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Hampton Township City Zoning Code

ARTICLE XI

Special Requirements

§ 310-67 Conversion apartments.

A. 
Any single-family dwelling occupied as such prior to adoption of this chapter and located in the Residential C or D Zone District may be converted into not more than two dwelling units, provided the lot containing the building exceeds the minimum lot area for the district by 1 1/2 times.
B. 
Each dwelling in a converted single-family building shall contain at least 360 square feet if an efficiency apartment, or 480 square feet if a one-bedroom apartment, or 550 square feet if a two-bedroom apartment. Each apartment shall contain a private bathroom and food cooking and storage facilities, and be provided with two parking spaces on the lot.
C. 
There shall be at least two means of egress from each dwelling unit, of which at least one shall be directly to the outside at grade or via an exterior stairs to grade.
D. 
Each dwelling unit shall have sufficient operable window sash area to equal at least 1/20 of the floor area and shall be served by a heating system capable of providing 68° F. throughout each dwelling unit when the outside temperature is 0° F.
E. 
No building manifestly designed for nonresidential purposes shall be reconverted to residential use unless such conversion removes a nonconforming use and such building is completely remodeled for permanent residential use.

§ 310-68 Apartments in commercial structures.

A. 
In the Highway Commercial District and the Neighborhood Commercial District, apartments may be constructed on the second floor of a building, the first floor of which is devoted to commercial use. No commercial uses and apartments shall be located on the same floor.
B. 
The number of apartments permitted shall not exceed in number the result of dividing the lot area in square feet by 10,000.
C. 
There shall be provided on the property two parking spaces per each apartment for the exclusive use of the apartment occupants.
D. 
There shall be two means of egress directly to the outside at grade provided from the second floor hallway common to the apartments. An exterior metal fire escape may be substituted for one hallway exit. Apartment(s) that do not use a common hallway and provide a direct means of access to the outside at grade shall only require a single means of egress.

§ 310-69 Home occupations and day care.

