If otherwise allowed as a permitted use, the conversion of an existing structure for apartment use shall comply with the following requirements:

A.

Plans for alterations shall be in accordance with all applicable building, health and/or life safety codes and shall be approved in writing by the Code Enforcement Officer.

(Ord. 84-2, 3/29/1984, § 1700)

In districts where permitted, service stations shall be subject to the following safeguards and regulations:

A.

No service station shall be located nearer than 1,000 feet to the lot line of any school, hospital or nursing or convalescent home.

B.

Driveways shall be located in accordance with the provisions of § 1702 of this Chapter.

C.

All driveways and service areas shall be paved with a surfacing material as approved by the Township Engineer.

D.

Motor vehicles shall not be permitted to be parked on sidewalk areas.

E.

Liquid fuel pumps shall be set not less than 25 feet from the legal right-of-way line of any street or road and not less than 35 feet from any residential zone boundary line.

(Ord. 84-2, 3/29/1984, § 1701; as amended by Ord. 85-4, 4/2/1985)

The Board of Commissioners may authorize as a conditional use in I-G, Industrial General District, the excavation and sale of sand, gravel, clay, shale or other natural mineral deposits or the quarrying of any kind of rock formation, subject to the special standards of this Part and the following conditions:

A.

In the case of an open excavation, a safety device such as a wall, fence, earth embankment or such other means as may be approved by the Board shall be provided.

B.

No top of the slope or quarry wall shall be nearer than 150 feet to any property line or street line.

C.

Blasting. Blasting standards shall be those of the Commonwealth of Pennsylvania and, where required by the Board, seismograph readings and reports shall be furnished on primary blasts.

D.

Plans for the use of and reclamation of the site shall be submitted, after prior review by the Planning Commission, and such plans shall take into consideration the following:

(1)

Drainage, prevailing winds, soil erosion and other problems created by excavation, stripping, quarrying, stockpiles and waste piles, while in production.

(2)

A grading and reuse plan for the site after completion of production as shall permit the carrying out of the purposes of this Chapter.

(Ord 84-2, 3/29/1984, § 1702)

The following data shall be submitted as a part of the application for a permit in addition to and with any other information, plans or data required by any other Township, State or Federal regulation:

A.

Plot plan.

B.

Architectural plan.

C.

Description of operation.

D.

Engineering and architectural plans for water supply and sewage disposal.

E.

Plans for prevention or control of noise, vibration, glare, fire hazards, air pollution, water pollution, traffic and storm drainage.

F.

Proposed fuel and location of storage.

G.

Additional pertinent data as may be required by the Zoning Officer.

(Ord. 84-2, 3/29/1984, § 1703; as amended by Ord. 98-7, 8/27/1998)

Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that the buildings or structures erected for these utilities shall be subject to the following regulations:

A.

Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.

B.

Height of such facilities shall be as required by the district regulations.

C.

Unhoused facilities shall be enclosed with a chain link fence of at least six feet in height topped with barbed wire.

D.

Housed facilities. When the facility is totally enclosed within a building conforming with subsection (F) hereinbelow, no fence or screen planting need be maintained in conformity with the district in which the facility is located. Outdoor storage or equipment shall mandate screen planting.

E.

Screen planting in residential and commercial districts. The required fence for unhoused facilities shall be surrounded by an evergreen planting as approved by the Planning Commission.

F.

The external design of the building shall be in conformity with the buildings of the district.

G.

Access for unhoused equipment. Where vehicular access is across the front yard, a gate shall be constructed of materials having not less than 50 percent solid in ratio to open space.

H.

Plans of the facility shall be submitted to the Planning Commission.

(Ord. 84-2, 3/29/1984, § 1704)

The minimum habitable floor area of a dwelling unit of any building or structure hereafter erected or used for living purposes shall be 600 square feet except, in the case of apartment houses and conversion apartments, the minimum habitable floor area shall be not less than 400 square feet per apartment and, except those apartments designed for and occupied exclusively by one person, which shall each contain not less than 300 square feet of habitable floor area.

(Ord. 84-2, 3/29/1984, § 1705)

In districts where permitted, motels shall be subjected to the following safeguards and regulations:

A.

No motel shall have a lot area less than one acre.

B.

Front, side and rear yards of the motel shall be permanently landscaped and maintained in good condition.

C.

At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by "Off-Street Parking," Part 20, of this Chapter.

D.

Every unit shall be provided with running hot and cold water and toilet facilities.

E.

The space between opposing fronts of motel buildings shall be not less than 84 feet; the space between the rears of units shall be not less than 25 feet; and the space between the opposing fronts and rears of units shall not be less than 64 feet.

F.

With the application for a permit, a plan shall be submitted to the Zoning Officer showing the following:

(1)

Extent and area of the property.

(2)

Entrances, exits, driveways, roads, parking areas and walks.

(3)

Location of structure or structures.

(4)

Plan for water supply.

(5)

Plan for sewage disposal.

(6)

Plan for supply of electricity, gas and other utilities.

(7)

Additional pertinent data as may be required by the Zoning Officer.

(Ord. 84-2, 3/29/1984, § 1706)

A mobile home shall be permitted to be used as a single-family, detached dwelling in residential districts subject to the following regulations:

A.

A mobile home and the site it occupies shall conform to the residential requirements for dwellings in the district in which it is located.

B.

Such use shall comply with all other codes, rules, regulations and ordinances of Hampden Township.

C.

The owner of a mobile home must secure a zoning permit from the Zoning Officer before moving the mobile home onto the site.

D.

A mobile home shall meet the minimum habitable floor area requirement of § 1806.

(Ord. 84-2, 3/29/1984, § 1707)

In districts where permitted, these uses shall meet the following requirements unless specific provisions applicable to the particular district set forth greater requirements:

A.

Lot coverage. Lot area covered by all buildings including accessory buildings shall not be greater than 30 percent of the area of the lot.

B.

Yard regulations. Each lot shall have yards not less than the following depths or widths:

(1)

Setback or front yard depth: 40 feet.

