by the property owner's insurance carrier.
(3)
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transported off the lot by natural
causes or forces; nor shall any substance which can contaminate wells,
public or private watercourses, or public or private potable water
supplies otherwise render such wells, watercourses, or potable water
supplies undesirable as sources of water supply or recreation; nor
shall any substance which will destroy aquatic life be allowed to
enter any wells, watercourses, or potable water supplies. A Pennsylvania
Department of Environmental Protection approved plan for spill containment
shall be submitted to the Township for review by the Township Engineer
prior to the issuance of any required permit for storage or disposal.
(4)
Any materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers designed to eliminate such hazards.
E.
Air pollution. No emission at any point from any chimney or exhaust
fan, of visible smoke or particulate material in excess of that permitted
by the air pollution control regulations of the commonwealth agency
with jurisdiction, shall be permitted.
F.
Dust, fumes, vapors, and gases. The emission of dust, dirt, fly ash,
fumes, vapors or gases which can cause any damage to human health,
to animals, to vegetation, or to property or which can cause any soiling
or staining of persons or property at any point beyond the property
line of the use creating the emission is herewith prohibited.
G.
Glare. No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light or employ unshielded illumination sources
beyond its property lines or onto any public road right-of-way. Spillover
lighting from parking areas shall not exceed two footcandles per square
foot beyond the property line.
H.
Vibrations. No use shall cause earthborne vibrations, or concussions
detectable beyond its lot lines without the aid of instruments, with
the exception of vibration displacement produced as a result of temporary
construction activity or seismic testing.
I.
Discharge.
(1)
No discharge at any point into any private sewage disposal system
or stream or into the ground, of any materials in such a way or in
such manner or temperature as can contaminate any public or private
water supply or otherwise cause the emission of dangerous, noxious
or objectionable elements, or the accumulation of solid wastes conducive
to the breeding of rodents or insects, is permitted.
(2)
Methods for discharging liquid and solid wastes to public sewers,
drains or watercourses shall comply with the provisions of the Pennsylvania
Sewage Facilities Act, Act 537 of 1968,[2] as the same may be amended from time to time, and all
applicable Township ordinances.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
J.
Heat, cold, dampness or movement of air. No activities producing
heat, cold, dampness or movement of air are permitted which shall
produce any material effect on the temperature, motion or humidity
of the atmosphere at the lot line or beyond.
K.
Noise. No new use proposed in any district which by the nature of
its use, operation or activity produces noise of objectionable character
or volume as noted by a person at the property line or as otherwise
specified of the parcel upon which the offending use is located, shall
be permitted. Maximum decibel levels shall be as follows:
(1)
Residential uses:
(a)
In excess of 60 dBA for any period of time between the hours
of 10:00 p.m. and 7:00 a.m.
(b)
In excess of 80 dBA for any period of time between the hours
of 7:01 p.m. and 9:59 p.m.
(c)
The use of maintenance equipment including, but not limited
to, power mowers, on a temporary basis, in residentially zoned districts
shall be exempt from the standards in this section.
(2)
Commercial uses: In excess of 90 dBA for more than two hours
during a twenty-four-hour period.
(3)
Industrial uses: In excess of 90 dBA for two hours during a
twenty-four-hour period.
(4)
Noise which is determined by a designated Township representative
to be objectionable because of volume or frequency shall be muffled
or otherwise controlled, except for fire sirens and related apparatus
used solely for public safety purposes. Noise in excess of 90 decibels,
or as otherwise specified as measured on a decibel or sound-level
meter of standard quality and design operated on the A-weighting scale
at a distance of 25 feet from any property line of the property on
which the noise source is located, shall not be permitted.
L.
Electrical disturbance or radioactivity. No activities which emit
dangerous radioactivity or continuous cumulative low-level radiation
at any point are permitted and no electrical disturbance adversely
affecting the operation at any point of any equipment other than that
of the creator of such disturbance shall be permitted.
M.
Maintenance of yards, adjacent undeveloped property. The owner or
lessee of the property, whether occupied or vacant located within
or adjacent to any developed area shall maintain such premises so
that:
(1)
All portions of the property shall be kept free of junk, debris,
disabled motor vehicles, and dangerous, or noxious material.
N.
Vehicle and equipment maintenance.
(1)
In industrial and commercially zoned areas, all vehicles and
movable equipment repair done on the property shall be performed within
an enclosed building, except that minor maintenance activities may
be completed on the exterior of a lot where space has been provided
for the temporary parking or storage of vehicles and movable equipment.
(2)
In residentially zoned areas, minor vehicle maintenance activities
on vehicles owned by the occupant may be conducted in driveways, but
in no case shall repairs be made on vehicles and movable equipment
which would result in the storage of said vehicles or movable equipment
on the exterior of the lot for more than 48 hours, unless said vehicles
are stored in an enclosed building.
O.
Water supply. All new water wells which provide the primary source
of potable water for the residence of the same lot shall produce at
a minimum 3.5 gallons per minute, per well, continuously.
(1)
Said standard shall also be applicable at such time that the
Township adopts a wellhead protection program.
(2)
Documentation shall be submitted to the Township which verifies
the capacity of each new well providing the primary source of potable
water.
(3)
No subdivision or land development which relies on well water
as the primary source of potable water shall be approved unless the
minimum capacity identified herein is met.
(4)
A lot with a well producing less than the required gallons per
minute may be provided with a water reservoir tank.
P.
Residential subdivisions or land developments with a maximum of 60
dwelling units proposed may be provided with only one primary point
of access. When 61 or more units are proposed, there shall be provided
a minimum of two points of direct access to the development from public
rights-of-way via roads or streets designed and constructed as per
the standards of the Penn Township Subdivision and Land Development
Ordinance.[3]
Q.
Circulation. All on-site and abutting local, collector and arterial
streets and all local, collector and arterial streets which provide
transportation access to or may be utilized, in whole or in part,
by traffic generated by the proposed development subject to land development
approval shall meet the minimum Township design and construction standards
and levels of service identified in the Penn Township Transportation
Improvement Program, incorporated herein by reference, or shall meet
such minimum levels of service within a reasonable period of time
pursuant to the Transportation Capital Improvements Plan, incorporated
as Exhibit F to Penn Township.[4]
[4]
Editor's Note: Said exhibit is on file in the Township offices.
R.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation
of the performance standards and, subject to the approval of the Township
Commissioners, may employ qualified technical experts to assist in
the determination of a violation. Costs of the services of such experts
shall be paid by the owner or operator of the facility or use accused
of the violation if the facility or use is found to be in violation.
If the facility or use is found to be in compliance with the performance
standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 190-902 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of Article IX and shall result in the revocation of the occupancy permit for the facility or use.
A.
Satellite dish antennas (greater than 31 inches in diameter). Only
one satellite dish antenna shall be permitted on a residential lot.
In all zoning districts, satellite dish antennas shall not be permitted
in front yards. In RR and MDR Zoning Districts, the maximum diameter
of any satellite dish antenna installed on any lot or on any roof
or above any building shall be six feet. In zoning districts other
than RR and MDR, the maximum diameter of any satellite dish antenna
installed on any lot or on any roof or above any building shall not
exceed 12 feet. In all zoning districts, the maximum height of any
freestanding satellite dish antenna shall be 20 feet. In all zoning
districts, no part of any satellite dish antenna shall be located
closer than 10 feet to any property line.
B.