A. 
Subject to the following rules and regulations, home occupations may be permitted in all residential districts, provided that the conduct of such home occupation(s) is clearly accessory and incidental to the primary dwelling use.
B. 
In addition to no-impact home-based businesses as defined by the Municipalities Planning Code,[1] the following occupations shall be considered suitable as home occupations:
(1) 
Office of an individual lawyer, engineer, architect, accountant, other similar profession (other than a physician, dentist, or other medical practice), or minister of religion.
(2) 
Studio of an individual artist, photographer or craftsman, including retail sales of products made on the same premises only.
(3) 
Business of an individual whose occupation is conducted entirely by telephone and/or correspondence, or from his or her car, provided no retail sales occur on the property and no goods used in the business are stored outside the dwelling, building or in a garage.
(4) 
Custom dress or tailoring.
(5) 
Tutoring of academic subjects and art or arts and crafts instruction, limited to groups of not more than three students simultaneously.
(6) 
Musical instrument instruction but only if provided in a single-family dwelling to groups of not more than three students simultaneously.
(7) 
Beauty shop or barber shop of an individual licensed barber or beautician, to serve only one customer at a time and by appointment only.
(8) 
Adult day care. A facility registered/licensed by the commonwealth, located within a dwelling, for the care of not more than six adults, over the age of 16 years of age, excluding care provided to adults who are relatives of the provider.
(9) 
Child day care. A facility registered/licensed by the commonwealth, located within a dwelling, for the care of children under the age of 16 years of age, with no provision for overnight stays, as follows:
[Amended 4-22-2020 by Ord. No. 835]
(a) 
In all Conservation (C) and residential zoning districts, a home-based day-care facility with no more than six children (excluding care provided to children who are relatives of the provider) shall be allowed as a permitted use (P), subject to the following criteria:
[1] 
Licensed. Any such day-care facility must be registered and in compliance with all requirements set forth by the Commonwealth of Pennsylvania, Department of Human Services, and all other laws and regulations established thereby, and with all other federal and state laws, and regulations (including but not limited to applicable UCC/Building Code and Fire Code regulations).
[2] 
Parking. Two off-street spaces per dwelling unit and one additional space for passenger loading and unloading.
[3] 
Loading. Sufficient facilities for passenger loading and unloading shall be provided so as not to interrupt normal traffic patterns.
[4] 
Fencing/screening. Any such day-care facility shall provide such perimeter privacy fencing, and/or such vegetative screening (e.g., bushes), around all rear or side yard areas used for outdoor recreation, as determined to be reasonably necessary to control children's ingress/egress and to protect surrounding properties from excess noise or other disturbances.
(b) 
In the RA and RB Residential Zoning Districts only (but not in a PRD development within those districts unless located on a residential parcel containing at least 1/2 acre), a home-based day-care facility (with not more than 12 children) [excluding care provided to children who are relatives of the provider] shall be allowed as a conditional use (C), subject to the criteria set forth in §§ 310-76 through 310-78.
(10) 
Such other home occupations that meet the criteria of this § 310-69 which are similar to and compatible with those home occupations listed above, as determined by the Planning Commission and approved by Township Council.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
The use of portions of a residence for home occupations pursuant to this section shall at all times be secondary to the primary use of the dwelling for living purposes. Home occupations shall occupy not more than 25% of the habitable floor area of the primary dwelling structure, regardless of the number of lawful home occupations conducted within the home. Every home occupation shall be owned and operated by an owner/occupant of the dwelling; and there shall be employed not more than one clerical or support staff person who does not reside in the dwelling, regardless of the number of home occupations within the residence; and, unless otherwise provided above, shall receive office visits by only one client at a time and by appointment only, regardless of the number of home occupations within the residence.
D. 
No exterior changes shall be made to the dwelling, building or additions made specifically to accommodate the home occupation. No use shall be made of accessory structures on the property and no structure shall be built to accommodate the home occupation. No more than 25% of one floor of the dwelling may be used for home occupation(s), regardless of the number of home occupations within the residence.
E. 
Signs identifying the home occupation shall be in conformance with § 310-88A(1), except that the nature of the home occupation may be indicated.
F. 
Off-street parking spaces shall be limited to one vehicle provided on the lot in accordance with § 310-80A(5), but no more nor less than the number required shall be provided. Township Council may require the parking to be screened by appropriate plantings from adjacent residential properties.
G. 
The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.
H. 
A separate occupancy permit for any home occupation other than a no-impact home-based business must be obtained prior to the start of activities. The fee will be identical to that required for a commercial establishment.

§ 310-70 Boarding and rooming houses.

Any single-family dwelling occupied by a family whose members are related by blood, marriage or adoption may also accommodate not more than two individual boarders. One parking space shall be provided on the premises for each boarder or roomer to be accommodated.

§ 310-71 Automobile service stations.

A. 
Automotive service stations are permitted as conditional uses in the Highway Commercial District, Neighborhood Commercial District Light, Industrial District and Heavy Industrial District.
B. 
Only below-grade fuel storage tanks and pump islands may be placed not closer than 30 feet to the road right-of-way line or abutting property lines. Canopy structures are permitted within 20 feet of right-of-way. Access drives shall be located to take advantage of maximum, sight distances for motorists and circulation into and through the premises shall be obvious to motorists. The use of the site and access to it will not downgrade adjacent properties or the public health, safety and general welfare. The design and arrangement of the station shall be compatible with adjacent or nearby residential development.
C. 
All bulk storage of flammable liquids shall occur in well-vented tanks below grade.
D. 
Service station building walls shall be of masonry construction where they are within 50 feet of any property line.
E. 
All hoists, pits and all lubricating, greasing, automobile washing and repair equipment shall be entirely within an enclosed building.
F. 
All storage of new, used or discarded parts or materials shall be within an enclosed structure.
G. 
Access shall be limited to two driveways and one additional driveway on a second street where the property abuts a second street. Each driveway shall not be more than 35 feet wide at the property line. No driveway shall be located within 75 feet of any street intersection, measured from the point of crossing of intersecting street right-of-way lines abutting the property and the edge of the driveway nearest the intersection.
H. 
The entire service area shall be paved with a permanent surface and edged with a curb where it abuts grassed areas. Paved surfaces shall be sloped to an acceptable storm drainage system. Areas of the property not paved shall be left natural, or landscaped and maintained.
I. 
Sufficient space shall be provided on each side of each pump island for not less than three vehicles being serviced or waiting service. Not less than eight other parking spaces outside the circulation area around the pump islands shall be provided for customer and employee parking.
J. 
No derelict, uninspected or unlicensed vehicles shall be permitted on the premises for more than one month. Derelict, uninspected, or unlicensed vehicles awaiting auto body repair or painting shall be kept behind a fence at least four feet high surrounding the vehicles and obscuring a view of them from adjacent properties and roads.