(2)

Side yards: Two in number, neither shall be less than 20 feet.

(3)

Rear yard depth: 25 feet.

C.

Off-street parking. Parking shall be provided in accordance with the provisions of Part 20 hereof. Portions of the required front yard setback may be used for off-street parking when authorized as a special exception.

D.

Service and access drives shall be at least 15 feet wide and not over 25 feet wide and shall be permitted to cross required yard areas; provided, that the centerline of the permitted drive shall not be a lesser angle to the street line than 60 degrees.

(Ord. 84-2, 3/29/1984, § 1708)

1.

General. Yards shall be provided in accordance with the provisions set forth herein and shall be planted with grass, sod or other vegetative cover excepting in cases where walks, access drives, off-street parking lots, patios or other types of surfaces are permitted by this Chapter. All yards shall be maintained and kept free of all debris and rubbish.

2.

Setbacks.

A.

All buildings or structures hereafter erected or altered shall be set back from the street line not less than that specified by the district regulation.

B.

Where the street upon which the lot abuts is less than 50 feet in width, the front yard depth and the width of the side yard abutting the street shall be measured from a line parallel to and 25 feet from the centerline of the street.

3.

Adjustments to meeting existing setbacks in front yards.

A.

When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard and has been so maintained since the effective date of this Chapter, the front yard of such unimproved lot may be the same depth of the front yard of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.

B.

Where an unimproved lot adjoins one improved lot having thereon a principal building within 25 feet of the common side lot line which extends into the required front yard of such improved lot and which extension existed at the effective date of this Chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district; however, the second unimproved lot from the original improved lot must have at least the minimum front yard depth required in the district.

4.

Corner lots. On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district.

5.

Accessory buildings and structures may be constructed in accordance with the following provisions:

A.

An accessory building or structure shall not be located within any required yard area with the exception of the rear yard, in which case it shall be not less than ten feet from the rear lot line. Exception: § 1708, Fences.

B.

An accessory building or structure shall not be constructed so as to obstruct any door or window in the main building.

6.

Buffer yards and screen planting. See § 1702.

(Ord. 84-2, 3/29/1984, § 1709; as amended by Ord. 84-7, 7/3/1984; by Ord. 85-4, 4/2/1985; and by Ord. 98-7, 8/27/1998)

Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage at all points along streets and provide positive drainage away from buildings and onsite waste disposal sites. Drainage plans shall be consistent with local, County and regional drainage plans. The facilities shall be designed to prevent the discharge of excessive runoff onto adjacent properties.

(Ord. 84-2, 3/29/1984, § 1710)

When the keeping of horses is allowed by this Chapter, the following minimum requirements shall be met:

A.

Vegetative material shall be provided and maintained on all paddock and grazing areas.

B.

A stable building shall not be located closer than 100 feet to any residential structure.

(Ord. 84-2, 3/29/1984, § 1711)

1.

A highway occupancy permit shall be obtained for any access or pull off areas from all the appropriate municipal or State authorities.

2.

The roadside stand shall be removed at the end of the growing and harvesting season of the products sold.

(Ord. 84-2, 3/29/1984, § 1712)

Private recreation facilities such as, but not limited to, tennis and basketball courts shall be a permitted accessory use in any district and shall comply with the following conditions and requirements:

A.

Private recreation facilities shall be used solely for the enjoyment of the occupants of the principal use of the property on which they are located.

B.

Private recreation facilities and related structures and equipment shall not be located within any required yard area with the exception of the rear yard in which case they shall be located not less than ten feet from the rear lot line.

(Ord. 84-2, 3/29/1984; as added by Ord. 84-7, 7/3/1984)

Child care facilities shall conform to the following standards as well as the standards of the zoning district in which they are located:

A.

The operator of a child care facility shall obtain and maintain licensure from the Commonwealth of Pennsylvania and comply with all applicable regulations.

B.

Unless otherwise provided to the contrary in a specific zoning district, child day care centers, private nurseries and kindergartens are permitted as an accessory use within a church, synagogue, school (public, private or parochial) or business building.

C.

In any zoning district permitting residential use, no child care facility shall be located within 500 feet of another such facility.

D.

Any outdoor play area associated with a child care facility, shall be:

(1)

Located in the rear yard.

(2)

Enclosed by a safety fence with openings no larger that as prescribed by the currently adopted addition of the BOCA National Building Code, with a minimum height of four feet. The Zoning Officer may require a higher fence when he determines that such additional height is necessary for safety reasons.

(Ord. 84-2, 3/29/1984, § 1715; as added by Ord. 92-5, 2/4/1992, § 15; as amended by Ord. 98-7, 8/27/1998; Ord. No. 2025-05, § 2(2), 7/31/2025)

1.

In zoning districts where golf driving ranges are permitted, the following minimum criteria shall be required (and shall be shown on a land development plan):

A.

Not less than nine acres of land shall be devoted exclusively to the use.

B.

The land shall be rectangular in shape.

C.

Not less than 270 lineal yards shall exist from each tee to the furthermost limit of the ball landing area, said distance to be measured on a line perpendicular to the horizontal axis of the tee.

D.

Not less than 150 lineal yards of ball landing area shall be provided for each tee, said width to be measured at a distance of 270 lineal yards along the line mentioned in subsection (C) above, said width to be equally divided on each side of said line.

E.

The tee line shall be positioned equidistant from the sides of the range.

F.

Provisions shall be made to provide reasonable assurance that driven balls will remain within the boundaries of the range.

G.

Lighting devices shall be positioned so as to prevent direct rays of light from penetrating the space beyond the boundaries of the range unless the space being violated is owned by the owner of the range.

H.

Applicable buffering and screening requirements shall be observed.

2.

Notwithstanding the foregoing requirements, the Board of Township Commissioners, on the recommendation of the Planning Commission, may grant modifications to the foregoing dimensional requirements, but the total area may not be less than nine acres.