Radio or television antennas (greater than 24 inches diameter). A
radio, ham radio or television antenna shall be permitted as an accessory
use in any zoning district, subject to the following requirements:
(1)
Radio or television antenna structure may be mounted on a roof
or installed in a rear yard area only, provided that no such structure
shall be located within 20 feet of any property line.
(2)
The maximum height for such structure shall not exceed that
otherwise allowed in the zoning district in which it is located by
more than 20 feet. If placed on a roof, any antenna exceeding eight
feet shall be mounted with guide wires.
(3)
Any such structure shall comply with applicable airport zoning
and federal communications regulations.
Canopies and similar permanent freestanding roofed structures
without walls shall be permitted to cover outdoor seasonal display
and sales areas or fuel dispensing areas accessory to authorized uses
in the NC, CC and IC Districts, provided that the following requirements
are met:
A.
Such structure shall not be attached to the principal building;
B.
Such structure shall be located at least 10 feet from any property
line or street right-of-way;
C.
Such structure shall not be enclosed; and
D.
Such structure shall be removed immediately, once the principal use
or the use of the accessory structure is discontinued.
Subject to the following:
A.
The minimum site shall be five acres.
B.
All operations shall be located at least 300 feet from any existing
dwelling.
C.
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m.,
provided, further, that such operations shall not take place during
any hours on Sundays or legal bank holidays.
E.
Routes to be used by the hauling trucks shall be approved by the
Township, and the operator shall demonstrate that there shall be no
negative impact on local roads from the proposed operation.
F.
A performance bond shall be posted in favor of and in the amount
required by the Township to guarantee restoration of local roads used
as hauling routes.
G.
Permits.
(1)
The application shall show compliance with the following laws and
regulations of the commonwealth, and all necessary permits shall be
maintained during the operation:
H.
A logging plan shall be submitted which shows, as a minimum:
(1)
The design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails and landings;
(2)
The design, construction and maintenance of water-control measures
and structures such as culverts, broad-based dips, filter strips and
water bars;
(3)
The design, construction and maintenance of stream and wetland crossings,
if any;
(4)
The general boundaries of proposed operation in relation to Township
and state roads, including any accesses to those roads;
(5)
The site location, including boundaries of the property and
boundaries of the proposed harvest area;
(6)
Significant topographic features;
(7)
The location of all earth-disturbance activities, such as roads,
landings and water-control measures and structures; and
(8)
The location of all crossings of waters of the commonwealth.
I.
Felling or skidding on or across any public street is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation (PennDOT), whichever is responsible for
the maintenance of the street.
J.
No tops of trees or debris shall be left within 25 feet of any public
street or any private road providing access to adjoining residential
property.
K.
All tops of trees and debris within 50 feet of a public street or
residential property line shall be cut to a maximum of four feet above
the adjacent ground level.
L.
No tops of trees or debris shall be left on any adjoining property
or across any property line without the consent of the adjoining owner.
[1]
Editor’s Note: Former § 190-639, Traditional neighborhood
development option, was repealed 2-21-2018 by Ord. No. 919.
Planned mixed-use commerce parks shall be subject to the following:
A.
The minimum site shall be 10 acres.
B.
The site shall be under single ownership and control at the time
of application for a planned mixed-use commerce park and shall be
planned as a unit, including proposed sites for development and means
of access to them, with the objective of minimizing the number of
points of access to existing public streets.
C.
Approval of a planned mixed-use commerce park plan which specifies
proposed uses shall encompass the approval of those uses without any
further application for a conditional use or use by special exception,
unless a use not approved as part of the planned industrial park plan
is proposed.
D.
Upon approval of a planned industrial park plan, the plan shall be
recorded in the County Recorder of Deeds office, and the future uses
of each of the lots within the recorded plan shall be permitted uses
if approved as part of the planned industrial park plan. Any use which
is not approved as part of the planned industrial park plan shall
be approved in accordance with the procedures for any permitted use,
conditional use or use by special exception authorized in the district
in which the site is located.
F.
In addition to the sign authorized for each lot in the planned industrial
park, one identification sign, containing only the name and address
of the planned industrial park and the names of the businesses located
in the park, shall be permitted at each entrance to the planned industrial
park. The maximum surface area of this sign shall be 60 square feet,
and the height and location of the sign shall be subject to the requirements
for signs in the district in which the sign is located.
G.
Off-street parking and loading areas shall be provided as required by §§ 190-623 and 624 of this chapter.
H.
The applicant shall demonstrate that the granting of the proposed
use shall not materially increase traffic congestion on adjacent roads
and highways.
A.
Oil and gas operations, which include the drilling of oil or natural gas wells in the MEO Mineral Extraction Overlay District, or the construction of compressor stations and gas processing plants in the IC Industrial Commerce District, shall be reviewed and approved by the Penn Township Zoning Hearing Board as a special exception prior to the issuance of any required Township permits. All proposals for oil and gas operations, whether listed as permitted or conditional uses, shall include the following submittal information in addition to the requirements for land developments specified in Chapter 156, Article III, § 156-18 and § 156-23 of the Penn Township Subdivision and Land Development Ordinance where such operation involves the development and operation of a natural gas compressor station or processing plant:
(1)
A health and safety impact report shall be prepared and submitted
for review with the following information:
(a)
Copies of all information submitted to the Pennsylvania Department
of Environmental Protection required for issuance of an oil and gas
operation permit.
(b)
Copies of industry standard health and safety reports for development
and operation of such facilities.
(c)
Sealed and signed affidavit from applicant's engineering consultant
that the proposed facility(ies) meets all current industry standards
and specific commonwealth standards under the Pennsylvania Oil and
Gas Act (1984, PL 1140, No. 223), as amended.[1]
[1]
Editor's Note: See 58 Pa.C.S.A. § 3201 et seq.
(d)
Design and construction methods proposed to mitigate any identified
health and safety issues at the subject site, including, but not limited
to, installation of sound barriers, chemical storage and frack water
disposal, site lighting, and stormwater management may be referred
to professional consultants at the Township's discretion, the cost
for which shall be borne by the applicant.
(e)
Copies of any previous enforcement notices, fines or penalties
assessed against the applicant, applicant's contractors or consultants
involved in the development of the proposed oil and gas operation.
(f)
Other information deemed by the Zoning Hearing Board relevant
to address public health and safety concerns regarding the proposed
oil and gas operations.
(2)
The applicant shall provide the Director of Community Development
a routing plan for access to the site, identifying commonwealth and
Township roadways being utilized, including copies of any required
road performance bonds, commonwealth operation permits or other required
local or commonwealth permits.
(3)
Applicant shall provide the Director of Community Development
with a copy of the erosion and sediment control general permit (ESCGP)
approved by the Pennsylvania Department of Environmental Protection.
(4)
The applicant shall provide a copy of any access security measures
approved by the Pennsylvania Department of Environmental Protection
during the gas drilling operation phase on lands in zoning districts
where such activity is permitted.
(6)
At the time an application for a Township zoning permit is submitted,
unless otherwise specified, a copy of all Pennsylvania Department
of Environmental Protection required information regarding the rehabilitation-reclamation
of the site shall be attached.
(7)
Notification requirements of the Pennsylvania Department of
Environmental Protection shall be satisfied prior to commencement
of those activities specified in this section.
B.