§ 310-72 Hedges, fences, privacy/decorative walls and irrigation systems.

A. 
Location: No hedge, fence, privacy/decorative wall or irrigation system may be erected or placed within one foot of any side or rear property line, except as follows:
(1) 
Upon an application submitted along with a survey and with the written consent of the adjacent property owner(s); or
(2) 
In the case of a townhouse, row house, or other building where the adjoining units in the same structure share a common party wall, a side yard hedge or fence may be placed along the property line separating the two parcels.
B. 
Maximum height: Hedges, fences and walls where permitted in front yards shall not exceed four feet in height. No hedge, fence, or privacy/decorative wall in side and rear yards shall exceed six feet in height; except as follows:
(1) 
Where a nonattached (nonparty wall) dwelling on an adjacent lot is within six feet of the common lot line, then the height shall not to exceed the distance of the adjacent dwelling from the line.
(2) 
Notwithstanding any requirement to the contrary in this section, a side yard or rear yard fence may be installed with a maximum height along its entire length that matches the height of a preexisting fence lawfully installed along the common shared border of an adjoining property.
(3) 
Retaining walls may exceed maximum height requirements, however, installation is prohibited in any ROW or easement.
[Added 5-24-2017 by Ord. No. 796]
C. 
Hedges shall be maintained not to exceed the specified maximum height requirements of Subsection B, above. (Required buffer fences, strips, etc., are not subject to this subsection, but shall instead be governed by the applicable bufferyard requirements).
D. 
Any fence or wall that is located in a "front yard" shall be considered a front wall or fence. A front fence or privacy/decorative wall or irrigation system must be a minimum of eight feet from the curb or property line, whichever is the lesser dimension, but no less than eight feet from the curb. The height of the wall or fence cannot exceed four feet in height unless it adjoins an existing wall or fence at a rear or side setback of the adjacent lot in which case it may match the height of the existing wall or fence, not exceeding the allowable height for wall and fences at rear and side yards. Front wall and fences shall be maintained so as not to exceed such height. No fence or wall shall be installed within a road right-of-way. Required buffer fences, strips, etc., are not included under this section.
[Amended 5-24-2017 by Ord. No. 796; 9-27-2017 by Ord. No. 797; 7-28-2021 by Ord. No. 843]
(1) 
The Zoning Officer may require more stringent controls on the placement of hedges, walls, trees, shrubs, landscape material and/or fences where, in his/her opinion, the public safety is involved. Fences and hedges shall not interfere with maintaining sight distances for automobile drivers approaching street intersections within 20 feet of the right-of-way of such intersection.
(2) 
No fence, pet containment system, hedge, wall, tree, shrub, landscape material or irrigation system shall be placed in a recorded public right-of-way after the date of adoption of this chapter without the prior written consent of the Zoning Officer. Pet containment or irrigation systems installed at least 13 feet from a cartway shall be exempt from obtaining a permit if located outside an easement or right-of-way.
(3) 
Fence materials.
(a) 
Fences in residential, commercial or industrial areas must be constructed of lumber, iron, maintenance-free type material or rust-free chain link. Maintenance-free type material shall include vinyl, plastic, wrought iron, and rust-resistant chain link. The following materials are prohibited for fences:
[1] 
Barbed wire and electrical fences.
[2] 
Razor wire.
[3] 
Concrete.
[4] 
Masonry, except when less than 30 inches in height and accompanied by a boundary survey at the time of permit application.
[5] 
Chicken wire.
[6] 
Woven or welded wire.
[7] 
Plastic webbing.
[8] 
Makeshift, flimsy materials, such as paper, twine, rope, tin and the like.
[9] 
Plywood.
[10] 
Pressed wood.
(b) 
Exceptions.
[1] 
Fence Types No. 1, 5 and 6 shall be allowed in side and rear yards for nonperimeter internal garden fences in residentially zoned districts if set back from the property line is a distance equal to or greater than the allowable accessory structure setback for the zoning district and shall not exceed four feet in height.
[2] 
Fence Type 1 shall be allowed in agricultural areas.
[3] 
Fence Type 7 shall be allowed when used for temporary traffic, police, construction or erosion control. This shall not prohibit the use of plastic materials intended to resemble wood products.
[4] 
Fence Type 8 shall be allowed when used for traffic control or police security.
E. 
Unless constructed with the same finished appearance on both sides, all fences, walls, retaining walls, and/or screenings having a rough or unfinished side and/or a side showing supports of bases shall be erected so that said rough and/or unfinished side faces inward toward the interior of the lot and the finished side faces outward toward adjoining properties.
F. 
All tennis courts placed within 50 feet of any property line in a residentially zoned district must be completely enclosed on both ends by a fence and may be enclosed on one side by a fence. Tennis court fences may be constructed of a metallic material, and chain-link fences of a specific mesh gauge are acceptable. Tennis court fences may be up to 10 feet in height along the ends of the court and extend along the sides at this height for 20 linear feet. The remaining length of the fence may not exceed four feet in height. Any court with a fence exceeding six feet shall be set back an additional five feet from any property line setback minimum. All lighting shall be of the shielded variety.
G. 
Security fences surrounding industrial, commercial or public properties may be exempt from § 310-72A and B, provided they are of an open work surface less than 50% of which is opaque. Required buffer fences, strips, etc., are not included under this section.
H. 
Any existing fence, hedge, post, mailbox, sign, privacy/decorative wall, tree, landscaping items or shrub located in a public right-of-way or other recorded public easement (right-of-way for utilities, etc.) is placed at the owner's risk and may be ordered removed by the Township or other public utility or authority for expansion or maintenance of public services.
I. 
Retaining walls shall be set back at least three feet from property lines and shall maintain height limitations as required for fences and hedges. Foundations of such walls shall be carried at least 36 inches below finished grade and walls shall be at least eight inches thick. (Alternative construction methods required or supplied by a wall manufacturer will be considered if structural integrity specifications are provided.)
Retaining walls more than six feet in height above finished grade shall be designed by a registered professional engineer and may be approved only after presentation of the engineer's sealed drawings to the Zoning Officer. The faces of retaining walls shall be set back at least three feet from any property line and a barrier along the top of the wall shall be required when the wall exceeds six feet in height.
[Amended 5-24-2017 by Ord. No. 796; 9-27-2017 by Ord. No. 797]
J. 
Border walls are required to meet fence height and setback regulations.
[Added 9-27-2017 by Ord. No. 797]
K. 
Decorative walls do not require a permit if located outside of an easement or right-of-way.
[Added 9-27-2017 by Ord. No. 797]
L. 
Mesh fencing, specifically manufactured for use as a deer barrier, shall be exempt from height and permit regulations if installed with lightweight supporting posts/pegs.
[Added 9-27-2017 by Ord. No. 797]

