This chapter shall be known and may be cited
as the "Upper Providence Township Zoning Ordinance."
The community development objectives of the
Township are as follows:
A.
Guiding the future development of the Township in
accordance with comprehensive planning of land use and population;
the most beneficial relationships among the residential, commercial,
industrial and recreational areas within the Township, having regard
to their suitability for the various uses appropriate to each of them
as indicated by topography and soil conditions, existing man-made
conditions and population trends; and considering such conditions
and trends both within the Township and with respect to the relation
of the Township to surrounding areas.
B.
Protecting the character and social and economic stability
of each of such areas and guiding their orderly and beneficial growth.
C.
Protecting and conserving the value of land and buildings
throughout the Township appropriate to the various zoning districts
established herein.
D.
Bringing about a beneficial relationship between land
use and traffic circulation and the avoidance of congestion in the
streets and the provision of safe and convenient access appropriate
to the various land uses.
E.
Fostering the efficient provision of public facilities
and services and their relationship to the orderly growth and development
of the Township.
A.
For new uses and structures. In all districts, after
the effective date of this chapter, any new building or other structure
or any tract of land shall be constructed, developed and used only
in accordance with the regulations specified for each district.
B.
For existing uses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed nonconforming and subject to the regulations of Article XXI.
C.
Limitation on principal uses and/or buildings. Except
as may be permitted in a specific zoning district, no more than one
principal use or building may be permitted per lot.
[Added 12-16-1991 by Ord. No. 307]
[Amended 12-10-1979 by Ord. No. 211; 10-19-1981 by Ord. No.
224; 4-4-1988 by Ord. No. 278; 8-6-1990 by Ord. No. 300; 6-15-1992 by Ord. No. 312; 10-4-1993 by Ord. No. 321; 5-20-2002 by Ord. No.
414; 7-15-2002 by Ord. No. 419; 3-15-2004 by Ord. No. 434; 3-20-2006 by Ord. No. 458; 12-15-2008 by Ord. No. 495; 9-16-2013 by Ord. No.
529]
For the purposes of this chapter, the Township
is hereby divided into districts, which shall be designated as follows:
|
FP
|
Floodplain Conservation District
|
|
R-1
|
Residential-Agricultural District
|
|
R-2
|
Residential District
|
|
R-3
|
Residential District
|
|
R-4
|
Residential District
|
|
OSR
|
Open Space Residential Community District
|
|
OSR-2
|
Open Space Residential Community - 2
|
|
VP
|
Village Preservation District
|
|
GCR
|
Golf Course Residential Community District
|
|
ARR
|
Age-Restricted Residential Community District
|
|
CL
|
Cluster Development District
|
|
MH
|
Mobile Home Development District
|
|
IN
|
Institutional District
|
|
NC
|
Neighborhood-Convenience Commercial District
|
|
CRSC
|
Community and Regional Shopping Center District
|
|
PBO
|
Professional and Business Office District
|
|
M-1
|
Office and Limited Industrial District
|
|
IO
|
Interchange Office District
|
|
IO-2
|
Interchange Office Support District
|
|
IO-3
|
Interchange Office, Retail, Service and Recreation
District
|
|
M-2
|
Manufacturing Industrial District
|
|
SS
|
Steep Slope Conservation District
|
|
OSC
|
Open Space Conservation District
|
|
TDR
|
Transfer of Development Rights District
|
|
VCO
|
Village Commercial and Office District
|
Any lot, as well as the open space reserved
on it, must equal or exceed the minimum sizes prescribed by this chapter
for the district in which the lot is located.
[Added 2-20-2001 by Ord. No. 401]
Corner lots shall have a front yard on each
street which the lot abuts and therefore must have a minimum of two
front yards. The remaining yards shall be side or rear yards. There
shall be a minimum of one rear yard and one side yard. The lot owner
or developer may designate which yard is the rear yard and which is
the side yard. If the shape of the lot is such that following the
requirements of this provision is unclear or infeasible, the Zoning
Officer shall determine the yard designations for the lot. The designation
of the various yards shall be included on any record plan of subdivision
and be included in the deed for each corner lot. The designations
of the various yards is a single designation and, once made, is applied
to the lot in perpetuity.
The areas within the Township limits as assigned
to each district and the location of boundaries of the districts established
by this chapter are shown upon the Zoning Map, which is declared to
be a part of this chapter and shall be kept on file by the Township
Manager.[1]
[1]
Editor's Note: The Zoning Map, adopted 11-3-1980
by Ord. No. 222, and all amendments thereto, are on file in the office
of the Township Secretary. A copy of the map is included in a pocket
at the end of this volume.
Where uncertainty exists with respect to the
boundaries of the various districts as shown on the Zoning Map, the
following rules shall apply:
A.
When the boundary of a zoning district is established
by a right-of-way, road, highway or alley, the zoning district shall
be construed as extending to the center line of such right-of-way,
road, highway or alley. When a right-of-way, road, highway or alley
is contained wholly within a zoning district, then such right-of-way,
road, highway or alley shall be construed as entirely within and part
of that zoning district. Where the official map illustrates particular
roadways in white or without showing a zoning district to the center
of a roadway, this is only for ease of viewing, and when interpreting
the map this provision shall be deemed controlling with respect to
zoning district boundaries.
[Amended 3-15-2021 by Ord. No. 588]
B.
Boundaries indicated as approximately following plotted
lot lines shall be construed as following such lines.
C.
Boundaries indicated as approximately following Township
boundaries shall be construed as following such boundaries.
D.
Boundaries indicated as following railroad lines shall
be construed to be midway between the main tracks.
E.
Boundaries indicated as following streams and rivers
shall be construed to follow the center lines of the same.
H.
Where physical features existing on the ground are at a variance with those shown on the Official Zoning Map or in other circumstances not covered by Subsections A thorough G above, the Zoning Officer shall make an initial determination. Thereafter, any party may appeal his decision to the Zoning Hearing Board, which, upon appeal, shall interpret the district boundaries.