Any operator utilizing Penn Township-owned and -maintained weight
restricted roads for oil and gas operation activities shall be held
to the minimum Township standards for purposes of bonding. It shall
be the sole responsibility of the operator to keep the roadway segments
being utilized passable and mud-free for all vehicular traffic at
all times, in addition to the following:
(1)
Where a Penn Township-owned and -maintained road is to be used for
an oil and gas operation, a maintenance plan shall be provided to
the Township showing all roadway segments being used and the reason
Township roads need to be accessed. Such plan shall include a schedule
to keep the roadway passable and mud-free.
(2)
When the operator's maintenance plan for accessing Township-owned
and -maintained roads for an oil and gas operation is considered deficient
by the Township Engineer due to excessive use related to such oil
and gas operation, an agreement shall be executed to rebuild the roadway
surface, subbase and drainage prior to use. Such roadway rehabilitation
work shall be performed at a time deemed appropriate by the Board
of Commissioners with input from the Township Engineer.
(3)
There shall be no staging or queueing of trucks or equipment on Township
owned and maintained roads.
C.
Where such oil and gas operations are classified as a special exception
in certain zoning districts, the following review procedure and submittal
information shall be provided and development standards met:
(1)
An application for a special exception approval for an oil and gas
operation which involves an oil or natural gas well, compressor station
or processing plant shall be filed with the Director of Community
Development along with the required administrative fee and such application
shall include information as outlined and processed as follows:
(a)
Identify and describe the property, its location and the present
use.
(b)
Reasonably describe present improvements and any intended additions
and changes.
(c)
Disclose the special exception for which the application is
being made, and show how the property, as it may be improved, meets
the standards and criteria required for approval.
(d)
Upon receipt of such application for special exception, the Director of Community Development shall forthwith refer the same to the Zoning Hearing Board. The application for special exception shall be processed as per the provisions of the Pennsylvania Municipalities Planning Code, Section 913.2 and § 190-906 of this chapter.
(e)
The Zoning Hearing Board shall hold a public hearing, pursuant
to public notice, on the special exception application, as per the
provisions of the Pennsylvania Municipalities Planning Code.
(f)
The Zoning Hearing Board may authorize a special exception pursuant
to express standards and criteria specified in this chapter for said
uses and may attach such additional conditions and safeguards as it
may deem necessary where such conditions and safeguards are not pre-empted
by Commonwealth Act 13 of February 2012[2] as determined by Pennsylvania courts.
[2]
Editor's Note: See 58 Pa.C.S.A. § 3201 et seq.
(g)
The Township staff shall report the action of the Township Zoning
Hearing Board as per the provisions of the Pennsylvania Municipalities
Planning Code, Section 913.2.
(2)
The following activities shall be permitted in the MEO Mineral Extraction
Overlay District following receipt of an approved zoning permit or
the granting of conditional use or special exception approval where
applicable:
(a)
Oil and gas operations, including but not limited to oil and
natural gas wells, gas and water pipelines above the surface and vertical
and horizontal wellbores which extend into the DIO Development Infill
Overlay District below the surface;
(b)
Well and pipe location assessment operations, including seismic
operations.
D.
The applicant shall demonstrate that the drill site operations will
not violate the citizens of Penn Township's right to clean air and
pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution
(The Environmental Rights Amendment). The applicant shall have the
burden to demonstrate that its operations will not affect the health,
safety or welfare of the citizens of Penn Township or any other potentially
affected land owner. The application submitted shall include reports
from qualified environmental individuals attesting that the proposed
location will not negatively impact the Township residents' environmental
rights; and will include air modelling and hydrogeological studies
as potential pathways that a spill or release of fluid may follow.
A.
In all zoning districts where agricultural operations are a permitted
principal or conditional use, in order to maintain both an agricultural
heritage and a rural character, the following accessory uses and related
standards shall apply:
(1)
General and specialized farming of agricultural products and
agricultural activities, including the raising or growing of crops,
livestock, poultry, bees and other farm animals, products and foodstuffs.
Any building or structure may be located thereon and used for the
day-to-day operation of such activities, for the storage or preservation
of said crops or animals, products and collection, distribution, or
processing, and for the incidental sale of crops, products and foodstuffs
raised or grown on said parcel or in said building or structure.
(2)
Storage, retail or wholesale marketing, or processing of agricultural
products into a value-added agricultural product is a permitted use
in a farming operation if 50% or more of the stored, processed, or
merchandised products are produced by the farm operator.
(3)
Cider mills or wineries selling product, in a tasting room,
derived from crops grown primarily on site for at least three of the
immediately preceding five years.
(4)
Direct marketing of produce in a farm market, on-farm market
or roadside stand no greater than 300 square feet in building area.
(5)
Seasonal U-pick fruits and vegetables operations.
(6)
Seasonal outdoor mazes of agricultural origin such as straw
bales or corn.
(7)
Food sales/processing, processing any fruits/produce.
(8)
Uses previously listed may include any or all of the following
ancillary agriculturally related uses and some nonagriculturally related
uses so long as the general agricultural character of the farm is
maintained and the income from these activities represents less than
50% of the gross receipts from the farm.
(a)
Value-added agricultural products or activities such as educational
tours of processing facilities, workshops or livestock care and feeding.
(b)
Bakeries selling baked goods containing produce grown primarily
on site.
(c)
Playgrounds or equipment typical of a school playground, such
as slides or swings, excluding motorized vehicles or rides.
(d)
Petting farms, animal display, and pony rides.
(e)
Wagon, sleigh and hayrides.
(f)
Nature trails.
(g)
Open air or covered picnic area with restrooms.
(h)
Educational classes, lectures, seminars.
(i)
Historical agricultural exhibits.
(j)
Kitchen facilities, processing/cooking items for sale.
(k)
Gift shops for the sale of agricultural products and agriculturally
related products.
(l)
Gift shops for the sale of nonagriculturally related products
such as antiques or crafts, limited to 25% of gross sales.
B.
Uses requiring conditional use approval: In the RR and MDR Zoning Districts, the following agritourism uses may be permitted following approval as a conditional use as per the provisions of Article V, §§ 190-501 and 190-502.
(1)
Bed-and-breakfast.
(2)
Direct marketing of produce, farm market, on-farm market or
roadside stand if the sales area is greater than 300 square feet in
building area.
(3)
Restaurant operations related to the agricultural use on the
site.
(4)
Nonagriculturally related uses listed as permitted uses in the zoning district but which include any of the following ancillary uses shall require the issuance of a zoning or temporary use permit, as per the provisions of Article IX, §§ 190-907 and 190-909.
(a)
Small-scale entertainment, including, but not limited to, car
shows or artfairs.
(b)
Family-oriented animated barns including, but not limited to,
fun houses or haunted houses and small mechanical rides.
(c)
Organized meeting space in a structure for use by weddings,
birthday parties, and corporate picnics subject to Pennsylvania Uniform
Construction Code compliance.
C.
Parking: agritourism and seasonal agricultural uses.
(1)
For uses permitted by right under the RR District, parking facilities
may be located on a grass or gravel area for seasonal uses such as
road side stands, u-pick operations and agricultural mazes. All parking
areas shall be defined by either gravel, cut lawn, sand or other visible
marking.
(2)
For uses with conditional use approval, parking may be either
gravel or paved as determined by the Planning Commission, based on
applicant estimates for seasonal parking and the intensity of the
use. Overflow parking areas may be required by the Planning Commission
to accommodate seasonal peak demand.
(3)
All parking areas shall be located in such a manner to avoid
traffic hazards associated with entering and exiting the public roadway.
(4)
Paved parking areas must meet all design, landscape screening
and setback requirements set forth in this chapter.