§ 310-73 Swimming pools.

All pool construction shall comply with Chapter 285, Swimming Pools, as amended, and shall be set back from property lines as for an accessory building. (See Table A.[1]) Verification that the pool is not located on any easements or utilities shall be provided along with the permit application.

§ 310-74 Manufactured homes.

A. 
A manufactured home, for the purposes of this chapter, shall be considered a transportable single-family dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of being separated later for movement to another site, such dwelling being ready for occupancy upon arrival on its lot except for placement on its foundation and minor or incidental unpacking and assembly operations.
B. 
Manufactured homes shall meet all requirements of this chapter and other ordinances of Hampton relative to single-family dwellings in the same zone district.
C. 
Manufactured homes shall be supported upon either a peripheral masonry or concrete foundation wall on a reinforced concrete footer carried to a depth of at least three feet below finished grade; or masonry foundations piers built on concrete footers, the bottom of which shall be set at least three feet below finished grade.
D. 
Manufactured homes shall be securely held to the foundation by tie-downs which may be cast in place of concrete "dead men," eyelets imbedded in concrete screw augers or arrowhead anchors placed at least at each corner of the manufactured home, each device being rated to sustain a minimum load of 4,300 pounds.
E. 
The space between the floor of a manufactured home set on piers and the ground below shall be enclosed by a continuous metal skirting to match the exterior material of the manufactured home and such space shall be ventilated.
F. 
Manufactured homes shall be placed on required foundations and skirted within 30 days of arrival on the lot.
G. 
No manufactured home shall be occupied until it has received an occupancy permit from the Zoning Officer, after connection to sewage disposal, water supply, and electrical systems. Any manufactured home brought into the Township after June 30, 1987, shall be certified as meeting the requirements of the National Manufactured Housing Construction and Safety Standards Act. No manufactured home shall be removed from the Township until all current and back municipal and school district taxes have been paid in full. The property occupied by the manufactured homes may be liened for the unpaid taxes whether or not such property is owned by the occupants of the manufactured home.
H. 
Any enclosed additions added later to a manufactured home, or not part of the original construction, shall match the materials and colors of the original.
I. 
No manufactured home lacking toilet and washing facilities or cooking and food storage facilities shall be permitted, nor shall any self-propelled vehicles used as living accommodations, or travel trailers designed for temporary occupancy, be permitted for residential purposes for a period exceeding 30 days per calendar year. Such manufactured home or vehicle shall not be placed in any yard area.

§ 310-75 Special events as an accessory use; temporary construction or storage structures or devices.

