Buffalo Township Washington County
City Zoning Code
City Zoning Code
ARTICLE IX
Supplemental Regulations For All Zoning Districts
§ 265-40 Application of regulations.
The regulations specified in this article shall apply in all zoning districts in addition to all other applicable regulations.
§ 265-41 Existing uses.
A.
Continuation. All uses which exist on the date of enactment of this Amendment to the Zoning Ordinance which were existing uses as of the date of Ord. No. 17,[1] which would not be permitted under the use provisions of this chapter, shall be considered under the following regulations:
(1)
Expansion or extension of existing uses. Natural and reasonable expansion and extensions of existing uses not in excess of 25% and in accordance with this chapter may be permitted by the Zoning Hearing Board after public hearing under these conditions:
(a)
The owner or operator desiring such expansion or extension shall file an application with the Zoning Officer who shall thereupon set the matter for hearing before the Board.
(b)
Any use which is substantially different from the original existing use shall be prohibited.
(c)
Additional parking area of itself shall not be considered an expansion.
[1]
Editor's Note: Ord. No. 17, adopted 3-8-1973, was superseded by Ord. No. 27.
B.
Reconstruction. Any structure which exists on the date of enactment of this chapter which is damaged by fire or other casualty may be reconstructed and used as before.
C.
Certificate required. All uses which exist on the date of enactment of this chapter which would not be permitted under the use provisions of this chapter shall be registered as existing uses. Within one year of the enactment of this chapter, the owner of any such use shall obtain a zoning certificate which shall certify that the use lawfully existed prior to the adoption of the Zoning Ordinance.
D.
Limitation of regulations. It is not the intent of this section to require the registration of any existing use or structure which meets the use provisions of the district in which it is located, but which does not meet the dimensional requirements of the district.
§ 265-42 Accessory uses.
A.
Exterior storage of motor vehicles. The exterior storage of not more than one motor vehicle which does not have a current inspection sticker shall be considered an accessory use, but two or more shall constitute an auto salvage business and shall not be permitted as an accessory use.
§ 265-43 Signs.
A.
Exempt signs. The following signs shall be exempted from these regulations:
(1)
Directional, information or public service signs such as those advertising the availability of rest rooms, telephone or similar public conveniences, and signs advertising meetings times and places of nonprofit service or charitable clubs or organizations, may be erected or maintained provided that such signs do not advertise any commercial or industrial establishment, activity or organization. Such signs shall not exceed two square feet in area.
(2)
Signs of schools, colleges, churches, hospitals or of institutions of a similar nature relating exclusively to the identity, activities and services of such institutions and shall be limited to one such sign for each separate use of no more than 24 square feet.
B.
Temporary sign regulations. The following shall be observed in all districts: Temporary signs, including signs advertising land or premises available for purchase, development or occupancy, or announcements of special events, or signs or mechanics or artisans shall be permitted, provided that:
(1)
Real estate signs shall not exceed six square feet in area and not more than one such sign shall be erected for each 10,000 square feet (or portion thereof) of property held in single or separate ownership.
(2)
Such signs must be removed by the person or persons erecting them upon completion of the sale or rental of the property.
(3)
Other such signs shall not exceed 12 square feet in area, shall be limited to one per property and shall be removed immediately upon the completion of work and the site or building on which the sign was erected shall be restored to its original condition upon removal of such signs.
C.
Business signs. Business signs shall be permitted in connection with any legal business when located on the same premises and if they meet the following requirements.
(1)
Signs shall not contain information or advertising for any product not sold on the premises.
(2)
Free standing signs advertising a business use are permitted when located on the same premises and provided that only one such sign is erected for any one business establishment and that the area of the sign does not exceed 30 square feet.
(3)
Business signs attached parallel to the wall of the business premises which they announce or advertise shall not be larger than 15% of the wall area, including doors and windows, upon which they are affixed.
(4)
When individual letters are used separately on a plain surface, the spaces between said letters shall be included in computing the area of the sign.
(5)
Mounted signs shall be installed parallel to the supporting wall and project not more than 10 inches from the face of any such wall.
(6)
A nonconforming sign on a nonconforming use may be continued but the area of such sign, or signs, shall not be increased.
(7)
The aggregate total area of all signs on each commercial parcel shall be a maximum of 75 square feet or 2 1/2 square feet per front foot of the building, whichever is less.
(8)
Signs shall not be painted directly on the surface of any building.