(Ord. 84-2, 3/29/1984; as added by Ord. 92-10, 5/28/1992, § 1; and by Ord. 92-13, 8/27/92, § 1)

Where a self-service storage facility is permitted as a use in the C-G, Commercial-General and C-L, Commercial-Limited, zoning districts, the following standards and criteria shall apply:

A.

Residential districts. The use shall not abut or be separated by a public street from an existing residential district.

B.

Access. The use shall be on a lot which abuts and gains direct access to a collector or arterial street.

C.

Limited accessory use. Sale of moving and storage supplies and the rental of moving trucks, clearly incidental to the primary use, shall be permitted out of the office for the self-service storage facility; provided, that a maximum of one truck rental space per 5,000 square feet of storage space shall be permitted. The accessory use of the rental of moving trucks shall only be permitted in the Commercial-General or Industrial-General Districts.

D.

Use restrictions. Except as provided for in subsection (C) hereof, self-service storage facilities shall be limited as follows:

(1)

No business activity other than rental of storage units shall be permitted on the premises.

(2)

No outside storage, including, the outside storage of vehicles, shall be permitted on the premises, except as set forth below:

(a)

As a part of a self-service storage facility, currently licensed recreational vehicles may be stored outside on the premises, provided, that the portion of the premises devoted to such outside storage is at least 300 feet from any public road right-of-way, is in a separately fenced area, does not abut any existing residential district and is lighted.

(3)

Examples of activities prohibited on premises used as a self-service storage facility include, but not limited to, the following:

(a)

Auctions, commercial wholesale or retail sales or miscellaneous or garage sales.

(b)

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

(c)

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.

(d)

Any use that is noxious or offensive because of odors, dust, noise fumes or vibrations.

(e)

The storage of flammable liquids, highly combustible explosives, hazardous chemicals or hazardous materials.

(f)

All self-service storage facility rental contracts shall specifically prohibit the storage of living plants, animals or organisms, as well as uses set forth in this subsection.

E.

Live-in manager. The self-storage facility has the option, at the owners' discretion, to include a dwelling unit on the premises, which would be used exclusively as the primary residence of the manager for the facility.

F.

Off-street parking.

(1)

Two spaces shall be provided adjacent to the manager's quarters.

(2)

One parking space shall be provided for every 200 storage cubicles or fraction thereof, adjacent to the office, plus one per employee.

(3)

No off-street parking spaces are required for self-service storage facilities. However, a driveway aisle for self-service storage facilities shall be a minimum width of 24 feet; provided, that the driveway aisle, where access to the storage units is only on one side of the aisle, may be 20 feet in width.

G.

Screening and landscaping. When located in a Commercial-Limited or Commercial-General District:

(1)

The self-service storage facility shall be enclosed by a six-foot high fence, which shall sit back at least 35 feet along all street frontages and five feet along all other property lines. A fence shall not be required on the sides of a building containing no outside doors for individual storage units.

(2)

Landscaping shall be provided in the areas between the property line and the required fencing and/or building and shall comply with Section 1702 of this Chapter, including maintenance of the landscaped area by the owner of the property.

H.

Maximum size of units. The maximum size of any individual storage unit shall be no more than 300 square feet.

I.

Building height limit. No building shall be erected to a height in excess of 15 feet; except, however:

(1)

A dwelling unit located directly above the business office used exclusively as a living space by a resident manager may exceed said height limitation.

(2)

In the Commercial-General District, a building with no external doors to individual storage units may exceed such height limitation and is subject only to the height limit of the Commercial-General District.

J.

Loading and unloading space. One off-street loading and unloading space shall be provided on the property.

(Ord. 84-2, 3/29/1984; as amended by Ord. 98-2, 1/5/1998, § 1(E)); by Ord. 00-05, 03/02/00, § 1; by Ord. 08-09, 08/28/2008, § 1; by Ord. 2019-01, 01/31/2019; and by Ord. 2019-13, 08/29/2019)

Section I. Short title.

This Ordinance shall be known as the "Hampden Township Wireless Communications Facilities Ordinance."

Section II. Purposes and findings of fact.

A.

The purpose of this Ordinance is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Hampden Township. While the Township recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions:

B.

By enacting this Ordinance, the Township intends to:

(1)

Regulate the placement, construction and modification of wireless communication facilities to protect the safety and welfare of the public;

(2)

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;

(3)

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;

(4)

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;

(5)

Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;

(6)

Protect Township residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape;

(7)

Ensure that wireless communications facilities will be removed in the event that such structures are abandoned or become obsolete and are no longer necessary; and

(8)

Update the Township's wireless facilities regulations to incorporate changes in federal and state laws and regulations.

Section III. Definitions.

A.

Certain terms used herein are defined at Chapter 27, Part 2, § 203 "Specific Words and Phrases".

B.

All language used herein shall be interpreted in accordance with Chapter 27, Part 2, § 201 "Interpretation".

C.

Any terms not specifically defined shall be construed in their legally-accepted meanings.

Section IV. Regulations applicable to all tower-based wireless communications facilities.

A.

The following regulations shall apply to all tower-based wireless communications facilities:

1.

Procedures.

a.

Any applicant proposing construction of a new tower-based WCF outside the public Rights-of-Way shall submit plans to the Township for review by the Township staff and Planning Commissions and for approval by the Board of Commissioners in accordance with the requirements of the Hampden Township Land Development Ordinance, Chapter 22, Part 4.

b.

The applicant shall prove that it is licensed by the FCC to operate a tower-based WCF and that the proposed tower-based WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

2.

Timing of approval. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, including an application fee in an amount as established from time to time by resolution of the Board of Commissioners. If the Township receives an application for a tower-based WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

3.

Development regulations. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

a.

Permitted in certain zoning districts subject to regulations. Any tower-based WCF that is either not mounted on any existing structure or is more than 25 feet higher than the structure on which it is mounted is permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Township. The Board of Commissioners may grant a conditional use after review of the Planning Commission and a public hearing before the Board of Commissioners. An applicant for a tower-based WCF must establish the following:

(i)

Siting. Tower-Based WCF shall only be permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of § 1818:

1.