D.
Signs: agritourism and seasonal agricultural uses.
A.
In all zoning districts where solar collectors and small wind energy
systems are permitted accessory uses, the following standards and
criteria shall apply.
(1)
Solar collectors:
(a)
General requirements:
[1]
No solar collector panels shall be located over a septic system
or leach field.
[2]
Where the solar collector panel is located in a FEMA-designated
floodplain, all panels and related equipment shall be installed above
the base flood elevation.
[3]
Roof-mounted solar collector panels shall not project more than
four feet above the roof surface in nonresidential zoning districts
or more than two feet in residential or agricultural zoning districts.
[4]
Ground-mounted panels shall be sited behind existing vegetation
or utilize the natural topography to provide a screen from adjacent
properties.
(b)
Ground-mounted solar collector panels shall be set back as follows:
(c)
Small wind energy systems: Submittal of a site plan with the
following information for review by the Zoning Officer is required:
[1]
Plat plan with dimensions indicating the proposed location and
height of the wind energy system, including the following elements:
[a]
Existing structures and minimum setback lines for
the zoning district.
[b]
The location of any overhead public utility lines.
[c]
Maximum sound levels from the manufacturer.
[d]
Foundations, guy anchors and associated equipment
location.
[e]
Detailed description of electrical components and
connection to the existing grid, if proposed.
[f]
Maximum height of the tower shall not exceed 45
feet.
[2]
All property lines, unless the affected property owner agrees
in writing to permit the fall zone to overlap properties.
[3]
Any driveways, sidewalks, parking areas or bicycle or walking
trails.
[4]
Small wind energy systems shall meet minimum setbacks for principal
structures for the zoning district where proposed.
[5]
Maximum sound level shall not exceed 60 decibels (A-scale dBA)
at the property line.
[6]
Applicant shall demonstrate that significant shadowing or flicker
does not adversely impact neighboring or adjacent uses.
[7]
Applicant shall demonstrate through site planning that the visual
impact of the wind energy system will be minimized for surrounding
neighbors including but not limited to site location, turbine design
or appearance, and screening of ground-mounted electrical equipment.
[8]
Small wind energy systems shall not be artificially lit unless
required by the Federal Aviation Administration (FAA).
[9]
A wind energy system turbine abandoned or inoperable for a period
of 12 months shall be removed by the owner within 90 days of receipt
of a notice of abandonment from the Zoning Officer.
[10]
The Township may require the positing of surety
prior to the issuance of a zoning or building permit to cover the
cost of removal of the wind energy system.
[Added 2-21-2018 by Ord.
No. 919]
A.
Purposes and findings of fact.
(1)
The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
communications facilities in Penn Township (referred to herein as
the "Township"). While the Township recognizes the importance of wireless
communications facilities in providing high quality communications
service to its residents and businesses, the Township also recognizes
that it has an obligation to protect public safety and to minimize
the adverse visual effects of such facilities through the standards
set forth in the following provisions.
(2)
By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including but not limited
to, distributed antenna systems, data collection units, cable wi-fi
and other wireless communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(f)
Promote the health, safety and welfare of the Township's residents.
B.
General requirements for nontower wireless communications facilities.
(1)
The following regulations shall apply to all nontower WCF:
(a)
Permitted in all zones subject to regulations. Nontower WCF
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to applicable permitting by the Township.
(b)
Prohibited on certain structures. No nontower WCF shall be located
on single-family detached residences, single-family attached residences,
or any residential accessory structure.
(c)
Noncommercial usage exemption. Township residents utilizing
satellite dishes and antennae for the purpose of maintaining television,
phone, radio and/or internet connections at their respective residences
shall be exempt from the design regulations enumerated in this section
of the Zoning Ordinance. This exemption shall include amateur radio
operators.
(d)
Nonconforming wireless support structures. Nontower WCF shall
be permitted to co-locate upon nonconforming tower-based WCF and other
nonconforming structures. Co-location of WCF upon existing tower-based
WCF is encouraged even if the tower-based WCF is nonconforming as
to use within a zoning district.
(e)
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.
(f)
Wind. All nontower WCF structures shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour in addition
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).
(g)
Aviation safety. Nontower WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(h)
Public safety communications. Nontower 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.
(i)
Radio frequency emissions. A nontower 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.
(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 WCF or portions of WCF shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall
be removed within two 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 two 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 for co-location applications. The following
time frames shall apply to applications for co-located nontower WCF:
[1]
Applications for co-located nontower WCF that do not substantially
change the dimensions of the underlying wireless support structure,
or that otherwise do not fall under the Pennsylvania Wireless Broadband
Collocation Act. Within 30 calendar days of the date that an application
for a nontower WCF is filed with the Township, the Township shall
notify the WCF 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 WCF applicant, in writing, of such decision.
[2]
Applications for co-locations that do substantially change the
dimensions of the underlying wireless support structure, or that otherwise
fall under the Pennsylvania Wireless Broadband Collocation Act. Within
30 calendar days of the date that an application for a nontower WCF
is filed with the Township, the Township shall notify the WCF applicant,
in writing, of any information that may be required to complete such
application. Within 60 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 WCF applicant, in writing, of such
decision.
(l)
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.
(m)
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.
(n)
Maintenance. To the extent permitted by law, 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.
(2)
In addition to the general requirements for nontower wireless
communications facilities, the following regulations shall apply to
all co-located nontower WCF that do not substantially change the physical
dimensions of the wireless support structure to which they are attached,
and/or fall under the Pennsylvania Wireless Broadband Collocation
Act:
(a)
Permit required. WCF applicants proposing the modification of
an existing tower-based WCF shall obtain a building permit from the
Township. 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.
(b)
Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
(c)
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 or $1,000,
whichever is less.
(3)
The following regulations shall apply to all nontower WCF that
do substantially change the wireless support structure to which they
are attached, and/or that otherwise do not fall under the Pennsylvania
Wireless Broadband Collocation Act:
(a)
Special exception authorization required. Any WCF applicant
proposing the construction of a new nontower WCF, or the modification
of an existing nontower WCF, shall first obtain a special exception
from the Township. New constructions, modifications, and replacements
that do fall under the WBCA shall be subject to the special exception
process. The special exception application shall demonstrate that
the proposed facility complies with all applicable provisions in the
Penn Township Zoning Ordinance.
(b)
Historic buildings. No nontower WCF may be located upon any
property, or on a building or structure that is listed on either the
National or Pennsylvania Registers of Historic Places, or is listed
on the official historic structures and/or historic districts list
maintained by the Township, or has been designated by the Township
to be of historical significance.
(c)
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.
(d)
Development regulations. Nontower WCF shall be co-located on
existing wireless support structures, such as existing buildings or
tower-based WCF, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted
WCF shall not exceed 20 feet above the maximum height permitted in
the underlying zoning district, unless the WCF applicant applies for,
and subsequently obtains, a variance.
[2]
In accordance with industry standards, all nontower WCF applicants
must submit documentation to the Township justifying the total height
of the nontower WCF. Such documentation shall be analyzed in the context
of such justification on an individual basis.
[3]
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district, and landscaping shall
be required to screen as much of the equipment building as possible.
[a]
Landscaping. An evergreen screen shall surround
the site. The screen can be either a hedge (planted three feet on
center maximum) or a row of evergreen trees (planted 10 feet on center
maximum). The evergreen screen shall be a minimum height of six feet
at planting and shall grow to a minimum of 15 feet at maturity.