I.
When a district boundary line divides a lot held in
single and separate ownership as of the effective date of this chapter
or a subsequent amendment thereto, the regulations as to use in the
less restrictive district may, when authorized as a special exception,
extend over the portion of the lot in the more restrictive district,
to the nearest lot line, but in no case a distance greater than 50
feet; provided, however, that the setbacks, coverages, height and
all other developmental regulations of the less restrictive district
shall not be so extended. The Zoning Hearing Board may require suitable
buffering if the use on the abutting lot is different than the use
being extended by application of this provision; provided, however,
that this provision does not imply permission to extend uses into
either the Floodplain Conservation District or the Steep Slope Conservation
District which are not normally permitted in those districts.
[Added 12-16-1991 by Ord. No. 307]
[Amended 9-20-1982 by Ord. No. 231]
For a lot of public record in single and separate ownership at the time of enactment of this chapter or applicable amendment thereto which does not meet the minimum area or lot width requirements of the district in which it is located, the provisions of § 182-177 herein shall apply.
No lot shall be so reduced that the area of
the lot or the dimensions of the required open space shall be less
than herein prescribed.
On corner lots, no physical improvements on
planting areas shall be erected, altered or maintained within the
required yards which shall cause obstruction to drivers' vision from
the abutting intersection. A sight triangle is a triangle whose legs
are the sides of a cartway and an access way which intersects it,
with each leg being not less than 30 feet from the point of intersection
of the two legs.
[Amended 12-10-1979 by Ord. No. 211; 9-20-1982 by Ord. No.
231; 12-16-2013 by Ord. No. 535]
No structure shall be erected without direct access over the same lot. Such access shall be at least 50 feet wide and shall extend from the structure to a public road. This section shall not be construed to apply to access to individual units within the R-3 and R-4 Residential Districts, which is provided for under §§ 182-52B(5) and 182-60B(5), respectively, and access to parcels within the VCO District, which is provided for under § 182-96.3B8(a). Additionally, the Board of Supervisors may require that access be taken from a private road with access to a public road, if a private road borders the proposed site; all easements and other required documentation shall be filed with the Township.
[Amended 9-20-1982 by Ord. No. 231]
Existing lots for which access to a public road is not in compliance with § 182-11 may be built upon only when authorized by a variance. In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be included. The strip of ground connecting the lot with the public road shall be used as access to only the particular lot of which it is a part.
[Added 12-16-1991 by Ord. No. 307]
Newly created rear lots may be allowed only
upon approval of the Board of Supervisors, upon recommendation by
the Planning Commission.
A.
Purposes for use of rear lots. Rear lots may be allowed
when one or more of the following purposes are served:
(1)
To preserve existing farmland and/or rural appearance
and character by locating building areas remote from existing road
frontage.
(2)
To permit reasonable subdivision of land which
is physically constrained by unusual configuration of the tract or
limited road frontage and which could not be subdivided in a desirable
manner using traditional road and lotting patterns.
(3)
When future subdivision of a tract is contemplated
and supported by a tentative sketch of the entire parcel and when
rear lotting serves to reduce the number of access points from existing
roads by providing for a common access driveway along an access strip
which is reserved for future use as a road right-of-way.
(4)
To permit an alternative to the construction
of new residential roads, where such roads cannot be justified in
terms of the number of lots served, volume of traffic generated and/or
the need to extend access to adjacent tracts.
B.
Design requirements. In addition to the regulations for rear lots contained in § 154-24 of Chapter 154, Subdivision and Land Development, the following design requirements shall apply to all rear lots:
(1)
For each rear lot created, there shall be a
corresponding road frontage lot containing at least the minimum lot
width at the building setback line for the applicable zoning district.
The frontage lot shall be located in front of and adjacent to the
rear lot being created.
(2)
The access strip shall be a fee simple part
of the rear lot and extend from the public road to the developable
portion of the lot which it serves. The access strip shall not be
a separate lot or easement over another lot.
(3)
The access strip shall be a minimum of 50 feet
in width for its entire length from the road right-of-way to the developable
portion of the lot, unless additional width is necessary or desirable
for drainage, grading or preservation of natural features.
(4)
The area of the access strip shall not be part
of the minimum lot area required for the applicable zoning district.
(5)
The minimum front yard depth shall be measured
along the property line which most nearly parallels the street upon
which the rear lot fronts.
Accessory uses authorized in this chapter shall
include any of the following or similar uses:
B.
Uses accessory to dwelling.
[Amended 2-21-1978 by Ord. No. 197; 6-15-1987 by Ord. No.
271]
(2)
Noncommercial greenhouses.
(3)
Home gardening.
(4)
Temporary
unit for relative (in-law suite). A temporary dwelling unit may be
established as an accessory use to a principal single-family dwelling
unit if the following requirements are met:
[Added 8-1-2011 by Ord. No. 517]
(a)
The unit shall be totally enclosed within the principal building.
(b)
The principal dwelling unit shall be owner-occupied.
(c)
An internal connection shall be maintained as a means of access between
the principal and accessory dwelling units.
(d)
The owners shall file a written covenant in the Montgomery County's
Recorder of Deeds office that prohibits the use of the property as
two or more dwelling units. The covenant must be approved by the Township
Solicitor.
(e)
Immediate family members are limited to parents, grandparents, children,
grandchildren, siblings, aunts, uncles, stepparents, and stepchildren.
C.
Uses accessory to residential subdivisions or land
developments.
[Added 2-5-1996 by Ord. No. 350]
(1)
Sales trailer or similar temporary structure used
in connection with the sale of lots, single-family detached houses
or other dwelling units in new residential subdivisions or land developments;
provided, however, that the trailer or structure and any ancillary
parking facilities are located only within the building envelope on
an approved residential lot in the subdivision or within the area
approved for development of residential units in the case of development
of non-single-family detached homes, and further provided that said
sales structure shall be removed within seven days following the issuance
of a certificate of occupancy for the first sample in the subdivision
or phase of subdivision or development or phase of development with
which the sales structure is associated.