O-P Office-Park District.

2.

A-O Apartment-Office District.

3.

A-OL Apartment-Office Limited District.

4.

C-L Commercial-Limited District.

5.

C-G Commercial-General District.

6.

C-PL Commercial-Park Limited District.

7.

I-G Industrial-General District.

(ii)

Coverage and capacity. An applicant for a tower-based WCF must demonstrate that a gap in wireless coverage and capacity exists and that the type of WCF and siting being proposed is the least intrusive means by which to fill the gap in wireless coverage and capacity. The existence or non-existence of a gap in wireless coverage and capacity shall be a factor in the Township's decision on an application for approval of tower-based WCFs.

(iii)

Collocation. An applicant for a tower-based WCF must demonstrate there is not suitable space on existing wireless service facilities or other wireless service facility sites or on other sufficient tall structure where the intended wireless service facility can be accommodated and function as required by its construction permit or license without unreasonable modification.

(iv)

Site plan. An applicant for a tower-based WCF must submit a full site plan to the Township Zoning Officer which shall include:

1.

Written authorization from the property owner of the proposed tower-based WCF site that such facility may be sited on the property. Written authorization from the property owner consenting to the making of the application to the Township for conditional use. Written acknowledgment from the property owner of being bound by § 1818, the conditions of any site plan approval authorized by the Township, and all other requirements of the Code of Hampden Township.

2.

A site plan that is drawn to scale and shows the following features: Property boundaries; any tower guy wire anchors and other apparatus; existing and proposed structures; scaled elevation view; access road(s) location and surface material; parking area; fences; location and content of (any or warning) signs; exterior lighting specifications; landscaping plan; land elevation contours; existing land uses surrounding the site; proposed transmission building and/or other accessory uses with details; elevations; and proposed use(s).

3.

A written report including: Information describing the tower height and design; a cross-section of the structure; engineering specifications detailing construction of tower, base and guy wire anchorage; information describing the proposed painting and lighting schemes; information describing the tower's capacity, including the number and type of antennas that it can accommodate; radio frequency coverage including scatter plot analysis and the input parameters for the scatter plot analysis; all tower structure information to be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.

4.

A written report, titled "Cost of Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of the tower, antenna, and related facilities.

5.

All other uses ancillary to the tower-based WCF and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the tower-based WCF site unless otherwise permitted in the zoning district in which the tower-based WCF site is located.

6.

Where the tower-based WCF is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.

7.

An inventory of its existing wireless communications facilities, including all tower-based, non-tower, and small WCF, that are either sited within the Township or within one-quarter mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Township may share such information with other applicants applying for site plan approvals, zoning permits, or conditional uses under § 1818 or other organizations seeking to locate antennas within the Township; provided, however, that the Department of Community Development is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

8.

The need for additional buffer yard treatments shall be evaluated.

9.

Other information deemed to be necessary by the Township to assess compliance with § 1818.

b.

Underground district. A tower-based WCF shall not be located in, or within 300 feet of, an area in which utilities are required to be located underground.

c.

Prohibited in residential districts. Tower-Based WCFs shall not be located within a Residential District or within 300 feet of a lot in Residential use or a Residential District boundary.

d.

Prohibited in open space and conservation districts. Tower-based WCFs shall not be located within an open space or conservation district or within 500 feet of a lot in open space or conservation use or an open space or conservation district boundary.

e.

Prohibited in wetlands and known bird concentration areas. No tower-based WCF shall be located in or within 500 feet of wetlands; other known bird concentration areas (i.e., State or Federal refuges, staging areas, rookeries); in known migratory or daily movement byways; or in the habitat of threatened or endangered species.

f.

Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

g.

Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

(i)

Existing use. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.

(ii)

Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the Tower-Based WCF and guy wires, the equipment building, security fence, and buffer planting.

(iii)

Minimum setbacks for antenna support structures. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the support structure and any property line or right-of-way line shall be equal to the height of the tower plus the distance of the corresponding minimum yard setback (front, side and rear) for the zoning district in which the lot is located and any other additional requirements for that zoning district. Guy wires and accessory facilities must also satisfy the minimum zoning district setback requirements.

h.

Minimum setbacks for accessory structures. All antenna installations, including tower-based WCF, shall comply with the accessory structure setback requirements in the zoning district in which they are sited and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased.

i.

Separation. A tower-based WCF with a height greater than 90 feet shall not be located within one-quarter of a mile from any existing tower-based WCF with a height greater than 90 feet.

4.

Notice. No later than 30 days following the submission of an application for a tower-based WCF and the scheduling of the public hearing (if required), the applicant shall mail notice to all owners of every property within a 500-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the Township within 15 days of completion.

5.

Collocation.

a.

An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building.

b.

Any applicant proposing construction of a new tower-based WCF outside the rights-of-way shall demonstrate to the satisfaction of the Board of Commissioners, by written submission, that a good faith effort has been made to obtain permission to mount the tower-based WCF Antenna on an existing building or structure. The Township may deny any application to construct a new tower if the applicant has not made a good faith effort to collocate the antenna on an existing structure. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter mile radius of the proposed tower-based WCF site be contacted and that the applicant certifies in writing to the Board of Commissioners that one or more of the following reasons for not selecting such structure apply:

(i)

The proposed WCF and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at reasonable cost;

(ii)

The proposed WCF and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at reasonable cost;

(iii)

Such existing structure does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function; and/or

(iv)

A commercially reasonable agreement cannot be reached with the owner(s) of such structure.

6.

Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

7.

Wind and ice. Any tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

8.

Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. In no case shall a WCF exceed a maximum height of 200 feet.

9.

Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

10.

Maintenance. The following maintenance requirements shall apply:

a.

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

b.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

c.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

d.

The Township reserves the authority to require the repainting of all tower-based facilities where the painting of such facilities is not regularly maintained.

11.

Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Secretary on an annual basis. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the conditional use authorization of any tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

12.