A. 
Special events. On any lot, a landowner and/or developer proposing to conduct a temporary use or event using space outside of principal building structures shall be required to submit a special event application. Special events may include, but are not limited to, seasonal or holiday plant sales, "car cruises" or "car shows," food truck events, or sidewalk/parking lot displays and sales, and shall also include any other special or temporary event that has the potential to create an increase in traffic, parking, congestion and/or noise than that is typically caused by the principal use of the lot.
[Amended 9-27-2017 by Ord. No. 797]
(1) 
The special event application shall be:
(a) 
Submitted to the Township Zoning Officer; and
(b) 
Submitted to the Township Zoning Officer at least 10 days prior to the proposed special event. (Any special event that constitutes an "outdoor amusement" shall also be required to apply for and obtain an outdoor amusement license at least 60 days prior to the proposed special event as provided in Chapter 98, Amusements, Article II, License Required for Outdoor Amusements.)
(2) 
The special event, at a minimum, shall:
(a) 
Be conducted on the same lot on which the principal use occurs.
(b) 
Be directly related to the services and/or products of the principal use, and shall be a use generally permitted in the zoning district in which the special event is located, except for special events sponsored and conducted by local schools, religious, civic groups or other local not-for-profit organizations in order to raise funds for charitable, benevolent or other not-for-profit purposes.
(3) 
The special event, and all associated temporary tents or other structures, shall not compromise the minimum number of required parking spaces for the principal use; shall not obstruct or otherwise interfere with the unfettered ingress/egress to and from the property; shall not be conducted in any public rights-of-way; shall be located in conformance with all applicable yard and setback requirements for the lot; and shall not be located or conducted in any area of the property or in such manner as to have a potential to distract or cause any hazard to the public or to vehicular traffic on the property or on adjacent roads.
(4) 
All temporary structures associated with any special event shall comply with all applicable building code requirements, and all such temporary structures shall be removed and the property restored prior to expiration of the special event permit.
(5) 
Applicant shall be required to obtain a permit for any temporary signs associated with the special event, which shall be in accordance with Article XIV or as otherwise approved by the Zoning Officer.
(6) 
Unless otherwise approved by Township Council, no special event permit shall be issued for a duration in excess of 14 consecutive days, nor may the cumulative number of special event permits issued for a lot exceed 14 days within any ninety-day period, except that a special event permit may be issued to conduct seasonal holiday tree, wreath or other plant sales commencing no earlier than 30 days prior to and concluding on the day of the holiday.
B. 
Temporary exterior structures, dumpsters, and other storage devices: In conjunction with the issuance of a demolition or building permit, or where other conditions or circumstances require the use of a temporary exterior storage pod, structure, dumpster, or other similar device, the property owner shall apply for, and receive from, the Zoning Officer a temporary use permit prior to placing any such structure or device on the property for any period in excess of seven consecutive days, subject to the following:
(1) 
A temporary use permit may be issued for a maximum period of 45 days unless extended for an additional period of no longer than 45 days upon written request submitted to the Zoning Officer prior to expiration of the original permit, which the Zoning Officer may approve where warranted by good cause of a necessitous and compelling reason.
(2) 
The Zoning Officer may require that all such structures, dumpsters, or storage devices be placed in the rear yard or behind the front building line and within all applicable yard setback requirements applicable to accessory structures, unless placement in such location is not possible or feasible, and unless placement in another location is specifically approved by the Zoning Officer. Nor shall any such structure, dumpster, or storage device be placed on the public street or within the street right-of-way without the express approval of the Zoning Officer and Police Department.
C. 
Accessory structures.
[Amended 5-24-2017 by Ord. No. 796; 9-27-2017 by Ord. No. 797; 7-28-2021 by Ord. No. 843]
(1) 
Floor area ratio (FAR). Cumulative limit of 100% of main floor square footage of the principle dwelling(s) unit for RA and RB and a 50% FAR for RC and RD (not to exceed 900 square feet). CA and CB or RA and RB with a minimum of five acres shall be 150% of FAR.
(2) 
Accessory structures shall be no more than 30% of the required rear yard of a lot. Definition: "required rear yard" is the full width of the lot between the rear property line and the rear line of the principle dwelling(s) projected to the side property lines of the lot.
(3) 
Any accessory structure exceeding 120 square feet, and greater than 12 feet in overall height, shall meet the setback requirement for the primary structure.
(a) 
Exceptions:
[1] 
Structures to be located in residential and conservation zoning districts over 120 square feet but equal to or less than 12 feet in height and having no linear (length) dimension exceeding 14 feet may meet setback requirement for accessory structures less than 120 square feet.
[2] 
Open structures which are not secured to permanent footings, and without a roof, such as open play equipment, open gazebos, arbors and trellises, fountains and bird baths, sculpture or other artworks do not require a permit if located outside of an easement or right-of-way.
(4) 
Accessory structures for nonresidential properties may require a formal site plan submittal. [See § 310-63A(2) of this chapter or Chapter 280, Subdivision and Land Development.]
(5) 
Accessory structure's wall and roof covering materials shall generally match the primary structure in type and color.
(6) 
All structures for farm animals, commercial kennels or conditional use allowable shelters shall not be located within 100 feet of any property line.
(7) 
Accessory structures shall not be located within the allowable front yard setback area, and no accessory structure shall be located in front of the leading edge of the primary structure.

§ 310-75.1 Beekeeping as accessory residential use.