D.
Permits required. Construction of any accessory use
which is either a structure or building, as defined in this chapter,
shall require the issuance of a zoning permit, regardless of the size
of its footprint.
[Added 3-15-2004 by Ord. No. 435]
E.
Limitation on number of accessory structures and/or
uses. The number of accessory structures and/or uses on any individual
lot shall be limited as follows: No more than 3% of the lot area shall
be devoted to the cumulative total for such structures and/or uses
for lots with lot areas up to and including 20,000 square feet, and
no more than 2% of the lot area shall be devoted to the cumulative
total for such structures and/or uses for lots with lot areas greater
than 20,000 square feet; provided, however, that in no case shall
the total number of accessory uses and/or structures on any lot exceed
three, exclusive of one swimming pool; further provided, that nothing
in this section shall be construed to allow greater building coverage
than is otherwise permitted in the zoning district in which the lot
is located.
[Added 3-15-2004 by Ord. No. 435]
[Amended 9-17-1990 by Ord. No. 301; 12-16-1991 by Ord. No.
307; 3-15-2021 by Ord. No. 588; 8-15-2022 by Ord. No. 595]
Except where stricter requirements apply, an accessory building may be erected within side or rear yards, provided that it is located at least as far back from the street line as the foremost portion of the principal building and provided, further, that the minimum distance between the building and side and/or rear lot line is five feet. When an accessory building is located on a corner lot the accessory building may be placed in a yard defined as the front yard for a comer lot (defined in § 182-5.1 herein), as long as that yard is not the front yard in which the primary structure predominantly faces. Any ambiguity regarding the yard area that the primary structure predominantly faces shall be determined by the Zoning Officer. Where a front yard of a corner lot allows for the placement of an accessory structure, it is subject to the same minimum five-foot setback as set forth herein for side and rear yards.
No structure and no part of a structure shall
be erected within or shall project into any minimum required yard
in any district, except that:
A.
An unenclosed porch, not more than 14 feet in height,
may be erected to extend into a required front or rear yard a distance
of not more than 10 feet, provided that in no case shall it extend
into such front or rear yard more than 1/2 the existing depth of the
yard.
B.
A terrace, platform or landing place not covered by
a roof, canopy or trellis, which does not extend above the level of
the first floor of the building, may be erected to extend into a required
yard a distance of not more than 12 feet, provided that it shall not
extend into such yard more than 40% of the existing depth or width
of the yard.
C.
A buttress, chimney, cornice, pier or pilaster of
a building may project not more than 18 inches into a required yard.
[Amended 2-21-1978 by Ord. No. 197]
D.
Open, unenclosed fire escapes, steps, bay windows
and balconies may project not more than three feet into a required
yard.
Exceptions to the maximum height specified in
each district shall be governed by the following:
A.
Chimneys, spires, towers, skylights, tanks, radio
or television aerials or similar uses or structures shall not be included
in calculating the height where such structures are customary vertical
projections of a permitted building.
B.
In any residential district the prescribed basic height
limit may be exceeded by one foot for each foot by which the width
of each side yard and the depth of each rear yard are increased beyond
the minimum requirements, up to a maximum of 10 feet.[1]
[1]
Editor's Note: Original Section 116, which
followed this section, was repealed 12-10-1979 by Ord. No. 209.
A.
Mobile homes are a permitted use in R-1, R-2 and R-3
Residential Districts, provided that they meet the applicable requirements
for single-family detached dwellings as set forth herein. In any land
development involving mobile homes, the mobile homes shall be considered
as single-family detached dwellings requiring sewerage and water facilities
and meeting all of the requirements of the respective district.
B.
Tracts of sufficient size to accommodate more than one lot and zoned to permit single-family detached dwellings may be utilized for the erection of more than one mobile home, provided that all regulations of that zoning district, all standard requirements applicable to the subdivision of land for single-family detached dwellings and all other applicable requirements are met. In addition, on tracts of 15 acres or greater in size, mobile homes may be grouped in a planned mobile home development, provided that compliance is made with all requirements of Article X, Mobile Home Development District, of this chapter and all regulations specified in Article VI, Mobile Home Developments, of Chapter 154, Subdivision and Land Development, and all other applicable regulations.
[Added 12-10-1979 by Ord. No. 209]
[Added 12-10-1979 by Ord. No. 209]
Modular construction may be used to create detached modular homes (one dwelling unit per structure) or attached modular homes (two or more dwelling units per structure). Detached modular homes are considered single-family detached dwellings and accordingly are allowed in any zoning district in which single-family detached dwellings are a permitted use. Similarly, attached modular homes are allowed in any zoning district in which similar conventionally built dwellings containing two or more dwelling units are a permitted use. All requirements of this chapter and Chapter 154, Subdivision and Land Development, or other regulations applicable to single-family detached or attached dwellings, as appropriate, are applicable to modular homes.
[Added 10-17-1994 by Ord. No. 329]
A.
Community residential programs as defined within § 182-24 of this chapter shall be permitted in any district in which other residential uses are allowed. In any such district in which there is more than a single set of area and width regulations, community residential programs shall meet the area and width regulations for single-family dwellings. Community residential programs which are intended to accommodate more than six handicapped individuals, excluding staff who do not reside on the property, shall only be permitted in an IN Institutional District and shall meet the applicable requirements of that district.
B.
Parking for a community residential program shall be provided in accordance with the requirements of § 182-179A(1), (2) or (3), as applicable. In addition, one additional all-weather parking space shall be provided for each resident who is permitted by the Commonwealth of Pennsylvania to operate a motor vehicle.