Historic buildings and districts. No tower-based WCF may be located on, or within 100 feet of, any historic district, property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

13.

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.

14.

Lighting. Tower-based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

15.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

16.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

17.

Inspection. No later than the first day of December of each odd-numbered year, the owner of the tower-based WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or erection of tower-based WCFs. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Township no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the tower-based WCF structure shall again be inspected in accordance with the parameters and requirements described herein.

18.

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

19.

Non-conforming uses. Non-conforming 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 Ordinance.

20.

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

a.

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

b.

If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF. Any cost to the Township for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the tower-based WCF is situated and shall be collected in the same manner as a municipal tax on real property.

c.

Any unused portions of tower-based WCFS, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

21.

Siting. No tower-based wireless communications facility shall be located, in whole or in part, within the right-of-way.

22.

Eligible facilities request.

a.

Tower-based WCF applicants proposing a modification to an existing tower-based wcf that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from Hampden Township.

b.

In order to be considered for such permit, the tower-based WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

23.

Design regulations.

a.

Any height extensions to an existing tower-based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.

b.

The tower-based wcf shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

c.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the tower-based wcf applicant's antennae and comparable antennae for future users.

d.

All utilities that are extended to the site of the tower-based WCF shall be placed underground.

24.

Surrounding environs.

a.

The tower-based WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based WCF structure shall be preserved to the maximum extent possible.

b.

The tower-based WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/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.

25.

Fence/screen.

a.

A security fence having a maximum height of eight feet, and a minimum height of six feet, shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

b.

An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted ten feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

c.

In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

26.

Accessory equipment.

a.

Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.

b.

All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

27.

Additional antennae. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennae on tower-based WCFS where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.

28.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and the access shall be paved to a width of at least ten feet throughout its entire length.

29.

Bond. Prior to the issuance of a conditional use zoning permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Solicitor of the Township. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this Ordinance, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the tower-based WCF shall maintain a bond in the following amounts:

a.

An amount of $75,000.00 to assure the faithful performance of the terms and conditions of this Ordinance; and

b.

An amount determined by the Board of Commissioners based on engineering estimates, to cover the cost of removing and disposing of the antenna, tower, and related facilities. The Board of Commissioners may consider, but shall not be required to rely upon, applicant's written report, titled "Cost of Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

30.

Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

31.

Graffiti. Any graffiti on the tower-based wcf, including wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within ten days of notification by the Township.

32.

Inspection by Township. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Section V. Regulations applicable to all non-tower wireless facilities.

A.

The following regulations shall apply to all non-tower wireless communications facilities:

1.

Procedures.

a.

Any applicant proposing a non-tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the non-tower WCF will be mounted on the structure, for review by the Township staff and Planning Commissions and for approval by the Board of Commissioners in accordance with the requirements of the Hampden Township Land Development Ordinance, Chapter 22, Part 4.

b.

The applicant shall prove that it is licensed by the FCC to operate a non-tower WCF and that the proposed non-tower WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

2.

Development Regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:

a.

Permitted subject to regulations. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Township. The Board of Commissioners may grant a conditional use after review of the Planning Commission and a public hearing before the Board of Commissioners.

(1)

Siting. Non-tower WCF are permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of § 1818:

1.

O-P Office-Park District.

2.

A-O Apartment-Office District.

3.

A-OL Apartment-Office Limited District.

4.

C-L Commercial-Limited District.

5.

C-G Commercial-General District.

6.

C-PL Commercial-Park Limited District.

7.

I-G Industrial-General District.

(2)

Height. Any non-tower WCF shall not exceed the maximum height permitted in the applicable zoning district.

(3)

Equipment building. If the non-tower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

(4)

Fencing. A security fence with a maximum height of ten feet, and a minimum height of eight feet, shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

b.

Site plan. An applicant for a non-tower WCF must submit a full site plan to the Township Zoning Officer which shall include:

(1)

Written authorization from the wireless support structure owner of the proposed non-tower wcf site that such facility may be sited on the wireless support structure. Written authorization from the wireless support structure owner consenting to the making of the application to the Township for conditional use. Written acknowledgment from the wireless support structure owner of being bound by § 1818, the conditions of any site plan approval authorized by the Township, and all other requirements of the Code of Hampden Township.

(2)

A site plan that is drawn to scale and shows the following features: Property boundaries; existing and proposed structures; existing and proposed use(s); existing and proposed antennae; existing or proposed electrical power source; and scaled elevation view.

(3)

A written report including: Information describing the antenna height and design; a cross-section of the wireless support structure; engineering specifications detailing attachment of the antenna to the wireless support structure; information describing the proposed painting and lighting schemes; radio frequency coverage including scatter plot analysis and the input parameters for the scatter plot analysis; all wireless support structure information to be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.

(4)

A written report, titled "Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of antenna and related facilities.

(5)

An inventory of its existing wireless communications facilities, including all tower-based, non-tower, and small WCF, that are either sited within the Township or within one-quarter mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Township may share such information with other applicants applying for site plan approvals, zoning permits, or conditional use under § 1818 or other organizations seeking to locate antennas within the Township; provided, however, that the Township Department of Community Development is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(6)

Other information deemed to be necessary by the Township to assess compliance with § 1818.

3.

Eligible facilities request.

a.

Non-tower WCF applicants proposing a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Zoning Officer.

b.

In order to be considered for such permit, the non-tower WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

4.

Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

5.

Historic buildings and districts. No non-tower WCF may be located on, or within 100 feet of, any historic district, property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

6.

Prohibited in residential districts. Non-tower WCFs shall not be located within a residential district or within 300 feet of a lot in residential use or a residential district boundary.

7.

Prohibited in open space and conservation districts. Non-tower WCFs shall not be located within an open space or conservation district or within 500 feet of a lot in open space or conservation use or an open space or conservation district boundary.

8.

Timing of approval. All applications for non-tower WCFs shall be acted upon by the Township within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in an amount as established from time to time by resolution of the Board of Commissioners. If the Township receives an application for a non-tower WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

9.