A. 
Beekeeping as an accessory residential or educational use. When authorized under Article VIII of this chapter, the keeping of bees for personal use (as a hobby), or as part of a sanctioned educational program conducted at an accredited school or municipal facility ("beekeeping") shall be allowed as a residential or educational accessory use incidental to a permitted principal residential, educational or municipal facilitates use, subject to the following:
(1) 
Beekeeping as an accessory residential or educational use shall be permitted only pursuant to a duly issued Township Zoning Permit and subject to the rules and procedures as provided in this § 310-75.1.
(2) 
Commercial use prohibited. Beekeeping shall be permitted for personal or educational use only. The keeping of bees as part of any home-based business or for other any commercial purposes, including but not limited to the selling of bees or bee products, is prohibited. (This section is not intended to apply to or otherwise regulate commercial beekeeping or commercial apiary operations in zoning districts that are currently classified for agricultural use by an ASA designation or otherwise classified as a lawful agricultural use under this chapter.)
B. 
Registration and permits.
(1) 
No beekeeper may own or maintain an apiary within the Township or obtain a Township zoning permit for same without having first registered each proposed apiary location with the Pennsylvania Department of Agriculture, Bureau of Plant Industry ("Department") as required by the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as amended, and maintaining such Department registration in good standing at all times thereafter.
(2) 
No beekeeper may own or maintain an apiary within the Township or obtain a Township zoning permit for same without having first provided to the Township written proof that the applicant has executed the most current "Pennsylvania Apiary Advisory Board Voluntary Best Management Practices for Maintaining European Honey Bee Colonies in the Commonwealth of Pennsylvania" agreement or such other best management practices protocol as may be approved by the Pennsylvania Department of Agriculture, Bureau of Plant Industry, from time to time ("BMP agreement"), and that the applicant has fulfilled all other then-applicable certifications and requirements under the Bee Law and regulations promulgated thereunder.
(3) 
No beekeeper may own or maintain an apiary within the Township without first obtaining a zoning permit from the Township Zoning Officer. An application for a Township zoning permit shall be made in writing and upon such form or in such format as established by the Township, and shall be accompanied by such permit fee, if any, as may be established from time to time by resolution of Township Council. The application shall be accompanied by a plot plan that includes the size of the lot, the location and number of hives, the location of each water source, the distance of the hives from the property lines, and, if required, the location of any flyway barriers. The application shall also be accompanied by written evidence that the applicant has completed a certified beekeeping educational program, and that the applicant has duly registered its proposed location with the Department, has executed a then-current BMP agreement, and has fulfilled all other then-applicable certifications and requirements under the Bee Law and regulations promulgated thereunder.
(4) 
The issuance and maintenance in good standing of a Township zoning permit shall be conditioned upon and subject to compliance with all Township rules regarding the location and maintenance of beekeeping facilities, as provided herein, with all other Township ordinances, and with all then applicable Department registrations, certifications, rules and regulations.
(5) 
A beekeeper owning or maintaining an apiary in the Township pursuant to a Township zoning permit issued hereunder shall promptly notify the Township Zoning Officer and cease beekeeping activities immediately (i.e., without unnecessary delay, and in no event longer than 48 hours), if said beekeeper's Department registration terminates or lapses, or if the Department of the Township Zoning Officer determines that beekeeper is conducting beekeeping in violation of its current BMP agreement, in violation of any other requirement arising under the Bee Law, or in violation of this chapter of any other Township ordinance. In such event, any Township beekeeper zoning permit issued hereunder shall be automatically suspended and shall not be reinstated unless and until beekeeper submits proof that its Department registration has been restored and beekeeper can demonstrate to the satisfaction of the Township that it is able to resume and conduct beekeeping activities in compliance with all requirements of the applicable Township requirements as provided herein.
(6) 
Nonproperty owners that wish to own or maintain an apiary on property that the nonproperty owner is renting must include written permission from the property owner or landlord that expressly grants permission to the nonproperty owner applicant to maintain an apiary on the subject property. Such written permission shall be provided to the Township as part of each beekeeping zoning permit application.