(e)
Design regulations.
[1]
Nontower WCF shall employ stealth technology and be treated
to match the wireless support structure in order to minimize aesthetic
impact. The application of the stealth technology chosen by the WCF
applicant shall be subject to the approval of the Township.
[2]
Omnidirectional or whip communications antennas shall not exceed
20 feet in height or seven inches in diameter.
[3]
Directional or panel communications antennas shall not exceed
eight feet in height or three feet in width.
[4]
Cylinder-type antennas shall not exceed 10 feet in length and
not exceed 12 inches in diameter and shall be of a color that is identical
or similar to the color of the supporting structure to make the antenna
and any related accessory equipment visually unobtrusive.
[5]
Satellite and microwave dishes shall not exceed 10 feet in diameter.
Dish antennas greater than three feet in diameter shall be screened
with an appropriate architectural treatment that is compatible with
or integral to the architecture or building to which they are attached.
This screening requirement shall not apply to dishes located upon
towers.
[6]
A security fence with a minimum height of eight feet 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.
(f)
Removal, replacement and modification.
[1]
The removal and replacement of nontower WCF and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not substantially change the
overall size of the WCF or the numbers of antennae.
[2]
Any material modification to a WCF shall require notice to be
provided to the Township, and possible supplemental permit approval
to the original permit or authorization.
(g)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance 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.
(h)
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 these WCF provisions. The WCF 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.
(4)
Regulations applicable to all nontower WCF located in the public rights-of-way. In addition to all applicable nontower WCF provisions listed in § 190-644B, the following regulations shall apply to nontower WCF located in the public rights-of-way:
(a)
Co-location. Nontower WCF in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles. If
co-location is not technologically feasible, the WCF applicant shall
locate its nontower WCF on existing poles or freestanding structures
that do not already act as wireless support structures with the Township's
approval.
(b)
Design requirements:
[1]
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.
[2]
Antenna and related equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(c)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all nontower WCF 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.
(d)
Equipment location. Nontower 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 ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb or
within an easement extending onto a privately owned lot;
[2]
Ground-mounted related equipment that cannot be placed 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]
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on any wireless support structures or any related
equipment shall be removed at the sole expense of the owner.
[5]
Any proposed underground vault related to nontower WCF shall
be reviewed and approved by the Township.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a 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:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
C.
General and specific requirements for all tower-based wireless communications
facilities.
(1)
The following regulations shall apply to all tower-based wireless
communications facilities.
(a)
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.
(b)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail notice to all owners of every property
within 500 feet of the proposed facility. The WCF applicant shall
provide proof of the notification to the Township.
(c)
Special exception authorization required. Tower-based WCF are
permitted in certain zoning districts by special exception and at
a height necessary to satisfy their function in the WCF applicant's
wireless communications system. No WCF applicant shall have the right
under these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
WCF applicant shall demonstrate that the tower-based WCF is the minimum
height necessary for the service area.
[1]
Prior to the Township Zoning Hearing Board's approval of a special
exception authorizing the construction and installation of tower-based
WCF, it shall be incumbent upon the WCF applicant for such special
exception approval to prove to the reasonable satisfaction of the
Board that the WCF applicant cannot adequately extend or infill its
communications system by the use of equipment such as redoes, repeaters,
antenna(s) and other similar equipment installed on existing structures,
such as utility poles or their appurtenances and other available tall
structures. The WCF applicant shall further demonstrate that the proposed
tower-based WCF must be located where it is proposed in order to serve
the WCF applicant's service area and that no other viable alternative
location exists.
[2]
The special exception application shall be accompanied by a
propagation study evidencing the need for the proposed tower or other
communication facilities and equipment, a description of the type
and manufacturer of the proposed transmission/radio equipment, the
frequency range (megahertz band) assigned to the WCF applicant, the
power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
[3]
The special exception application shall also be accompanied
by documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
[4]
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to the
Board of Commissioners that the owner of the property has granted
an easement for the proposed WCF and that vehicular access will be
provided to the facility.
[5]
The special exception application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
applicable provisions in this section.
(d)
Engineer inspection. Prior to the Township's issuance of a permit
authorizing construction and erection of a tower-based WCF, a structural
engineer registered in Pennsylvania shall issue to the Township a
written certification of the proposed WCF's ability to meet the structural
standards offered by either the Electronic Industries Association
or the Telecommunication Industry Association and certify the proper
construction of the foundation and the erection of the structure.
This certification shall be provided during the conditional hearings
or at a minimum be made as a condition attached to any approval given
such that the certification be provided prior to issuance of any building
permits.
(e)
Visual appearance and land use compatibility. Tower-based WCF
shall employ stealth technology which may include the tower portion
to be painted silver or another color approved by the Board of Commissioners,
or shall have a galvanized finish. All tower-based WCF and related
equipment shall be aesthetically and architecturally compatible with
the surrounding environment and shall maximize the use of a like facade
to blend with the existing surroundings and neighboring buildings
to the greatest extent possible. The Board of Commissioners shall
consider whether its decision upon the subject application will promote
the harmonious and orderly development of the zoning district involved;
encourage compatibility with the character and type of development
existing in the area; benefit neighboring properties by preventing
a negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
(f)
Co-location and siting. An application for a new tower-based
WCF shall demonstrate that the proposed tower-based WCF cannot be
accommodated on an existing or approved structure or building, or
sited on land owned and maintained by Penn Township. The Board of
Commissioners may deny an application to construct a new tower-based
WCF if the WCF applicant has not made a good faith effort to mount
the commercial communications antenna(s) on an existing structure.
The WCF applicant shall demonstrate that it contacted the owners of
tall structures, buildings, and towers within a radius of 1/4 mile
of the site proposed, sought permission to install an antenna on those
structures, buildings, and towers and was denied for one of the following
reasons:
[1]
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(g)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any WCF applicant proposing
the modification of an existing tower-based WCF, which increases the
overall height of such WCF, shall first obtain a permit from the Township.
Nonroutine modifications shall be prohibited without a permit.
(h)
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage or capacity
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 WCF.
(i)
Additional antennae. As a condition of approval for all tower-based
WCF, 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 WCF 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.
(j)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour in addition
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,
as amended).
(k)
Height. Any tower-based WCF shall be designed at the minimum
functional height. In all Zoning Districts the maximum height of any
new tower-based WCF shall be 200 feet.
(l)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing commercial
communications antenna(e) space on the tower-based wireless communications
facility.
(m)
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.
(n)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based 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 WCF in order to promote the safety and security of the Township's
residents, and utilize the best available technology for preventing
failures and accidents.
(o)
Radio frequency emissions. A tower-based WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(p)
Historic buildings or districts. A tower-based WCF shall not
be located upon a property and/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 and/or historic districts list maintained by the
Township.
(q)
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. The only other signage permitted on
the WCF shall be those required by the FCC or any other federal or
state agency.
(r)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the WCF applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
(s)
Noise. Tower-based WCF shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(t)
Aviation safety. Tower-based WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(u)
Retention of experts. The Township may hire any consultant and/or
expert 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 these provisions. The WCF 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.
(v)
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 WCF applicant, in writing, of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Township shall advise the WCF applicant, in writing,
of its decision. If additional information was requested by the Township
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the one-hundred-fifty-day
review period.
(w)
Nonconforming uses. Nonconforming tower-based WCF 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.
(x)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCF or portions of WCF
shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within 90 days of the cessation of operations at
the site unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within 90
days of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCF, including antennae,
shall be removed within 90 days of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(y)
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.