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

10.

Bond. Prior to the issuance of a conditional use zoning permit, the owner of a non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Solicitor of the Township. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this Ordinance, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the non-tower WCF shall maintain a bond in the following amounts:

a.

An amount of $75,000.00 to assure the faithful performance of the terms and conditions of this Ordinance.

b.

An amount determined by the Board of Commissioners based on engineering estimates, to cover the cost of removing and disposing of the antenna and related facilities. The Board of Commissioners may consider, but shall not be required to rely upon, applicant's written report, titled "Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

11.

Design regulations.

a.

Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

b.

Non-tower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the non-tower WCF applicant obtains a variance.

c.

All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

d.

Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

12.

Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

13.

Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

14.

Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

15.

Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields", as amended. The owner or operator of such non-tower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Secretary on an annual basis. A non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the conditional use authorization of any non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

16.

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

17.

Inspection report requirements. No later than the first day of December of each odd-numbered year, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of non-tower WCFs. A copy of said inspection report and certification of continued use shall be provided to the Township Zoning Officer no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the non-tower WCF shall again be inspected in accordance with the parameters and requirements described herein.

18.

Graffiti. Any graffiti on the non-tower WCF, including wireless support structure or on any communications equipment or accessory equipment, shall be removed at the sole expense of the owner within ten days of notification by the Township.

19.

Inspection by Township. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

20.

Maintenance. The following maintenance requirements shall apply:

a.

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

b.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

c.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

21.

Upgrade, replacement, modification.

a.

The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading, replacing, modifying, or repairing the WCF is permitted, so long as such upgrade, replacement, modification, or repair does not increase the overall size of the WCF or the numbers of antennae.

b.

Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

22.

Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

a.

All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.

b.

If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or related facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF. Any cost to the Township for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the non-tower WCF is situated and shall be collected in the same manner as a municipal tax on real property.

Section VI. Regulations applicable to all small wireless communications facilities.

A.

The following regulations shall apply to small wireless communications facilities:

1.

Development regulations.

a.

Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this Section, § 1818(VI) and generally applicable permitting as required by the Township Code.

b.

Small WCF located within any district requiring non-discriminatory undergrounding of all utility installations shall be collocated on existing or replacement wireless support structures. No new wireless support structure may be installed for the purpose of supporting a small WCF within any district requiring non-discriminatory undergrounding of all utility installations.

c.

Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.

d.

All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.

2.

Procedures.

a.

Any applicant proposing a small WCF shall submit an application for review by the Township staff.

b.

The applicant shall prove that it is licensed by the FCC to operate a small WCF and that the proposed small WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

3.

Timing of approval.

a.

Within 60 days of receipt of an application for collocation of a small WCF on a preexisting wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

b.

Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

c.

Within ten calendar days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.

4.

Eligible facilities request.

a.

Small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from Hampden Township.

b.

In order to be considered for such permit, the small WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

5.

Non-conforming wireless support structures. Small WCF shall be permitted to collocate upon non-conforming tower-based WCF and other non-conforming structures. Collocation of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is non-conforming as to use within a zoning district.

6.

Application fees. The Township may assess appropriate and reasonable application 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, subject to the limitations in this Section, in an amount as established from time to time by resolution of the Board of Commissioners.

7.

Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania UCC, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

8.

Historic buildings and districts. No small 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, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.

9.

Prohibited in open space and conservation districts. Small WCFs shall not be located within an open space or conservation district or within 500 feet of a lot in open space or conservation use or an open space or conservation district boundary.

10.

Wind and ice. All small WCF 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/EIA/TIA-222, as amended), or to the industry standard applicable to the structure.

11.

Radio frequency emissions. A small 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 owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Secretary on an annual basis. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

12.

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

13.

Accessory equipment. Small WCF 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.

14.

Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within ten days of notification by the Township.

15.

Design standards. All small WCF in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, a copy of which is on file with Hampden Township.

16.

Collocation. An application for a new small WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-half mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

17.

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 as determined by the Township.

18.

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, in an amount as established from time to time by resolution of the Board of Commissioners, 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.

Section VII. Regulations applicable to all wireless facilities.

1.

Township-controlled property. Nothing in § 1818 shall be deemed to create any offer, right, or entitlement to use Township-controlled property for the construction or operation of tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by Hampden Township may be exempt from the requirements of § 1818. The Board of Commissioners retains the right to require applicants to obtain site plan approval from the Planning Commission in accordance with the requirements of § 1818. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on Township-controlled property until a license or lease agreement authorizing such wireless facility has been approved by the Board of Commissioners.

2.

Penalties. Any person violating any provision of this Ordinance shall be subject, upon finding by a magisterial district judge, to a penalty not exceeding $500.00, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this Ordinance and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this Ordinance.

3.

Determination of violation. In the event a determination is made that a person has violated any provision of this Ordinance, such person shall be provided written notice of the determination and the reasons therefore. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this Ordinance and/or federal and/or Pennsylvania law and regulations.

4.

Revocation of zoning permit. Any zoning permit granted under § 1818 may be revoked by the Board of Commissioners after a hearing, conducted on at least 15 days' written notice to the owner of the wireless communications facility and any related facilities, and an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the wireless communications facility and related facilities constitute a threat to public safety, health, or welfare, or that the conditions of the conditional use authorization have been materially violated, the City Council may revoke the zoning permit.

Section VIII. Insurance and indemnification of wireless facilities.

1.

Insurance. Each person that owns or operates a wireless communications facility is required to purchase and maintain general liability insurance and property damage insurance, as specified herein:

a.

Each person that owns or operates a tower-based WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000.00 per occurrence and property damage coverage in the minimum amount of $5,000,000.00 per occurrence covering the tower-based WCF.

b.

Each person that owns or operates a non-tower WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000.00 per occurrence covering the non-tower WCF.

c.

Each person that owns or operates a small WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000.00 per occurrence and property damage coverage in the minimum amount of $1,000,000.00 per occurrence covering the small WCF.