C. 
Rules regarding the location and maintenance of beekeeping facilities. In addition to adhering to the terms of its BMP agreement, and any other applicable Department registrations, certifications, or requirements arising under the Bee Law, all beekeepers shall at all times comply with the following Township rules regarding the location and maintenance of beekeeping facilities. In the event of a conflict or inconsistency between the BMP agreement or other Department requirements and the Township ordinance requirements, the Township requirements shall prevail:
(1) 
Hive type. No beekeeper shall keep or maintain bees in any hive other than a modern movable frame hive which permits thorough examination of every comb to determine the presence of bee disease.
(2) 
Maximum number of colonies. For a property with a minimum of 20,000 square feet of lot area, a beekeeper is permitted to maintain not more than four hives. For each additional 10,000 square feet of lot area, the beekeeper is permitted one additional hive. Notwithstanding the foregoing, provided that all hives are situated at least 200 feet in any direction from all property lines of the lot on which the apiary is situated, or provided that all adjoining property that falls within a two-hundred-foot radius of any hive is undeveloped property, or in areas zoned agricultural, or if the hives are being used for crop pollination, there will be no per se limit on the number of hives on one's property.
(3) 
Location of hives. Beekeeping facilities shall meet the primary structure setback requirement from any lot line.
(4) 
Location of beekeeping facilities. Beekeeping facilities shall not be located within 50 feet of a swimming pool or permanently kenneled animal at the time of initial establishment.
(5) 
Except for property in the CA or CB Zoning District with a minimum lot area of at least five acres, beekeeping facilities are prohibited from and shall not be located in the front yard of any property as defined by the Zoning Ordinance.
(6) 
Hive orientation and flyaway barriers. Hive entrances shall face away from neighboring property and in such a direction that bees fly across the beekeeper's property at sufficient distance to gain a height of at least six feet at the property line. The use of barriers may be employed to redirect the bees' flight pathway and establish bee flight pathways above six feet. Should the flight path not be able to be obtained as described above, then a flyway barrier, at least four feet in height, shall be placed along the side of the hive(s) that contain the entrance to the hive(s), shall be located within five feet of the hive(s), and shall extend at least two feet on either side of the hive(s). A flyway barrier shall consist of a fence, vegetation, hedge, or combination thereof, that provides for suitable flight path of bees as described above. No flyway barrier is required for hive(s) that are located on porches or balconies at least 10 feet above grade.
(7) 
Beekeeping facilities shall erect signs as necessary, but no larger than one foot by one foot, to warn persons of the presence of bees.
(8) 
All hive areas shall, at a minimum, be surrounded by a three-foot-high fence to prevent unauthorized access.
(9) 
Water. From April 1 through November 1 of each year, all beekeepers in the Township shall ensure that a convenient source of fresh water is available to the bees which is located closer to the apiary than any other water source.
(10) 
Maintenance. All beekeepers shall ensure that no bee comb or other materials are left upon the ground of the apiary site. Upon removal from the apiary, all such material shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
(11) 
Best management practices. All beekeepers owning or maintaining an apiary in the Township shall practice such best management practices as adopted or recommended by the Department. (In the event of a conflict or inconsistency between the BMP agreement or other Department requirements, and any more strict Township ordinance requirements, the Township requirements shall prevail.)
(12) 
Nuisances prohibited. It shall be unlawful for any beekeeper to keep any hive in such a manner as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life, or interfere with the normal use and enjoyment of the properties surrounding the beekeeper's property. By way of example and not limitation, the following activities are hereby declared to be a public nuisance and are, therefore, unlawful:
(a) 
Multiple bees stinging, attacking, or otherwise molesting others, including pedestrians, bicyclists, motor vehicle passengers, or domestic animals;
(b) 
The keeping of bees not in compliance with these Zoning provisions;
(c) 
The keeping of bees which interferes with the freedom of movement of persons in a public right-of-way;
(d) 
The keeping of overcrowded, bee diseased, or abandoned hives;
(e) 
Beekeeping facilities shall be managed in such a manner as to minimize the potential occurrence of bees entering streets, sidewalks, or unauthorized properties; and
(f) 
Beekeeping facilities shall at all times be in compliance with all applicable laws and regulations.