D.
Signs in residential districts (general limitations):
(1)
Signs indicating name, address or professional activity (name plate) of occupant of premises shall not exceed three square feet in area and shall be limited to one such sign for each separate use or dwelling.
(2)
No sign shall be constructed, located or illuminated in any manner which causes undue glare, distraction, nuisance or confusion to traffic or to other property.
(3)
No sign shall be erected within the lines of a street right-of-way except traffic signs and similar regulatory notices of a duly constituted governmental body.
(4)
No artificial light or reflecting device shall be used as a part of a sign where such light or device interferes with, competes for attention with, or may be mistaken for a traffic signal.
(5)
Floodlighting shall be arranged so that the source of light is not visible from any point off the lot and that only the sign is directly illuminated thereby.
(6)
No sign shall be erected except on the property to which it is related.
(7)
Billboards are prohibited in all residential districts.
(8)
Flashing, moving, neon (and the use of other gaseous material) or oscillating lights are expressly prohibited.
(9)
No signs shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of the Township Zoning Ordinance.
(10)
Every sign permitted except temporary signs must be constructed of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated shall be removed by the Township at the expense of the owner or lessee of the property on which it is located.
(11)
Nonconforming signs once removed physically may be replaced only with conforming signs; every sign erected shall also comply with the yard requirements for buildings for the zoning district in which said sign is erected.
(12)
No business or industrial sign shall be placed to face an abutting Residential District except when authorized as a special exception.
(13)
Size is not limited to signs in Industrial Districts, but such signs must advertise goods or services sold or produced on the premises.
(14)
If a use ceases for a period of six months, signs advertising the ceased business or businesses must be removed. Such signs may be removed by the Township at the expense of the owner or lessee of the property on which such sign is located.
(15)
A temporary real estate or construction sign is permitted on property being sold, leased or developed. Such sign shall be promptly removed when it has fulfilled its purpose.
§ 265-44 Off-street parking regulations.
Off-street parking space or spaces with a proper and safe access shall be provided within a structure or in the open to serve adequately the uses on each lot within the district. For purposes of computing car space, including stalls and driveways, parking space for one vehicle shall be equal to at least 400 square feet and shall have a stall of at least nine feet by 20 feet in size. Parking spaces shall have an approved paved surface, shall be adequately marked, and shall have safe and convenient access in all seasons.
A.
Additional off-street parking requirements.
Use | Parking Spaces Required |
|---|---|
Single-family dwelling | 2 spaces |
Two-family dwellings | 2 spaces |
Multiple-family dwellings | 1 1/2 spaces per dwelling unit |
School, elementary | 1 space for every 8 pupils of rated capacity |
Stores, shops, restaurants, clubs, private recreational facilities, funeral homes | 1 for every 100 square feet of public floor space |
Business services, professional offices | 1 for every 200 square feet of net floor area |
School, other | 1 space for every 10 pupils of rated capacity or for each 200 square feet of the largest meeting place, whichever is greater |
Office buildings | 1 for every 300 square feet of gross floor area, exclusive of the area used for storage, utilities and building service area |
Medical and dental clinics and offices | 1 for every 2 employees, plus 4 spaces per doctor |
Church | 1 for every 3 fixed seats or 200 square feet of floor area, whichever is greater |
Lodge, library, museum | 1 for every 50 square feet of floor area used for assembly in the building |
Motel, hotel | 1 for every separate sleeping unit, plus 5 additional spaces per 100 units or fraction thereof; and, 1 space for each employee; if the motel-hotel facility also has related uses, such as restaurants or public meeting facilities, additional parking shall be provided in accordance with the requirements for restaurants, meeting places, etc. |
Industrial uses, other uses | 1 for every employee on largest shift as determined by the Planning Commission |
B.
Construction. Any off-street parking area for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.
C.
Lighting. Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from any adjoining premises.
D.
Landscaping. Any parking area for more than five vehicles which is located within or adjoins any property in a Residential District shall be landscaped around its periphery with shrubbery or trees designed to screen the view of the parking lot from adjacent properties.
§ 265-45 Off-street loading requirements.
A.
Standards.
(1)
Off-street loading and unloading space or spaces, with proper and safe access from street or alley, shall be provided on each lot where it is deemed that such facilities are necessary to adequately serve the uses within the district. Each loading and unloading space shall:
(a)
Be at least 14 feet wide, 60 feet long and shall have at least a fifteen-foot vertical clearance;
(b)
Have a sixty-foot maneuvering area;
(c)
Have an all-weather surface to provide safe and convenient access during all seasons;
(d)
Not be constructed between the street right-of-way line and the building setback line.