(z)
FCC license. Each person that owns or operates a tower-based
WCF over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(aa)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height 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. Each person that owns or operates a tower-based WCF 40 feet or
less in height 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 each tower-based WCF.
(bb)
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.
(cc)
Engineer signature. All plans and drawings for a tower-based
WCF shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(dd)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF 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.
(2)
The following regulations shall apply to tower-based wireless
communications facilities located outside the public rights-of-way:
(a)
Development regulations.
[1]
Tower-based WCF shall not be located in, or within 100 feet
of, an area in which all utilities are primarily located underground.
[3]
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot meets minimum
size requirements, as established in the Zoning Ordinance.
[4]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
WCF.
[b]
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 if the proposed
WCF is greater than 40 feet in height.
[c]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall be equal to the total height of the tower-based
WCF or the minimum setback of the underlying zoning district, whichever
is greater. Where the site on which a tower-based WCF is proposed
to be located is contiguous to an educational use, child day-care
facility, or agriculture or residential use, the minimum distance
between the base of a tower-based WCF and any such adjoining uses
shall equal 250 feet, regardless of the height of the tower-based
WCF, unless it is demonstrated to the reasonable satisfaction of the
Board that in the event of failure the WCF is designed to collapse
upon itself within a setback area less than the required minimum setback
without endangering such adjoining uses and their occupants.
(b)
Design regulations.
[1]
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
[2]
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.
[3]
Any tower-based WCF over 40 feet in height shall be equipped
with an anticlimbing device, as approved by the manufacturer.
(c)
Surrounding environs.
[1]
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.
[2]
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(d)
Fence/screen.
[1]
A security fence with a minimum height of eight feet shall completely
surround any tower-based WCF greater than 40 feet in height, as well
as guy wires, or any building housing WCF equipment.
[2]
Landscaping shall be required to screen as much of a newly constructed
tower-based WCF as possible. The Board of Commissioners may permit
any combination of existing vegetation, topography, walls, decorative
fences or other features instead of landscaping, if, in the discretion
of the Board, they achieve the same degree of screening. Existing
vegetation shall be preserved to the maximum extent possible.
[a]
An evergreen screen shall be required to surround
the site. The screen can either be a hedge (planted three feet from
center maximum) or a row of evergreen trees (planted 10 feet on center
maximum). The evergreen screen shall be a minimum height of six feet
at planting and shall grow to a minimum of 15 feet at maturity.
(e)
Accessory equipment.
[1]
Ground-mounted related equipment associated to, or connected
with, a tower-based WCF shall be placed underground or screened from
public view using Stealth Technologies, as described above.
[2]
All related equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(f)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. The access road shall be a dust-free all-weather surface for
its entire length. Maximum use of existing roads, whether public or
private, shall be made to the extent practicable. 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.
(g)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(h)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the Zoning Ordinance 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.
(3)
The following regulations shall apply to tower-based wireless
communications facilities located in the public rights-of-way.
(a)
Location and development standards.
[1]
Height. Tower-based WCF in the public rights-of-way shall not
exceed 40 feet in height.
[2]
Tower-based WCF are prohibited in areas in which all utilities
are located underground.
[3]
Tower-based WCF shall not be located in the front facade area
of any structure.
[4]
Tower-based WCF shall be permitted along collector roads and arterial roads throughout the Township as identified in the definition of arterial and collector roads in the definitions § 190-202 of this chapter, regardless of the underlying zoning district, provided that they are not situated within 50 feet of an area in which utilities are underground.
(b)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCF 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.
(c)
Equipment location. Tower-based WCF 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 ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb.
[2]
Ground-mounted related equipment that cannot be placed 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]
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the tower or on any related equipment shall
be removed at the sole expense of the owner.
(d)
Design regulations.
[1]
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 Board.
[2]
To the extent permissible under state and federal law, any height
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 40 feet.
[3]
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.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of 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:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower-based 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 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.
[Added 2-21-2018 by Ord.
No. 919]
A.
Compliance. Amateur radio antennas installed, erected, maintained
and/or operated within the Township by a federally licensed amateur
radio operator shall be permitted pursuant to the requirements of
this section and 47 CFR 97.
B.
FCC licensing. Prior to issuance of a permit by the Township to approve
the commencement of operations of an amateur station, the amateur
operator must present to the Township proof that the amateur operator
holds an amateur operator license from the Federal Communications
Commission and any other state or federal department or agency that
requires permitting.
C.
General regulations.
(1)
Location. Amateur radio antennas shall be permitted in all zoning
districts.
(2)
Accessory use. The amateur radio antenna use shall be accessory
to the primary use of the property.
(3)
Numeracy. In any zoning district, no more than two amateur radio
towers shall be allowed on a single lot.
(4)
Control operator required. When transmitting, any amateur radio
station must have a control operator, licensed pursuant to FCC regulations.
D.
Design regulations.
(1)
Height. The total height of any amateur radio antenna shall
not exceed 65 feet, or the minimum height necessary to engage in radio
communications under the FCC license. If the proposed facility is
greater than 65 feet in height, the applicant shall apply for a special
exception authorization to the Township Zoning Hearing Board.
(2)
Mounting. No roof-mounted amateur radio antenna shall be mounted
on the side of a structure that is facing the street.
(3)
Lighting. The amateur radio tower and any antenna thereon shall
conform with such federal regulations as are promulgated by the Federal
Communications Commission, the Federal Aviation Administration or
such other federal or state governing body with respect to illumination
or other lighting requirements. No lighting is permitted on any amateur
radio tower and any antenna thereon unless required by federal regulations.
(4)
Anticlimbing. Every amateur radio tower that is erected at the
ground level shall be surrounded by an approved anticlimbing device
such as a fence of chain link, solid masonry, solid wooden or picket
(with spacing no greater than two inches) and a gate which is equipped
with a self-latching, self-locking lock or other alternative as approved
upon request by the Code Enforcement Officer.
(5)
Yard requirements. Amateur radio antennas and antenna structures
must meet, at minimum, the yard requirements of the underlying zoning
district as measured from the lot line to the closest point on the
base of the antenna or support structure.
E.
Location. An amateur radio antenna must be located in the rear yard,
except in rural zoning districts when such antenna is located on a
site five acres or larger, when the antenna may be located anywhere
on the buildable area of the lot.
F.
Maintenance and inspection of amateur radio tower and antenna. All
amateur radio towers and antenna shall be subject to periodic inspections
by the Township. The Township may at its discretion inspect all or
any amateur radio towers and antennae, but the Township is in no way
obligated to inspect all or any of the amateur radio towers and antennae
within the Township. All amateur radio towers and antennae shall be
structurally sound and maintained in good condition and shall be in
compliance with all rules and regulations promulgated by the Federal
Communications Commission, as well as all applicable building codes.
If the amateur radio tower and/or antenna are not structurally sound
or are in poor condition, the amateur radio tower and antenna shall
be immediately removed or remedied at the amateur operator's expense.
The amateur radio tower and any antenna thereon shall be outfitted
with such lightning-preventive, fire-retardant and/or grounding devices
as are necessary to avoid damages resulting from lightning strikes,
sparks or other fire-causing events.
G.
Yard requirements. Amateur radio antennas and antenna structures
must meet, at minimum, the yard requirements of the underlying zoning
district as measured from the lot line to the closest point on the
base of the antenna or support structure.
H.