2.

Indemnification. Each person that owns or operates a tower-based wcf, a non-tower WCF, or a small 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 each of its WCF. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small 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 each of its 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.

Section IX. Miscellaneous.

1.

Police powers. The Township, by granting any permit or taking any other action pursuant to this Chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable Federal, State and local laws and regulations.

2.

Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this Chapter invalid.

3.

Effective date. This Ordinance shall become effective five days after enactment by the Board of Commissioners of Hampden Township.

(Ord. 20-09, 9/29/20)

Where an under-21 social club and establishment is permitted as a use in the C-G Zoning Districts, the following standards and criteria shall apply:

(1)

All activities associated with the use shall be conducted and contained within the building constituting the premises and no parking lot, open space, court, yard or other outdoor areas may be used for the club or establishment, except for ingress and egress.

(2)

The club or establishment shall provide "proper adult supervision" throughout the premises, consisting of a minimum of one person 25 years of age or older for every 25 minors or part thereof. Such persons shall be directly responsible for, and their sole job responsibility shall be the care and conduct of such minors. They shall be located in such proximity that minors are continuously within a supervisor's sight and hearing.

(3)

The club or establishment shall not be open for business between the hours of 12:00 midnight and 5:00 a.m., Official Township Time, and shall operate in strict accordance with the Hampden Township Curfew Ordinance (Chapter 6, Part 2), and as said Ordinance may be amended hereafter.

(Ord. 02-03, 8/1/2002)

1.

Open space development is an optional form of development which allows the developer more flexibility of design and enables the development of lots smaller than those specified in underlying residential zoning districts; provided, that the land saved is reserved for permanent common use, usually in the form of open space. The purpose of open space development is to permit a procedure for development which shall:

A.

Improve living and working environments.

B.

Promote more economic subdivision layout.

C.

Encourage the conservation of natural resources such as woodlands, wildlife and wetlands.

D.

Encourage ingenuity and originality in total subdivision and individual site design.

E.

To preserve open space to serve recreational, scenic and public service purposes and/or other purposes related thereto.

2.

Where open space developments are a permitted use, the following conditions and standards shall apply:

A.

Open space residential development criteria.

(1)

General requirements. Within the R-C Residential Country or the R-S Residential Suburban zoning district, an open space development is permitted, provided that:

(a)

The minimum setbacks of the underlying zoning shall apply around the outermost (perimeter) lot lines in any open space development.

(b)

The density and uses of the parcel may not vary from the density and uses that would be possible under the conventional R-C or R-S zoning development. (A sketch plan is required showing conventional R-C or R-S development potential to determine the density of the open space development.)

(c)

Driveway access to individual lots shall only be from roadways inside the open space development.

(2)

Public sewer and water are required to serve any open space development if available within 1,000 feet of the property boundary. If the sewer is not available within 1,000 feet, capped sewers may be required and must conform to the Act 537 plan. A community on lot septic system may be installed if it can meet all applicable regulations. If wells are proposed within the open space development, a hydrological study may be required to insure that sufficient potable water exists to serve the development.

B.

Open space design standards in the R-C zoning district.

(1)

Within an open space development in any R-C zoning district, a minimum of 30 percent of the tract must remain in open space.

(2)

Design criteria for single-family detached units within an open space development located within an R-C zone shall be as follows:

(a)

Minimum lot area shall be 10,000 square feet.

(b)

Minimum lot width shall be 80 feet at the front building setback line, 70 feet at the frontage and, if along the turnaround of a cul-de-sac, 65 feet at the lot frontage.

(c)

Minimum lot depth shall be 100 feet.

(d)

Minimum setback requirements:

1)

Front yard setback: 25 feet from the right-of-way line.

2)

Side yard setback: Ten feet each.

3)

Rear yard setback: 25 feet.

(e)

Maximum lot coverage: 40 percent.

(f)

Design standards for accessory uses.

1)

Accessory uses and/or structures may be located in the rear only, and must be a minimum of ten feet from the rear lot line.

2)

Maximum permitted height for accessory uses is 15 feet.

C.

Open space design standards in the R-S zoning district.

(1)

Within an open space development in any R-S zoning district, a minimum of 25 percent of the tract must remain in open space.

(2)

Design criteria for single-family detached units within an open space development located within an R-S zone shall be as follows:

(a)

Minimum lot area shall be 7,500 square feet.

(b)

Minimum lot width shall be 75 feet at the front building setback line, 65 feet at the lot frontage and, if along the turnaround of a cul-de-sac, 50 feet at the lot frontage.

(c)

Minimum lot depth shall be 75 feet.

(d)

Minimum setback requirements:

1)

Front yard setback: 25 feet from the right-of-way line.

2)

Side yard setback: Ten feet each.

3)

Rear yard setback: 25 feet.

(e)

Maximum lot coverage: 50 percent.

(f)

Design standards for accessory uses.

1)

Accessory uses and/or structures may be located in the rear yard only, and must be a minimum of ten feet from the rear lot line.

2)

Maximum permitted height for accessory uses is 15 feet.

D.

General open space requirements.

(1)

In general, the required open space to be set aside shall attempt to preserve natural areas such as wetlands, streams, scenic views, woodlands, steep slopes and similar areas. A minimum of 15 percent of the required open space shall be provided on dry, level ground. Guidelines in the Hampden Township Land Development Ordinance [Chapter 22] shall be used in making determination of what constitutes dry, level ground.

(2)

Required open space areas must be in the form of large tracts, with linear trails connecting larger tracts or parcels adjacent to the open space development parcel or tract, in a configuration suitable for approval by the Hampden Township Board of Commissioners. In determining the preferred location of principal open space tracts, developers shall use the guidelines set forth in the Future Land Use chapter of the most current Hampden Township Comprehensive Plan.