(2)
Required off-street parking space (including aisles) shall not be used for loading and unloading purposes, except during hours when business operations are suspended.
(3)
Loading and unloading facilities shall be designed so that trucks need not back in nor out, nor park in, the public way.
B.
Requirements. At least one off-street loading space shall be provided for all commercial and industrial concerns in excess of 3,500 square feet of floor area. The number of loading and unloading spaces shall be left to the discretion of the developer; however, the standards of this section shall be maintained, and the number of proposed spaces approved by the Planning Commission.
§ 265-46 Outdoor storage prohibition.
The outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations on the premises subject to design and performance standards for the prevailing zoning district. Junkyards, as defined by this chapter, are expressly prohibited.
§ 265-47 Slope controls.
A.
Specific intent. In addition to the general goals stated in the Preamble, the purpose of this section is: to prevent the erection of nonresidential structures in areas unsuitable for building sites; to minimize danger to public health by protecting watersheds; to discourage erosion of soils by maintaining adequate foliage cover on hills; to promote the perpetuation of open space on hillsides. Slope areas may be located within the confines of any zoning district. Residential structures are permitted, subject to the controls of this section.
B.
Designation of area. Areas to be regulated under this section shall be indicated generally on a topographic map maintained by the Township Secretary and/or Engineer and available to the general public. The areas where slope conditions exist shall be indicated on this map. For definition purposes, a slope area is any land having an average slope in excess of 17%.
C.
Use regulations. The following uses are the only uses permitted in areas subject to slope controls.
(1)
Parks and outdoor recreational uses shall be permitted so long as their activities do not conflict with the use of the land as a watershed.
(2)
Tree farming, forestry and other agricultural uses, when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.
D.
Procedures.
(1)
Any person desiring to change or in any way modify an existing use of land in an area subject to these controls shall supply a statement to the Planning Commission signifying his intentions that the intended use of the land will be a use permitted by these regulations.
(2)
If such change in use involves the construction of any building, the applicant shall, in addition, furnish the Zoning Officer with a statement prepared by a registered civil engineer or surveyor to the effect that the proposed building will not be erected on any land where the percentage of grade exceeds 40%.
E.
Residential uses. Single-family residential structures may be constructed on a slope which grade exceeds 17% if the building is constructed in such a manner which does not disturb the existing grade and natural soil conditions. The applicant shall supply the Planning Commission with the following:
(1)
Site plan of the property indicating existing grades, with contour lines at two-foot intervals, and proposed grades, Landscaping Plan indicating proposed paved areas, storm drainage facilities, and ground cover, as well trees and ornamental shrub location.
(2)
Architectural plans, elevations and sections.
(3)
A statement prepared by a registered architect stating an explanation of the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion.
F.
Area and bulk regulations. The following regulations shall be observed for single family residential uses only on all slope lands:
§ 265-48 Performance standards.
A.
Application. All uses shall comply with the requirements of this section. Compliance shall be determined by the Zoning Officer for permitted uses by the Zoning Hearing Board for special exception uses and by the Board of Township Supervisors for conditional uses. In order to determine whether a proposed use will conform to the requirements of this chapter, the Township may require evaluation by a qualified consultant, whose cost for services shall be borne by the applicant.
B.
Fire protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling of flammable or explosive materials is carried on.
C.
Electrical disturbances. No activity shall cause electrical disturbances adversely affecting radio, television or other equipment in the vicinity.
D.
Noise. Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled. For purposes of this standard, sound pressure in excess of 60 decibels shall be considered as noise.
E.
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
F.
Odors. No malodorous gas or matter which is discernible on any adjoining lot or property shall be permitted.
G.
Air pollution. No pollution of air by flyash, dust, smoke, vapors or any substance which is harmful to health, animals, vegetation or other property shall be permitted.
H.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
I.
Erosion. No erosion by wind or water which will carry objectionable substances onto neighboring properties shall be permitted.
J.
Water pollution. Water pollution in violation of any standards established by the Pennsylvania Department of Environmental Protection shall not be permitted.
K.
Limitation of regulations in the rural agricultural district. The requirements of this section shall not apply to permitted farming and agricultural activities; provided that such activities are in compliance with all other applicable local, state and federal laws.