Setback. An amateur radio tower, and any portion of an antenna thereon,
shall not be located closer than 50 feet to any public street, road
or right-of-way, as measured from the ultimate right-of-way of such
street or road to the closest portion of such amateur radio tower
or any antenna thereon. Guy wires and accessory buildings and facilities
shall meet the minimum accessory use location and setback requirements
prescribed in the Township Zoning Ordinance.
I.
Wind. All amateur radio antennas and antenna support structures shall
be designed and installed so as to withstand wind speeds of up to
90 miles per hour.
J.
Insurance. The applicant shall present to the Township evidence of
liability insurance in at least the minimum amount of $100,000. Such
insurance policy shall insure the applicant against any damage caused
by an amateur radio tower or antenna owned by the applicant in the
Township. Insurance shall be provided to pay for all damages which
may be caused either to a person or persons, or to property by reason
of the amateur radio tower or any antenna thereon or any acts of the
amateur operator, the amateur operator's affiliates, amateur operator's
agents, employees or subcontractors in relation to the operation of
the amateur radio tower or antenna or the amateur radio station. The
applicant may demonstrate compliance with this provision by providing
proof to the Township that they have a homeowners' insurance policy
that would cover these needs.
[Added 2-21-2018 by Ord.
No. 919]
A.
Permitted use. The noncommercial keeping of chickens shall be a permitted
accessory use on all single-family residential lots. The raising of
chickens for commercial use or profit is not permitted. The sale of
animal products is prohibited. The restrictions of this chapter apply
only in the MDR District.
B.
Roosters shall only be permitted on residential properties greater
than three acres.
C.
Any other livestock and/or fowl shall not be permitted on parcels
that do not have an approved agricultural use.
D.
Chickens shall not cause a nuisance to adjoining property owners
with regards to noise, odor, dust, vibration, or any other nuisance
effects beyond the property lines.
E.
Location requirements.
(1)
Structures for chickens shall be located a minimum of 15 feet
from all property lines and any structure.
(2)
Structures for chickens shall not be permitted in the front
yard and side yard.
(3)
Structures for chickens shall be located a minimum of 35 feet
from all principal use structures on adjoining lots.
F.
Fencing.
(1)
All chickens shall be kept within an enclosure at all times.
(2)
Barbed-wire fencing shall not be permitted for chicken enclosures.
(3)
The height of the fencing shall be sufficient to keep the chicken(s)
within the pen and shall be adequately constructed to prevent the
chicken(s) from being able to escape from its confines.
(4)
Free-ranging is permitted if the chickens are kept within the
property.
G.
Manure management.
(1)
All animal wastes shall be properly stored and disposed of,
so as not to be objectionable at the site's property line.
(2)
The keeper of chicken(s) shall show that adequate provisions
are being implemented to collect, store and dispose of the litter
associated with the keeping of chicken(s). The containers to be used
in the process shall be kept covered and shall be cleaned on a regular
basis to avoid the potential for detectable odors.
H.
Chicken coops.
(1)
Coops shall be enclosed with solid material on all sides, have
a solid roof, and vents to ensure adequate ventilation. Coops shall
be predator-proof and provide shelter from moisture and extremes of
temperatures.
(2)
Coops shall be constructed as to prevent rodents from being
harbored underneath or within the enclosure.
(3)
The minimum coop size shall provide at least two square feet
per chicken.
(4)
Coops and outside runs shall be cleaned of hen droppings, uneaten
feed, feathers and other waste on a regular basis and as necessary
to ensure they do not become a health, odor or other nuisance to adjoining
property owners.
I.
Animal care.
(1)
Animal housing facilities shall be ventilated to avoid respiratory
disease and infections, control ambient temperature, and prevent accumulation
of toxic gases.
(2)
All noncommercial keeping of chickens must comply with the minimum
standards of animal care as required by Pennsylvania Law, Pa. Code
Title 18, regarding animal cruelty.
[Added 2-21-2018 by Ord.
No. 919]
A.
Best management practices. Beekeeping facilities must be consistent
with the Pennsylvania Department of Agriculture Best Management Practices
for Maintaining European Honey Bee Colonies in the Commonwealth of
Pennsylvania.
B.
Registration. The apiary must be properly registered with the Pennsylvania
Department of Agriculture, Bureau of Plant Industry, pursuant to applicable
Pennsylvania state laws. (See Pa.C.S.A. § 2105, Registration
of apiaries.)
C.
Ownership and care. Ownership, care and control of the honey bees
shall be the responsibility of a resident of the dwelling on the lot
or the individual listed on the registration.
D.
Colony density. One hive is permitted for every 4,000 square feet
of gross lot area.
F.
Flyway barriers.
(1)
For all colonies located on a property, a flyway barrier at
least six feet in height consisting of a solid wall, fence or dense
hedge parallel to the property line and extending at least 10 feet
beyond the apiary in each direction is required.
(2)
A flyway barrier is not needed if the beehive is kept at least
eight feet off the ground.
G.
Water. A supply of fresh water shall be maintained in a location
readily accessible to all bee colonies on the site throughout the
day to prevent bees from congregating at neighboring swimming pools
or other sources of water on nearby properties.
I.
Honey bees are limited to European races of Apis mellifera.
Subject to:
A.
The minimum site required shall be 25 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street.
C.
The site shall not be located within 1,380 feet of any protected
use (residential dwelling, church, commercial building, public building,
hospital, school, or public park) measured from any property boundary
of the site in a straight line along a public street right-of-way
to the nearest wall of a residential dwelling.
D.
All activities shall comply with the performance standards specified
in Article 641 of this chapter.
E.
Adjacent public streets shall be adequate to accommodate traffic
volumes and weight limits associated with truck traffic to and from
the site.
F.
The storage, handling, transportation and disposal of hazardous or
potentially hazardous materials shall be in accordance with all applicable
permits and requirements of the Pennsylvania Department of Environmental
Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
G.
No permanent component of the injection well site shall be closer
than 300 feet from the property line in which the well is located.
H.
Written permission from the property owner(s) with legal or equitable
title to the property where the proposed development or facility is
located or demonstrable documentation of the applicant's authority
to occupy the property.
I.
The GPS location and 911 address of the njection well.
J.
Copies of any and all applications and permits required from all
applicable local, county, state, and federal agencies for development
of the injection well.
K.
A site plan prepared by an engineer or surveyor licensed in Pennsylvania
shall be provided to establish compliance with all applicable regulations.
All temporary and permanent structures, equipment, machinery, and
sediment and erosion controls shall be identified. All protected structures
within 1,500 feet of the property lines shall be identified. All roads
related to the development or facility must also be shown. A sufficient
number of copies of the site plan shall be provided for review and
comment by all Township emergency service organizations.
L.
Scheduling. The applicant shall provide a schedule with the application
indicating the anticipated beginning and ending dates for all proposed
activities.
M.
A risk assessment report. A report prepared by a professional expert
in that field, that identifies the potential hazards stemming from
the injection well at the proposed site and determines the quantitative
and qualitative risk associated with the identified hazards. The quantitative
risk assessment shall include calculations of two components of risk
(R), the magnitude of the potential loss (L), and the probability
(P) that the loss will occur. The report shall include a public health
risk assessment including potential impacts to water supply. This
assessment is the process of characterizing the nature and likelihood
of harmful effects to individuals or populations within one linear
mile from the well site. The report shall also include an assessment
of potential seismic impacts created by the operations of the injection
well.
N.
A traffic impact study.