(3)

Maintenance of open space. The developer must submit a detailed statement including covenants, agreements or other specific documents showing the ownership and method of maintenance and utilization of the required open space area within the development. The documentation should include language relative to dedication of any right-of-way areas consistent with the prescribed uses as deemed appropriate by the Board of Township Commissioners. The covenants and agreements shall be perpetual and be recorded at the Cumberland County Recorder of Deeds Office prior to or simultaneously with the approved land development plan. The covenants and agreements concerning the nature of open space may be changed in the future; provided, that they remain consistent with the purposes set forth in this Section; and, further provided, that any such amendment to the recorded documentation shall not become effective until it is approved by the Board of Township Commissioners and likewise recorded with Cumberland County.

(4)

Prohibitions on future development of open space. Future development, subdivision or sale of the required open space shall be prohibited without prior approval from the Hampden Township Board of Commissioners. A note to this effect must be placed on the approved development plan.

(5)

Required open space shall not include streets, private roads, stormwater detention ponds, private yards, minimum required spacing between buildings or recreation land required for dedication to the Township. All open space must be physically accessible by residents of the open space development from a street or a pedestrian walkway. Wherever possible, required open space should be left in its natural, vegetative state.

(6)

Use of open space may include recreation equipment, pavilions, benches, paths, bikeways and walkways, athletic fields, farming, passive agricultural activities and similar uses. Residential accessory structures such as sheds, garages, fences, parking or other storage areas, etc., or any commercial use shall not be permitted in the open space area; however, one-story accessory structures used solely for storage of maintenance equipment used exclusively for the upkeep of the open space may be permitted after the issuance of a zoning permit.

(Ord. 84-2, 3/29/1984, § 1813; as added by Ord. 94-14, 12/1/1994, § 1; as amended by Ord. 98-7, 8/27/1998; and Ord. 02-04, 8/1/2002; and Ord.04-05, 5/27/2004, § I(K); and by Ord. 2015-11, 7/30/2015; Ord. No. 2025-05, § 2(3, 4), 7/31/2025)

An adult day care facility when allowed as a permitted use shall be subject to and comply with the following requirements:

1.

An adult day care facility shall not be located in a residence or on a property containing a residential use and shall conform to the standards of the zoning district in which the facility is located.

2.

The facility and any permitted accessory uses shall meet all laws, requirements and regulations of any governmental agency having jurisdiction over the facility and/or accessory use.

3.

Unless otherwise provided to the contrary in a specific zoning district, the following uses are considered permitted accessory uses to an adult day care facility: Offices, medical clinic, rehabilitative therapies, on-site food service, and pharmacy. All permitted accessory uses shall be limited to servicing attendees of the adult day care facility.

4.

If a pharmacy is present on site, it will be for the sole use of dispensing to clients of the adult day care facility and not for sale to others.

(Ord. 12-04, 06/28/2012)

Where permitted by this Chapter, adult oriented businesses shall be subject to and comply with the following requirements:

1.

An adult oriented business and its parking area shall not be located within any of the following distances, whichever is more restrictive:

a.

Five hundred feet from the lot line of a residential use.

b.

Five hundred feet from the district boundary of any zoning district that permits residential use.

c.

One thousand feet from the lot line of any public or private primary or secondary school, place of worship, library, public park, family day care home, group day care home, child day care center, or private nursery and/or kindergarten.

d.

One thousand feet from any other adult oriented business.

Distances shall be measured in a straight line from the nearest point of the property lines of the premises where the adult oriented business is proposed to the nearest point of the property line or zoning district boundary line specified above.

2.

A 50-foot buffer yard shall be provided along the side and rear lot lines and buffer screening, in accordance with Section 1702 of this Chapter, shall be provided.

3.

A minimum lot area of one acre is required.

4.

An adult oriented business shall not operate between the hours of midnight and 7:00 a.m. prevailing time.

5.

An adult oriented business shall not be permitted on a lot that also has a use that sells alcoholic beverages.

6.

An adult oriented business shall not admit any person under the age of 18 years, permit a person under the age of 18 years, or transact business with a person under the age of 18 years unless that person is accompanied by a parent or guardian. Precautions shall be taken to prohibit minors from entering the premises.

7.

No adult oriented business shall be used for any purpose or in any manner that violates Federal, State or municipal laws, regulations or codes.

8.

No pornographic material, displays, words, sexually explicit signs, or displays shall be visible from outside the building that contains the adult oriented business.

9.

Private or semi-private viewing booths are prohibited.

(Ord. 2017-11, 07/27/2017)

A personal care home when allowed as a permitted use shall be subject to and comply with the following requirements:

1.

A personal care home facility shall not be located in a residence or on a property containing a residential use and shall conform to the standards of the zoning district in which the facility is located with the exception of the following:

a.

Maximum building height: 45 feet.

b.

Minimum lot area: Three acres.

c.

Public water and public sewer are required.

2.

The personal care home facility and any permitted accessory uses shall meet all law requirements and regulations of any governmental agency having jurisdiction over the facility and/or accessory use.

3.

Unless otherwise provided to the contrary in a specific zoning district, the following uses are considered permitted accessory uses to a personal care home: Offices, medical clinic, rehabilitative therapies, on-site food service, and pharmacy. All permitted accessory uses shall be limited to serving attendees of the personal care home facility.

4.

If a pharmacy is present on site, it will be for the sole use of dispensing to residents of the personal care home facility and not for sale to others.

(Ord. 2019-04, 03/28/2019)

Where permitted by this Chapter, electric vehicle charging stations serving uses other than individual single-family dwellings shall comply with the following standards:

1.

Each electric charging position shall consist of a ten foot by 20-foot parking space that is restricted with signage to use by electric vehicles during charging.

2.

If an electric vehicle charging position in provided, at least one such position shall be handicap-accessible.

3.

Such electric vehicle charging positions shall be separated from fuel dispensing facilities and buildings by a minimum distance of 25 feet.

4.

Electric vehicle charging stations shall be installed in compliance with all applicable building and fire codes.

5.

Required parking spaces shall not be used as charging positions.

(Ord. No. 2023-03, § 3, 3/30/2023)