L.
Open areas. No business activity shall be conducted in any open area.
M.
Loading. No loading shall be permitted in an area between the building setback line and street line.
N.
Waste material. Waste material shall be stored in enclosed and covered areas. All activities involving any type of waste material shall conform to the standards set forth by the Department of Environmental Protection.
O.
Dangerous activities. No operations shall be permitted which constitute a danger to the community.
P.
Signs. No flashing or moving signs shall be permitted. No sign-facing shall be readable from the rear of property except on lots having a double frontage and not abutting a Residential Zone District.
Q.
Visibility at intersections. On the corner lot or at any point of entry on a public road, nothing shall be erected, placed, planted or allowed to grow in such a manner which obscures the vision above the height of 2 1/2 feet and below 10 feet, measured from the center line grade of the intersecting streets or driveways and within the area bounded by the street lines of such corner lots and line joining points on these street lines 75 feet from their intersection along the lot lines.
§ 265-49 Design standards.
The following standards will be observed.
A.
Screening.
(1)
Where land extends through in the rear to another street, there shall be a rear yard equal in depth to that required for the front yard on the opposite side of such street, but not less than 35 feet, at least 15 feet of which shall be used for planting and screening purposes.
(2)
Where the land is used for the purposes set out in this article, there must be reserved a strip of land on any side adjoining a residential area, which strip shall be used for screening purposes and shall be planted and maintained according to the following standards:
(a)
The screen shall consist of evergreen plantings and must be continuously maintained at such height and density as will provide an effective screen between the commercial and residential land use. The original and continued adequacy of the planted area shall be determined in accordance with the general requirements herein stated.
(b)
The strip for screening purposes must have a constant depth of at least 25 feet.
(c)
A landscape plan and bond of $500 shall be provided as required by the Board of Supervisors.
(3)
There shall be a rear yard of not less than 25 feet at any point. The fifteen-foot reserved strip required by § 265-18C(1) need not be added to the twenty-five-foot rear yard.
(4)
A planted visual barrier, or landscape screen, shall be provided and maintained by the owner or lessee of a property between any district and contiguous residentially zoned districts, except where natural of physical man-made barriers exist. This screen shall be composed of plants and trees arranged to form both a low level and a high level screen. The high level screen shall consist of trees planted with specimens no younger than three years in age, and planted at intervals of not more than 10 feet. The low level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving three years after planting must be replaced.
(5)
Any existing business affected by these regulations at the time of passage of this chapter, shall not be required to comply with the above screening requirements except in case of enlargement or major alteration of such business. Similarly, for any zoning district boundary change after the passage of this chapter initiated by a residential developer abutting a Commercial (C) or Industrial (L-1) property for which these regulations apply these screening requirements shall not be imposed upon such Commercial or Industrial property.
B.
Storage of waste materials.
(1)
All organic rubbish or waste materials shall be stored in airtight vermin-proof containers which shall be screened from view from any public right-of-way or abutting residential districts and shall be in conformation with § 265-48N of this chapter. Screening shall consist of evergreen planting or an architectural screen, and such screen shall be at least six feet in height.
(2)
The exterior storage of tractor trailers or trucks which supply, service, or are operated by the establishments in any commercial districts shall be prohibited except in cases of emergency where approved by the Zoning Officer, but not to exceed 30 days.
C.
Access and traffic control. All accessways to any public street or highway shall be located at least 100 feet from the intersection of any street lines, and shall be designed in a manner conducive to safe ingress and egress as determined by the Township Supervisors. Where practicable, exits shall be located on minor rather than major streets or highways. The developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required by the State Highway Department in the case of egress to major thoroughfares.
D.
Interior circulation.
(1)
Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site. Drives may one one-way or two-way.
(2)
Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel and other service vehicles, shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
E.
Lighting. The parking and loading areas of all commercial and highway industrial zoning districts shall be provided with a minimum of 0.75 lumen per square foot at any point with lighting standards in parking areas being located not farther than 100 feet apart. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.
F.
Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite enclosed areas within the required parking space areas for storage of said carts. Each designed storage area shall be clearly marked for storage of shopping carts.
G.
Display of merchandise. No merchandise in any district shall be displayed, sold or otherwise made available outside of a building in any district, except automobiles sold in connection with a new automobile dealership, farm equipment sales, heavy equipment sales and air craft sales.