C.
It is the intent of this section to make reasonable
accommodations in the rules, policies and practices within this Township
to afford all handicapped or disabled persons equal opportunity to
use and enjoy a dwelling in satisfaction of the requirements of the
Fair Housing Act (42 U.S.C.A. § 3601 et seq.), as amended,
and the applicable regulations of the Pennsylvania Human Relations
Commission as they pertain to housing accommodations for any person
on the basis of a protected class as such term is defined by said
regulations. No provision of this chapter shall require that a dwelling
be made available to an individual whose tenancy would constitute
a direct threat to the health or safety of other individuals or whose
tenancy would result in substantial physical damage to the property
of others.
This chapter shall not apply to any existing
or proposed building or extension thereof used or to be used by a
public utility corporation if, upon petition of such corporation,
the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public;
nor shall this chapter apply to any building of the Township, or extension
thereof, or to the use of any premises by the Township.
[Amended 9-17-1990 by Ord. No. 301]
No section of this chapter shall be construed
to prohibit condominium ownership as permitted by the Uniform Condominium
Act (68 Pa.C.S.A. § 3101 et seq.).[1]
[1]
Editor's Note: Original Sections 120, Prohibition of Public Nuisances, and 121, Garage Sales, which followed this section, were deleted at time of adoption of Code 9-17-1990 by Ord. No. 301; see Ch. 1, General Provisions, Art. I. For current provisions, see Ch. 135, Property Maintenance, § 135-1A, and Ch. 94, Garage Sales, § 94-5.
[Amended 12-16-1991 by Ord. No. 307; 8-6-2001 by Ord. No.
405]
A.
Helistops are permitted uses in the CRSC, M-1, M-2 and IO Districts. Heliports are permitted as conditional uses in the M-1 and M-2 Districts, and helistops are permitted as conditional uses in the IO-2 District, upon approval of the Board of Supervisors in accordance with the requirements of § 182-204 of this chapter. All applications for helistops and heliports, either as permitted uses or conditional uses, shall be subject to the following provisions:
(1)
The proposed use would not be detrimental to the health,
welfare and safety of Township residents and their property.
(2)
New heliports and helistops will be designed to the
current Federal Aviation Administration's (FAA) AC150/5390 heliport
design guide or subsequently applicable FAA advisory circular. Existing
heliports and helistops will be grandfathered to the design guide
under which they were constructed.
(3)
Upon the granting of approval by the Board of Supervisors,
the Zoning Officer shall issue a permit for a one-year period which
must be renewed annually. If at any time the conditions of the approval
or any other conditions imposed by the Board of Supervisors are violated,
the permit may be revoked by the Zoning Officer.
(4)
All applicable FAA and/or Pennsylvania Department
of Transportation Bureau of Aviation permits and/or licenses required
to operate the facility have been granted and copies of said permits
or licenses are on file with the Township. Any restrictions imposed
by the FAA and/or Pennsylvania Department of Transportation Bureau
of Aviation shall be additional to those imposed by the Township and
shall govern in the event of any conflict between Township and FAA
and/or Pennsylvania Department of Transportation Bureau of Aviation
requirements. In the event of transfer of ownership of the helistop
or heliport, permission to operate said facility shall be considered
withdrawn unless and until all appropriate FAA permits and/or licenses
have been transferred to the new owner and have been refiled with
the Township.
B.
It shall be unlawful for any person to land, discharge,
load or take off in a helicopter any place within the Township other
than at a helistop or heliport, except:
(1)
In conjunction with a special event such as an athletic
contest, a holiday celebration, parade or similar activity, after
seven days' advance notice has been given to the Zoning Officer and
permission obtained to make such landing and takeoff.
(2)
When necessary for law enforcement purposes and for
emergencies.
(3)
In connection with a construction project where a
helicopter is to be used to lift equipment in connection with such
project.
[Added 6-1-1998 by Ord.
No. 372; amended 2-21-2017 by Ord. No. 559; 8-15-2022 by Ord. No. 594]
A.
Applicability.
(1)
Preexisting wireless communications facilities. Wireless communications
facilities for which a permit has been issued prior to the effective
date of this section shall not be required to meet the requirements
of this section.
(2)
Exclusion for amateur radio facilities. This section shall not
govern the installation of any amateur radio facility that is owned
or operated by a federally licensed amateur radio station operator
or is used exclusively for receive-only antennas.
(3)
Relationship to other chapters. This section shall supersede
all conflicting requirements of other chapters of this code regarding
the locating and permitting of wireless communications facilities.
B.
Regulations applicable to all wireless communications facilities.
(1)
Standard of care. All WCFs shall meet or exceed all applicable
standards and provisions of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
wireless communications facilities, the latest National Electrical
Safety Code (NESC), American National Standards Institute (ANSI) Code,
and the structural standards of the American Association of State
Highway and Transportation officials or any other industry standard
applicable to the structure. In case of conflict, the most stringent
requirements shall prevail. All necessary certifications shall be
obtained by the WCF applicant and provided to the Township.
(2)
Engineer signature. All plans and drawings included in an application
for a WCF shall contain a seal and signature of a professional engineer,
licensed in the Commonwealth of Pennsylvania.
(3)
Eligible facilities requests.
(a)
WCF applicants proposing a modification to an existing WCF shall
be required only to obtain a building permit from the Township Director
of Planning and Zoning. In order to be considered for such permit,
the WCF applicant must submit a permit application to the Township
Director of Planning and Zoning in accordance with applicable permit
policies and procedures. Such permit application shall clearly state
that the proposed modification constitutes an eligible facilities
request pursuant to the requirements of 47 CFR § 1.6100.
The permit application shall detail all dimensional changes being
made to the WCF and wireless support structure.
(b)
Timing of approval.
[1]
Within 30 calendar days of receipt of a complete
application for the modification of an existing WCF, the Township
Director of Planning and Zoning shall notify the WCF applicant in
writing of any information that may be required to complete such application.