(1)
The study shall include: a. A description of plans for the transportation
and delivery of equipment, machinery, water, chemicals, products,
materials and other items to be utilized in the siting, drilling,
stimulating, completion, alteration and operation of the development
or facility. Such description shall include a map showing the planned
vehicular access roads and the transportation infrastructure being
proposed and the type, weight, number of trucks and delivery schedule
necessary to support each phase of the development. b. An inventory,
analysis and evaluation of existing road conditions on Township roads
along the proposed transportation route identified by the application,
including photography, video and core boring as determined to be necessary
by the Township engineer(s).
(2)
Traffic impact study guidelines. The traffic impact study shall
be performed by a qualified professional traffic engineer. The following
is an outline of issues to be addressed by the Study.
(a)
Description of the proposed project in terms of land use type
and magnitude.
(e)
An analysis of future traffic conditions including:
[1]
Future design year (development fully completed) combined volumes
(site traffic plus future roadway traffic);
[2]
Intersection levels of service;
[3]
Roadway levels of service (where appropriate);
[4]
Other measures of roadway adequacy; i.e., lane widths, traffic
signals warrants, vehicle delay studies, et cetera.
(f)
A description of the recommended access plan and off-site improvements.
[1]
Schematic plan of access and on-site circulation;
[2]
General description of off-site improvements required. The aforementioned
guidelines shall be used to determine a scope of work. The specific
roadways and intersections to be studied shall be identified along
with the planned data collection and analysis procedures.
O.
An environmental impact analysis. To the extent that the same is
not otherwise included or provided within copies of applications for
permits from the Commonwealth of Pennsylvania or other governmental
units and herewith submitted or where no such permit is required,
the applicant shall provide an environmental impact analysis. The
environmental impact analysis shall describe, identify and analyze
all environmental aspects of the site and of neighboring properties
that may be affected by the proposed operations or the ultimate use
proposed to be conducted on the site. The limits of the impact area
to be studied shall be reviewed and approved by the Township Zoning
Hearing Board. The environmental impact study shall include, but not
be limited to, all critical impact areas on or offsite that may be
impacted by the proposed or ultimate use of the facility, including
the impact on the critical areas, the protective measures and procedures
to protect the critical areas from damage, and the actions to be taken
to minimize environmental damage to the critical areas on the site
and surrounding areas during and after completion of the operation.
Critical impact areas include, but are not limited to stream corridors;
streams; wetlands; slopes in excess of 25%; sites where there is a
history of adverse subsurface conditions or where available soils
information or other geotechnical data, including data from the Bureau
of Mines indicates the potential for landslides, subsidence or other
subsurface hazards; Class I agricultural lands; highly acidic or erodible
soils; carbonate or highly fractured bedrock; aquifer recharge and
discharge areas; areas of unique or protected vegetation, wildlife
habitat, and areas of historic, cultural and/or archaeological significance.
P.
An air quality study. To the extent that the same is not otherwise
included or provided within copies of applications for permits from
the Commonwealth of Pennsylvania or other governmental units and herewith
submitted or where no such permit is required, the applicant shall
provide an air quality study. The study shall be prepared by experts
acceptable to the Township and submitted with the application and
shall include an analysis of the existing and predicted air quality
levels, including smoke, odors, fumes, dust, and pollutants at the
site. This report shall contain the sources of the information, the
data and background tests that were conducted and the conclusions
and recommendations of the professionals preparing the report that
would be required to maintain the air quality at a level equal to
or better than the existing background level prior to the proposed
use; or the applicant/developer shall submit a statement prepared
by an engineer warranting that the nature of the use will produce
no impact on air quality.
Q.
A geological study. To the extent that the same is not otherwise
included or provided within copies of applications for permits from
the Commonwealth of Pennsylvania or other governmental units and herewith
submitted or where no such permit is required, the applicant shall
provide a geological study. The study shall be prepared by experts
acceptable to the Township and submitted with the application and
shall include an analysis of the existing geological formations in
and surrounding the proposed site. This report shall contain the sources
of the information, the data and background tests that were conducted
and the conclusions and recommendations of the professionals preparing
the report regarding the potential geological impact of the proposed
use.
R.
A hydrological study. To the extent that the same is not otherwise
included or provided within copies of applications for permits from
the Commonwealth of Pennsylvania or other governmental units, and
herewith submitted or where no such permit is required, the applicant
shall provide a hydrological study. The study shall be prepared by
a hydrogeologist acceptable to the Township. The study shall evaluate
the existing surface and subsurface hydrogeology, based upon historical
data and on-site investigation and studies. The study shall identify
groundwater discharge and recharge areas that may be affected by the
proposed use, map the groundwater table and analyze and delineate
the effects of the proposed use on the hydrology, including surface
and ground water quantity and quality. Acceptance of the study is
subject to final approval by the Township Zoning Hearing Board. If
the study shows an alteration to the groundwater, the application
shall be denied.
S.
Pre-development and post-development soil testing. Prior to beginning
any injection well development activities, the operator shall be responsible
for testing soil conditions within 300 feet of each injection well
site. The purpose of testing is to determine the baseline soil conditions
surrounding the proposed injection well site and address resultant
changes that may occur or have an impact on the soils of the site
and surrounding area.
(1)
Pre-drilling testing results shall be submitted as part of the
special exception application.
(2)
Post-development testing shall be completed 12 months after
operations have begun.
(3)
The results shall be submitted to the Township and PA DEP within
10 days of their receipt.
(4)
The operator shall be responsible for all costs associated with
testing and testing shall be done by an independent state-certified
testing laboratory agreed upon by the Township.
T.
Insurance. Applicant shall furnish to the Township a Certificate
of Liability Insurance naming the Township as an additional insured
with respect to operations conducted within the Township, showing
proof of liability insurance covering commercial, personal injury,
and general liability in amounts not less than $25,000,000 per occurrence.
The applicant shall fully defend, protect, indemnify, and hold harmless
the Township, its departments, agents, officers, employees, or volunteers
from and against such and every claim, except for those claims relating
to any negligent, willful or intentional acts of the Township, its
department, agents, officers, employees, or volunteers. The insurance
coverage may consist of a combination of self-insurance, excess coverage,
and umbrella coverage.
U.
Special exception approval is non-transferrable without consent from
Township Zoning Hearing Board and shall automatically terminate, unless
extended, if operations have not commenced within one year from the
date of issuance of the approval. The special exception approval may
be extended by the Township Zoning Hearing Board upon written request
by the operator, after notice and hearing. The operator shall provide
proof that the requested special exception approval for such location
has not changed and that the operator meets all applicable criteria
contained in this section.
[Added 5-15-2019 by Ord. No. 929]
The Township desires to accommodate an adequate mixture of business,
industry, and residential and public uses while maintaining a scale
which is in conformance with current community character. Therefore,
the following provisions shall be instituted in the Commercial Corridor
Zoning District:
A.
"Large-scale
buildings" shall be defined as any building that bears more than 90
feet of building length along any side and has a wall that directly
faces any street including the cumulative effect of buildings with
party walls (except for townhouses).
B.
Offsets
in the footprint of the building, along any wall facing a street,
shall be provided according to the following standards:
C.
If more
than one break is provided, the setback shall be a minimum of four
feet and the length of the wall which accompanies the setback should
not be less than 10% nor more than 25% of the total length of the
applicable wall.
D.
Recesses
may be a minimum of one foot where the type of building facade differs
from that of the adjacent portions of the wall.