§ 265-50 Additional design standards for highway commercial and light industrial districts.
A.
Off-street parking design standards.
(1)
Parking spaces shall be clearly delineated by painted lines or markers.
(2)
Stalls shall be provided with bumper guards or wheel stops when necessary for safety or protection to adjacent structures or landscaped areas.
(3)
Surface drainage shall be connected to the existing or proposed drainage system.
(4)
All vehicular entrances and exits to parking areas shall be clearly designated for all conditions.
(5)
Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings.
(6)
If spaces are used during evening hours, appropriate lighting shall be provided.
B.
Storage. Any article or material stored temporarily outside an enclosed building as an incidental part of the primary operation shall be so screened by opaque ornamental fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level. All organic rubbish or storage shall be contained in airtight vermin-proof containers which shall also be screened from public view.
C.
Vehicles. Any movable structure, trailer, automobile, truck, or parts of these items or any other items of similar nature, allowed to remain on the premises a longer time than that required to load, unload or otherwise discharge its normal functions, shall be considered subject to all regulations set forth in this chapter for buildings and structures as defined herein.
§ 265-51 Mobile homes.
A.
Mobile home parks or developments. Mobile home parks or developments consisting of more than one mobile home shall be laid out and approved in accordance with Chapter 218, Subdivision and Land Development.
B.
Single mobile homes on individual lots. Single mobile homes on individual lots shall be considered as a single-family dwelling. Such mobile home shall be bolted to a continuous eight inches wide concrete block foundation placed upon a continuous 16 inches wide by eight inches deep concrete footing located three feet beyond grade.
§ 265-52 Supplemental agricultural regulations.
Unless otherwise controlled by municipal ordinance or regulation, operations involving the use of buildings and land for farming, gardening, nurseries, greenhouses, riding academies, livery or boarding stables, dog kennels, animal hospitals, stock raising, dairying and poultry shall be permitted in any district, subject to the following safeguards and regulations.
A.
Storage of manure or odor or dust-producing substances shall not be permitted within 200 feet of any lot line.
B.
Greenhouse heating plants shall not be operated within 100 feet of any lot line.
C.
Buildings and/or enclosures in which animals or poultry are kept shall not hereafter be erected within 200 feet of any lot line, provided that this shall not apply to buildings housing not more than two dogs or other pets. A kennel, as defined herein, shall be permitted in any zoning district as a special exception provided that the minimum requirements of this chapter, § 265-23F, are met.
D.
The selling of products raised, bred or grown on the premises shall be permitted, provided that all stands or shelters used for such sales shall be removed during that period when not in use for display of or sale of products.
§ 265-53 Exception to height limitations.
The height limitation of this chapter shall not apply to church spires, belfries, domes, monuments, observation towers, radio and television towers, windmills, chimneys, smokestacks, flag poles, masts and aerials, barns and silos, elevators, tanks and other projections neither intended nor used for human occupancy.
§ 265-54 Fence.
No opaque fence, wall or other obstruction (except a required retaining wall) shall be more than five feet in height. No ornamental fence with a ratio of the solid portion of the fence to the open portion of one to four or less (25%) opaque shall exceed a height of six feet. No metal spikes or other dangerous fence, excluding barbed wire, shall be erected or maintained unless such dangerous fence is erected and maintained in either a Commercial or Industrial District with such dangerous portion of the fence at least eight feet above the ground and the fence is approved by the Zoning Hearing Board according to Article XI of this chapter. These provisions shall not apply to the required enclosing of outside storage areas in Commercial and Industrial Districts, § 265-50B of this chapter.
§ 265-55 Swimming pools.
A.
Open private swimming pools containing over 150 cubic feet of water are considered structures for the purpose of permits and regulations of other ordinances. For the purpose of this chapter, they are not counted as floor area in computing the lot coverage but shall not be located in any required setback area.
B.
All swimming pools shall be at least 15 feet from any property line and shall be enclosed by a fence, wall or other substantial barrier not less than four feet high, with a self-closing, self-latching gate and of such a character as reasonable to prevent access to the pool.
C.
No swimming pool containing over 150 cubic feet of water shall be constructed in the Township except in accordance with a permit therefore previously secured from the Zoning Officer upon written application accompanied by a plan showing the size, shape and location of the swimming pool and its enclosure and such other information as may be necessary to enable the Zoning Officer to determine whether the pool complies with this chapter.