[2]
Within 60 days of receipt of a complete application
for the modification of an existing WCF, the Township Director of
Planning and Zoning shall issue the required building and zoning permits
authorizing construction of the WCF.
(4)
Wind and ice. All WCFs shall be designed to withstand the effects
of wind gusts and ice to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
(5)
Aviation safety. WCFs shall comply with all federal and state
laws and regulations concerning aviation safety.
(6)
Public safety communications. WCFs shall not interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(7)
Radio frequency emissions. A WCF shall not, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant
shall submit proof of compliance with all applicable standards relating
to radio frequency emissions as part of any complete WCF application.
(8)
Noise. WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under state law and
the Township Code, except in emergency situations requiring the use
of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(9)
Nonconforming wireless support structures. WCFs shall be permitted
to collocate upon existing nonconforming wireless support structures.
Collocation of WCFs upon existing wireless support structures is encouraged
even if the wireless support structure is nonconforming as to use
within a zoning district.
(10)
Inspections; reports. Wireless communications facilities shall
be inspected at least once every five years to ensure structural integrity
and compliance with applicable federal, state and local codes and
regulations. Inspection reports shall be submitted to the Township
upon request.
(11)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a WCF, as
well as related inspection, monitoring, and related costs. Such permit
fees shall be established by the Township fee schedule.
(12)
Indemnification. Each person that owns or operates a 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 WCF. Each person that owns or operates a 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 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.
(13)
Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennae for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 182-21.1.
(14)
Abandonment; removal. In the event that use of a WCF is to be
discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. A WCF not operated for a period of 12 months shall be
considered abandoned. Discontinued or abandoned WCFs, or portions
of WCFs, shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory equipment shall be
removed within 90 days of the cessation of operations at the site
or receipt of notice that the WCF has been deemed abandoned by the
Township, unless a time extension is approved by the Township.
(b)
If the WCF or accessory equipment is not removed within 90 days
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF regardless of the owner's or operator's
intent to operate the WCF in the future.
(c)
The Township reserves the right to pursue all available remedies
under the law to ensure removal of the WCF and restoration of the
site at the expense of the owner. Any delay by the Township in taking
action shall not invalidate the Township's right to take action.
(d)
Where there are two or more users of a single WCF, this provision
shall not become effective until all users have terminated use of
the WCF for a period of 12 months.
(15)
Maintenance. The following maintenance requirements shall apply:
(a)
All WCFs shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance, repair or replacement.
(b)
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 in accordance with all applicable Township, state and
federal regulations.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(16)
Insurance.
(a)
Each person that owns or operates a tower-based WCF shall provide
the Director of Planning and Zoning 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.
(b)
Each person that owns or operates a nontower WCF or small WCF
shall provide the Director of Planning and Zoning 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 WCF.
(17)
Engineer signature. All plans and drawings for a WCF shall contain
a seal and signature of a professional structural engineer, licensed
in the Commonwealth of Pennsylvania.
C.
Specific requirements for small wireless communications facilities.
(1)
Small WCFs shall be a permitted use in all Township zoning districts, subject to the requirements of this § 182-21.1 and applicable permitting by the Township.
(2)
Application procedures.
(a)
Applications for small WCFs shall be submitted to the Township
Director of Planning and Zoning.
(b)
Applications for small WCFs shall include the following:
[1]
A cover letter detailing the location of the proposed
site, all equipment being proposed as part of the small WCF, and a
certification that the WCF applicant has included all information
required by the Township Code, signed by a representative of the WCF
applicant.
[2]
A before-and-after depiction of the proposed site,
such as a construction drawing, showing all equipment being proposed
as part of the small WCF.
[a]
If the small WCF is proposed for location on an
existing or replacement wireless support structure that currently
supports existing attachments, the depiction shall show the location
and dimensions of all such attachments.
[b]
If installation of a new or replacement wireless
support structure is being proposed, the depiction shall include the
color, dimensions, material and type of wireless support structure
proposed.
[3]
The manufacturer and model, proposed location,
and physical dimensions (including volume) of each piece of equipment
proposed as part of the small WCF.
[4]
An aerial photograph of the proposed site showing
the area within 500 feet of the small WCF. The aerial photograph shall
identify all structures within such radius.
[5]
Photo simulations depicting the small WCF from
at least three locations near the proposed site. The photo simulations
should reflect the proposed design and location of all equipment associated
with the small WCF.
[6]
A written certification by a structural engineer
licensed in the Commonwealth of Pennsylvania confirming that the proposed
small WCF and wireless support structure are structurally sound and
shall not endanger public health and safety.
[7]
A report by a qualified engineering expert which
shows that the small WCF will comply with applicable FCC regulations,
including applicable standards for radiofrequency emissions.
[8]
A certificate of insurance as required by § 182-21.1C(12).
[10]
All application fees required by the Township
as detailed in the Township fee schedule.
(c)
Timing of approval.
[1]
Within 10 business days of the date that an application
for a small WCF is filed with the Township Director of Planning and
Zoning, the Township shall notify the WCF applicant in writing of
any information that may be required to complete such application.
The applicant may then resubmit its application, at which point the
applicable timeframe for approval shall restart. Any subsequent notice
of incompleteness shall be issued within 10 business days of receipt
of a resubmitted application and shall toll the applicable timeframe
for approval until such time as the application is resubmitted.
[2]
Within 60 days of receipt of an application for
collocation of a small WCF on a preexisting wireless support structure,
the Township Director of Planning and Zoning shall make a final decision
on whether to approve the application and shall notify the WCF applicant
in writing of such decision.
[3]
Within 90 days of receipt of an application for
a small WCF requiring the installation of a new or replacement wireless
support structure, the Township Director of Planning and Zoning shall
make a final decision on whether to approve the application and shall
notify the WCF applicant in writing of such decision.
