Crescent Township City Zoning Code
§ 430.04
Conditional uses.
[Ord. No. 433, passed 7-10-1996]
A.
General. Conditional uses as specified in § 430.02 may be allowed or denied by the Board after recommendations by the Planning Commission in accordance with the following criteria and provisions.
1.
The party applying for a conditional use shall pay an application fee in an amount equal to that set by resolution of the Board.
2.
Five copies of a site plan and supporting data which shows the size, location, and topography of the site, the use of adjacent land, the proposed size, bulk, use and location of buildings; the location and proposed function of all yards, open spaces, parking areas, driveways, storage areas and accessory structures; the location of all utilities, the provisions for parking, moving or loading of vehicles and the timing of construction proposed shall be submitted to the Zoning Officer at least 10 days in advance of the next regularly scheduled meeting of the Planning Commission.
B.
Review. The Zoning Officer shall forward copies of the application to the Board and to the Planning Commission for review and approval.
1.
The Planning Commission shall make a recommendation to the Board in advance of the public hearing to be conducted on the application. Failure to make such a recommendation shall be deemed to be a favorable recommendation.
2.
The Board shall conduct public hearings on applications for conditional uses in accordance with the provisions established for public hearings, as set forth in the Pennsylvania Municipalities Planning Code, as amended. The Board may attach such conditions as they deem necessary to the approval, either tentative or final, of any conditional use. The approved site plan and all attached conditions shall be recorded by the applicant within 90 days of final approval. All development, construction and use shall be in accordance with the approved plan, unless a revised plan is submitted, approved and recorded. Any development contrary to the approved plan shall constitute a violation of this chapter.
C.
Criteria for approval. A conditional use shall be approved if, and only if, it is found to meet the following criteria:
1.
The proposed use conforms to the district and conditional use provisions and all general regulations of this chapter.
2.
The proposed use meets all standards which may apply to its class of conditional uses as set forth in this chapter.
3.
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 430.04E.
4.
The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
5.
The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
6.
The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
7.
The proposed use shall preserve the objectives of this chapter and shall be consistent with the Comprehensive Plan.
D.
Performance standards. All conditional uses shall comply with the requirements of this Section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board may obtain a qualified consultant to testify whose cost for services shall be borne by the applicant.
1.
Fire protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
2.
Electrical disturbances. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
3.
Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
4.
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
5.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
6.
Air pollution. No pollution of air by flyash, dust, smoke vapors or other substance shall be permitted which is harmful to health animals, vegetation or other property.
7.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
8.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
9.
Water pollution. Water pollution shall be subject to the standards established by the State Sanitary Water Board.
E.
Performance standards applicable to communications towers:
1.
Use regulations.
(a)
A cell site with antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structure, is permitted as a conditional use only in districts designated as A-1, M-1 and M-2. The height of the antenna shall not exceed the height of the existing structure by more than 10 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required.
(b)
A cell site with a tower that is either not mounted on an existing structure, or is more than 10 feet higher than the structure on which it is mounted, is only permitted as a conditional use in zoning districts designated as A-1, M-1 and M-2.
(c)
All other uses ancillary to the tower and associated 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 is located.
2.
Standards of approval for communication towers:
(a)
The applicant is required to demonstrate, using technological evidence, that this tower must go where it is proposed in order to satisfy its function in the Township's grid system.
(b)
If the applicant 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 phone companies, other communications (fire, police, etc.), and other tall structures. The Township 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.
(c)
Tower height. The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily. No tower that is taller than this minimum height shall be approved.
(e)
The communication tower and the related structures and facilities must be designed, manufactured and erected in conformity with the application dated July 11, 1967, and must meet or exceed manufacturer requirements, accepted engineering standards, and the applicable requirements of ANSI, the BOCA Code (1996 edition), and state and federal statutes and regulations.
(f)
No signs or other structures, devices or other items shall be placed on the communication tower, except for such items that may be required by law.
(g)
The applicant shall demonstrate that the proposed tower and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, electromagnetic fields, radio frequency, falling ice or other debris, ionizing electromagnetic energy (IEE) or nonionizing electromagnetic radiation (NIER) as per American National Standards Institute (ANSI).
(h)
The proposed communication tower shall be protected and secured to guarantee the safety of the general public. Fencing must consist of galvanized chain-link, eight feet in height and installation of anticlimbing safety devices. Associated supports and guide wires shall not be located within the required set backs.
(i)
The applicant shall submit to the Planning Commission a site plan or survey of the property certified by a licensed engineer or architect registered in Pennsylvania. The applicant must also submit a fencing and landscaping plan at this time.
(j)
Only one communication tower is permitted per lot.
(k)
The communication tower will not adversely affect property values in the neighborhood (and in particular, each adjacent property) by more than 10%.
(l)
The communication tower in its operation will not endanger the health, safety and welfare of the public, and more specifically, evidence that the communication tower, its operation and the expected output frequency, modulation, radiated power, etc., will not cause health problems.
(m)
The applicant will submit a copy of his or her FCC license. Any grant of conditional use hereunder will automatically lapse if said license ever expires or lapses.
(n)
Outside of the required fencing, there shall be a landscaping screen of evergreen trees, minimum six feet in height, planted 10 feet on center.
(o)
In order to minimize the number of antenna support structures needed in the community in the future, the proposed support structure shall accommodate other users, including other cellular phone companies, and police, fire and ambulance companies.
(p)
The proposed communication tower shall have a top coat of silver paint or have a galvanized finish retained. The proposed communication tower shall not be artificially lighted unless required by the FAA.
3.
Additional standards.
(a)
This conditional use will automatically lapse if not used for six continuous months. Applicant must provide proof of purchase of a demolition bond, to be renewed annually, equal to 75% of construction cost to be used in the event of abandonment.
(b)
An inspection of the proposed communication tower to insure structural integrity shall be performed at least once every three years. Inspections shall be conducted by an engineer licensed by the Commonwealth of Pennsylvania. The cost of such inspections must be borne by the applicant. The result of such inspections shall be provided to the Township. Based upon results of an inspection, the Township may require repair or removal of a communication tower. The facilities which are erected to maintain the communications tower may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes, or other uses that are not needed to send or receive transmissions.
(c)
Equipment in a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise, or safety impact of such maintenance. Where the site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street. A surfaced and maintained driveway with parking inside the fence boundaries must also be constructed.
(d)
When lighting is required and permitted by the Federal Aviation Administration or other federal or state authority, it shall be oriented so as not to project on to surrounding property.
(e)
Prior to the site plan certification, the applicant shall provide documentation that the proposed communication tower has been reviewed and is not determined to be a hazard by the FAA or the Allegheny County Department of Aviation. The ACDA shall review the communication tower application to determine if it is a hazard to any FAA flight paths.
(f)
Applicants will be required to execute a developers agreement with the Township's Board of Commissioners.