§ 265-56 Stripping of topsoil, excavation of clay, sand, gravel or rock.
The following shall apply in all districts. Topsoil or sod may be removed only under the following conditions:
A.
As a part of the construction or alteration of a building or the grading incidental to such building;
B.
In connection with normal lawn preparation and maintenance;
C.
In connection with the construction or alteration of a street or utility improvement; or
D.
In farming operations where such use is permitted, provided sound soil conservation practices are observed.
§ 265-57 Site plan approval.
A.
Uses, except signs and individual single family detached dwellings, unless referred to the Planning Commission by the Building Inspector of all property in the Township shall, in addition to conforming to all and any regulations pertaining thereto that are specifically set in this chapter, be in accordance with a site plan or plans approved by the Commission. The site plan shall show, as proposed, the location of main and accessory structures on the site and in relation to one another, including existing and proposed elevations; traffic circulation features within the site; the location of vehicular access onto the site; the height and bulk of structures; the provision of automobile parking space; the provision of other open space on the site; the landscaping, all proposed drainage, paving, fences and walls on the site, and the display of signs.
B.
In considering any site plan hereunder, the Commission shall endeavor to assure safety and convenience of traffic movement, both within the site covered and in relation to access streets, and harmonious and beneficial relation of structures and uses on the site as well as contiguous properties. In so doing, vehicular access points shall be limited, where possible, to intervals of not less than 100 feet when on a major traffic thoroughfare.
§ 265-58 Cellular communication antennas.
[Added 10-1-1996]
A.
All cellular communication antennas shall comply with the requirements of this article and all county, state, and federal requirements as well as any and all other articles contained in the chapter.
B.
Cellular communication antenna as defined in this chapter shall be permitted in all zoning districts as a conditional use; however, uses shall be authorized in Residential Districts only when it can be demonstrated, using technological evidence, that the antenna must go where it is proposed to satisfy its function in the operational grid system. conditional use applications may be authorized pursuant to the standards and criteria specified herewith:
(1)
Existing structures.
(a)
In order to reduce the number of antenna support structures needed in the community in the future, proposed support structures shall be required to accommodate other users, including other cellular communication companies, local police, fire, and ambulance companies.
(b)
A cell site with antenna that is attached to an existing communication tower, smoke stack, water tower, or other tall structure, is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure (and is within the fifteen-foot limit) it shall be authorized as a use by right and the applicant shall not be required to meet the standards and criteria contained in the following provisions of this section of the chapter.
(2)
New structures.
(a)
If the cellular communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other cellular communications companies, other communications towers (fire, police, etc.), and other tall structures. The municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
(b)
All other uses ancillary to the antenna and associated operational equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell site is located.
(c)
A cell site with antenna that is either not mounted on an existing structure, or is more than 15 feet higher than the structure on which it is mounted, is permitted in all zoning districts, but requires a conditional use approval in all districts.
(3)
Application requirements for conditional use. The application for conditional use shall include a development and operational plan. The following information, and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved, shall be included.
(a)
A description of the character, timing and duration of the proposed construction, operation and use of the facility, including maps and plans showing the location of the site, all access routes from public roads, and the regional area to be influenced by the proposed activity and use.
(b)
A full site plan drawn to scale for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required in the municipality's Subdivision and Land Development Ordinance. The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after the final approval of the application and the final approval and recording of a Subdivision Site Plan.
(c)
Complete plans of the proposed tower and all auxiliary structures and support facilities. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers. The Township Supervisors may require independent studies and reviews of all such assurances. These shall be prepared by qualified professionals acceptable to both the developer and the governing body. The cost of all such studies and reviews shall be borne by the applicant in cases where issues develop over the compliance with this chapter.
(d)
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.
(e)
Setbacks from base of antenna support structure.
[1]
If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the following requirement shall apply;
[2]
The distance between the geometric ground level center point of an antenna support structure and any adjacent public road right-of-way and the bordering building setback lines of all adjacent land parcels shall be equal to, or greater than, 110% of the height of the antenna structure and all appendages attached thereto, as measured vertically from mean ground level.
(f)
All buildings and structures on the site other than the antenna support structure and any guy wire anchors shall conform to the setback and dimensional requirements that apply to the zoning district in which the site is located.
(g)
A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height. The entire fence shall be constructed in a manner to prevent the entry onto the portion of the premises on which the use is situated, by unauthorized persons, domestic animals or livestock.