[4]
If the Township denies an application for a small
WCF, the Township shall provide the WCF applicant with written documentation
of the basis for denial, including the specific provisions of the
Township Code on which the denial was based, within five business
days of the denial.
[5]
The WCF applicant may cure the deficiencies identified
by the Township and resubmit the application within 30 days of receiving
the written basis for the denial without being required to pay an
additional application fee. The Township shall approve or deny the
revised application within 30 days of the application being resubmitted
for review.
(d)
Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 182-21.1C(2)(c) be extended by 15 days.
(3)
Location and development standards.
(a)
Small WCFs in the public ROW requiring the installation of a
new wireless support structure shall not be located in front of any
building entrance or exit.
(b)
All small WCFs shall comply with the applicable requirements
of the Americans with Disabilities Act and all Township Code requirements
applicable to streets and sidewalks.
(4)
Time, place and manner. Once approved, the Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
(5)
Obstruction. Small WCFs and accessory equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW as
determined by the Township.
(6)
Graffiti. Any graffiti on a small WCF, including the wireless
support structure and any accessory equipment, shall be removed at
the sole expense of the owner within 10 calendar days of notification
by the Township.
(7)
Design standards. All small WCFs in the Township shall comply
with the requirements of the Township Small Wireless Communications
Facility Design Manual. A copy of such shall be kept on file at the
Township Department of Community Development.
(8)
Obsolete equipment. As part of the construction, modification
or replacement of a small WCF, the WCF applicant shall remove any
obsolete or abandoned equipment from the wireless support structure.
(9)
Relocation or removal of facilities. Within 90 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small WCF in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any WCF when the Township, consistent with its
police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency that constitutes a clear and immediate danger to
the health, welfare, or safety of the public as determined by the
Township.
(10)
Time limit for completion of construction. The proposed collocation,
the modification or replacement of a wireless support structure or
the installation of a new wireless support structure with small WCF
attached for which a permit is granted under this section shall be
completed within one year of the permit issuance date unless the Township
and the WCF applicant agree in writing to extend the period.
(11)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Township's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Township. The owner of each small WCF
shall pay an annual fee to the Township to compensate the Township
for the Township's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
D.
Specific requirements for nontower wireless communications facilities.
(1)
The following regulations shall apply to all nontower WCFs that
do not meet the definition of a small WCF:
(b)
Permitted in certain districts. Nontower WCFs shall be permitted outside the public rights-of-way in all zoning districts as a conditional use, subject to the requirements of this § 182-21.1 and applicable permitting by the Township.
(c)
Development regulations.
[1]
The total height of any nontower WCF shall not
exceed 20 feet above the preexisting height of the wireless support
structure to which the WCF is attached.
[2]
In accordance with industry standards, all nontower
WCF applicants must submit documentation to the Township showing that
the proposed nontower WCF is designed to be the minimum height technically
feasible and justifying the total height of the nontower WCF.
[3]
If the WCF applicant proposes to locate the accessory
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
[4]
A security fence of not less than six feet and
not more than 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.
(d)
Design.
[1]
In order to assist in evaluating the visual impact,
the WCF applicant shall provide color photo simulations showing the
proposed site of the nontower WCF with a photo-realistic representation
of the proposed WCF as it would appear viewed from the closest residential
property, adjacent roads and from other locations as required by the
Township.
[2]
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 utilized
by the WCF applicant shall be subject to the approval of the Township.
[3]
Nontower WCFs shall, to the extent technically
feasible, incorporate architectural features, materials and colors
which blend with surrounding buildings, structures, terrain or landscape.
Applications for nontower WCFs shall be subject to review and approval
by the Design Review Board.
[4]
Nontower WCFs and accessory equipment must be of
a neutral color that is identical to or closely compatible with the
wireless support structure so as to make the WCF and accessory equipment
as visually unobtrusive as possible. Roof-mounted nontower WCFs shall
match existing air-conditioning units, stairs, elevator towers or
other background as nearly as possible.
(e)
Prohibited on certain structures. No nontower WCF shall be located
on single-family detached residences, single-family attached residences,
semidetached residences, duplexes, or any residential accessory structure.
(f)
Third party wireless support structures. Where the nontower
WCF is proposed for collocation on a wireless support structure that
is not owned by the WCF applicant, the WCF applicant shall present
documentation to the Director of Planning and Zoning that the owner
of the wireless support structure has authorized collocation of the
proposed nontower WCF.
(g)
Historic buildings. No nontower WCF may be located within 100
feet of any property, or on a building or structure that is listed
on either the National or Pennsylvania Registers of Historic Places,
located within a historic district, or is included in the official
historic structures list maintained by the Township.
(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 at its sole discretion
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.
(i)
Substantial change. Any substantial change to a WCF shall require
notice to be provided to the Township Director of Planning and Zoning,
and possible supplemental permit approval as determined by the Township
Director of Planning and Zoning in accordance with the Township Code.
(j)
Timing of approval.
[1]
Within 30 calendar days of the date that an application
for a nontower WCF is filed with the Township Director of Planning
and Zoning, the Township Director of Planning and Zoning shall notify
the WCF applicant in writing of any information that may be required
to complete such application.
[2]
Within 90 days of receipt of a complete application
for a nontower WCF, the Township Director of Planning and Zoning shall
make a final decision on whether to approve the application and shall
notify the WCF applicant in writing of such decision.
E.
General and specific requirements for tower-based wireless communications
facilities.
(1)
The following regulations shall apply to all tower-based wireless
communications facilities:
(b)
Tower-based WCFs are permitted outside the public rights-of-way in all nonresidential zoning districts, not including overlay districts, as a conditional use, subject to the requirements of this § 182-21.1 and applicable permitting by the Township. Tower-based WCFs shall not be permitted in any Open Space Conservation District.
(c)
Conditional use. Tower-based WCFs are permitted outside the public rights-of-way as a conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 182-21.1E.
[1]
Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall send via first class mail notice to all owners
of every property within 500 feet of the proposed facility, advising
of the subject matter and date of such hearing. Such notice shall
be sent at least 10 days in advance of any such hearing. The WCF applicant
shall provide proof of the notification to the Board of Supervisors
along with the list of return receipts received.
[2]
Prior to the Board of Supervisors' approval
of a conditional use authorizing the construction and installation
of a tower-based WCF, it shall be incumbent upon the WCF applicant
for such conditional use approval to prove to the reasonable satisfaction
of the Board of Supervisors that the WCF applicant cannot adequately
extend or infill its communications system by the use of equipment
installed on existing structures, such as utility poles or their appurtenances
and other available structures. The WCF applicant shall further demonstrate
that the proposed tower-based WCF must be located where it is proposed
in order to serve the WCF applicant's service area and that no
other viable, less-intrusive alternative location exists.
[3]
The conditional use application shall include a
site plan, drawn to scale, showing property boundaries, power location,
total height of the tower-based WCF, guy wires and anchors, existing
structures, elevation drawings, typical design of proposed structures,
parking, fences, landscaping and existing uses on adjacent properties.
[4]
Where the tower-based WCF is located on a property
that is not owned by the WCF applicant, the WCF applicant shall present
evidence to the Board of Supervisors that the owner of the property
has granted an easement or other property right, if necessary, for
the proposed WCF and that vehicular access will be provided to the
facility.
[5]
The conditional use application shall include a
written certification by a structural engineer licensed in the Commonwealth
of Pennsylvania 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.
[6]
An application for a new tower-based WCF shall
demonstrate that the proposed tower-based WCF cannot be accommodated
on an existing wireless support structure. Board of Supervisors may
deny an application to construct a new tower-based WCF if the WCF
applicant has not made a good faith effort to mount the antenna(s)
on an existing wireless support structure. The WCF applicant shall
demonstrate that it contacted the owners of all potentially feasible
structures, buildings, and towers within a one-mile radius of the
site proposed, sought permission to install an antenna on those structures,
buildings, and towers and was denied for one of the following reasons:
[a]
No existing support structure, building or other
structure are located within the geographic area which meet the applicant's
engineering requirements.
[b]
Existing support structures, buildings or other
structures are not of sufficient height to meet the applicant's
engineering requirements.
[c]
Existing support structures, buildings or other
structures do not have the strength to support the applicant's
equipment.
[d]
The WCF applicant's equipment would cause
electromagnetic interference with equipment on the existing support
structure, building or other structure.
[e]
Fees, costs or contractual provisions required
by the owner in order to share an existing location or to adapt for
the applicant are unreasonable. Costs exceeding new construction for
a support structure are presumed to be unreasonable.
[f]
The WCF applicant demonstrates that there are other
limiting factors that render other locations unsuitable.
(d)
Development regulations.
[1]
Tower-based WCFs shall not be located in, or within
50 feet of an area in which all utilities are located underground.
[2]
Sole use on a lot. A tower-based WCF shall be permitted
as a sole use on a lot, provided that the underlying lot is a minimum
of 6,000 square feet. The minimum distance between the base of a tower-based
WCF and any adjoining property line or street right-of-way line shall
equal 100% of the proposed WCF structure's height.
[3]
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 zoning district and shall
be the area needed to accommodate the tower-based WCF and accessory
equipment, any guy wires, the equipment building, security fence,
and applicable screening.
(e)
Design regulations.
[1]
Height. Any tower-based WCF shall be designed at
the minimum functional height. The maximum total height of a tower-based
WCF which is not located in the public ROW shall not exceed 200 feet,
as measured vertically from the ground level to the highest point
on the tower-based WCF, including antennas.
[2]
Visual appearance and land use compatibility.
[a]
Tower-based WCFs shall employ the most current
stealth technology available at the time of construction 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.
[b]
All tower-based WCFs and accessory equipment shall
be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade to blend with
the existing surroundings and neighboring buildings to the greatest
extent possible.
[c]
The Board of Supervisors shall consider whether
its decision upon the subject application will promote the harmonious
and orderly development of the zoning district involved; encourage
compatibility with the character and type of development existing
in the area; prevent a negative impact on the aesthetic character
of the community; preserve woodlands and trees existing at the site
to the greatest possible extent; and encourage sound engineering and
land development design and construction principles, practices and
techniques.
[3]
Anticlimbing device. If deemed necessary by the
Board of Supervisors, a tower-based WCF shall be equipped with an
anticlimbing device, as approved by the manufacturer.
[4]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 50% of the proposed WCF structure height
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 residential use, the minimum distance between the base
of a tower-based WCF and any such adjoining uses shall equal 110%
of the proposed height of the tower-based WCF unless it is demonstrated
to the reasonable satisfaction of Supervisors 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.
(f)
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
Board of Supervisors complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/TIA-222, as amended, to document and verify the
design specifications of the foundation of the tower-based WCF, and
anchors for guy wires, if used.
(g)
Fence/screen.
[1]
A security fence having a minimum height of six
feet and a maximum 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 accessory equipment.
[2]
Landscaping shall be required to screen as much
of a newly constructed tower-based WCF as possible. Board of Supervisors
may permit any combination of existing vegetation, topography, walls,
decorative fences or other features instead of landscaping, if, in
the discretion of Board of Supervisors, they achieve the same degree
of screening.
(h)
Accessory equipment.
[1]
Accessory equipment associated, or connected, with
a tower-based WCF shall be placed underground or screened from public
view using stealth technology. All ground-mounted accessory equipment,
utility buildings and accessory structures shall be architecturally
designed to be concealed from public view to the maximum extent possible
and be compatible with the architecture of surrounding buildings,
structures or landscape.
[2]
Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or its equivalent
may be permitted for each unrelated company sharing antenna space
on the tower-based WCF.
(i)
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Board of Supervisors with a written commitment that it will allow other service providers to collocate antennas on the tower-based WCF where technically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this § 182-21.1.
(j)
FCC license. Each person that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(k)
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.
(l)
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.
(m)
Storage. The storage of unused equipment, materials or supplies
is prohibited on any tower-based WCF site.
(n)
Repair of nonconforming tower-based WCF. Nonconforming tower-based
WCFs which are hereafter damaged or destroyed due to any reason or
cause may be repaired and restored at their former location but must
otherwise comply with the terms and conditions of this section. The
collocation of antennas is permitted on existing nonconforming tower-based
WCFs.
(o)
Timing of approval.
[1]
Within 30 calendar days of the date that an application
for a tower-based WCF is filed with the Township Director of Planning
and Zoning, the Township Director of Planning and Zoning shall notify
the WCF applicant in writing of any information that may be required
to complete such application.
[2]
Within 150 calendar days of receipt of a complete
application for a tower-based WCF, Board of Supervisors shall make
a decision to approve or deny the proposed tower-based WCF and the
Township Director of Planning and Zoning shall issue the required
building and zoning permits authorizing construction of the tower-based
WCF.
[Added 3-15-2004 by Ord. No. 436]
No-impact home-based businesses, as defined in § 182-24 herein, must satisfy the following requirements wherever they are permitted by the terms of this chapter:
A.
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than
family members residing in the dwelling.
C.
There shall be no display or sale of retail goods
and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste
or sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
G.
The business activity shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area.
H.
The business may not involve any illegal activity.
I.
Permission to operate a no-impact home-based business
in any district in the Township shall not supercede any deed restriction,
covenant or agreement restricting the use of land, nor any master
deed, bylaw or other document applicable to a common interest ownership
community.
[Added 3-15-2004 by Ord. No. 436]
Notwithstanding the provisions in this chapter for no-impact home-based businesses, home occupations, whenever such use is specifically permitted in any zoning district, shall meet the following standards, in addition to those contained in the definition for this term contained in § 182-24, herein:
A.
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
C.
Parking shall be provided in accordance with the provisions of § 182-179A(1) of this chapter. All parking required by said section shall be located to the side or rear of the residence. A planted buffer shall be installed between any parking area and a property line where any part of the parking area is located within 15 feet of said property line. The buffer shall follow the planting prescription for a Buffer Type 2 as stipulated in § 154-36D(5)(c) of Chapter 154, Subdivision and Land Development; the width of said buffer, however, shall only be required to be 10 feet and not as prescribed in said section. An opaque fence may substitute for the buffer required herein.
D.
The home occupation shall not require servicing or
deliveries by vehicles larger than single-unit trucks, and such servicing
or deliveries shall be on a very occasional basis; any servicing or
deliveries by tractor trailer trucks shall be prohibited.
E.
The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood. No use shall require
any construction or use of any equipment that would change the fire
rating of the structure or in any way significantly increase the fire
danger to neighboring structures or residences.
F.
The business activity may not generate any solid waste
or sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
G.
The business may not involve any illegal activity.
H.
There shall be no more than one home occupation per
residence.
I.
Permission to operate a home occupation in any district
in the Township shall not supercede any deed restriction, covenant
or agreement restricting the use of land, nor any master deed, bylaw
or other document applicable to a common interest ownership community.
[Added 10-1-2007 by Ord. No. 476; amended 1-7-2013 by Ord. No.
525; 3-15-2021 by Ord. No. 588]
The area of all public rights-of-way and public
easements shall be maintained free and clear of all accessory uses,
and such areas not containing public improvements shall be maintained
open and as lawn (where required). Fences may be permitted in public
easement areas when the property owners accept a restrictive covenant
permitting Township removal or replacement if deemed necessary by
the Township, without financial compensation. The restrictive covenant
shall be prepared by the Township Solicitor and filed with the Montgomery
County Recorder of Deeds office.
[Added 8-1-2011 by Ord. No. 517]
A.
When
recreation and open space amenities are required to be dedicated as
part of the land development process, off-site parcels may be proposed
to the Township in lieu of that dedication. Acceptance and permission
for this option is wholly at the discretion of the Township's Board
of Supervisors, and must conform to the following:
(1)
Properties off site offered for dedication in lieu of on-site recreation
and open space amenities shall be a single lot, or a contiguous collection
of parcels wholly owned by the owner/developer of the initial development
parcel.
(3)
Any proposed land offered in lieu of on-site amenities must be offered
to Upper Providence Township for dedication. Acceptance of the dedicated
property is wholly at the discretion of the Board of Supervisors;
if the dedication is not accepted by the Township, the use of this
provision is not permitted. Preference will be given to those properties
identified for preservation in the 2006 Open Space and Environmental
Protection Plan and 2010 Comprehensive Plan.
[Added 3-20-2017 by Ord.
No. 561]
In cases where the development or significant redevelopment of a tract is to be undertaken, the developer shall provide community and open space areas for the comfort and convenience of prospective patrons, employees, and residents. Such area shall be governed by the provisions of Article IVA, Open Space and Recreational Facilities, of Chapter 154, Subdivision and Land Development. At the discretion of the Board of Supervisors, the developer shall provide a fee in lieu of dedication as an alternative to setting aside open space. Said fee shall be provided in accordance with § 154-40.6 of Chapter 154, Subdivision and Land Development. In no instance shall the provisions of § 182-21.6 of this chapter apply to recreation and open space requirements within nonresidential zoning districts.
The interpretation of this chapter is intended
to be such that whenever these requirements are at variance with Township
subdivision and development regulations or any other lawfully adopted
rules, regulations, ordinances, deed restrictions or covenants as
particularly refer to area and bulk regulations and impose higher
standards, the most restrictive requirement shall govern.