§ 310-75.2 Domestic chicken keeping.

[Added 7-28-2021 by Ord. No. 843]
Where authorized as an accessory use under Article VIII:
A. 
A permit is required from Hampton Township.
(1) 
The permit should cost at least $50 to cover the costs of processing/reviewing the application and performing the final inspection. The Township reserves the right to inspect the property on a yearly basis following permit approval.
(2) 
A survey must be submitted that depicts the fenced in area, chicken coop, feed storage area, and dropping storage.
B. 
Keeping chickens should be listed as an accessory use in the Residential A (RA), Residential B (RB), Conservation A (CA), and Conservation B (CB) zoning districts only.
(1) 
Additionally, the use should be restricted to single-family lots (not permitted for townhouses, duplexes, multifamily dwellings, or apartments).
(2) 
Residents who live in an HOA must obtain approval from their HOA.
(3) 
Lots must be a minimum of 20,000 square feet.
C. 
The keeping of chickens should only be for personal use. The selling of chickens, eggs, manure, roosters or anything else related to this use is prohibited. Also prohibited is the butchering of birds on-site.
D. 
For properties up to one acre, a maximum of five chickens are permitted. For properties over one acre, a maximum of 10 chickens are permitted. Male chickens over the age of six months (i.e., roosters) are not permitted.
E. 
Chickens must be kept within an enclosed, fenced-in area and must have a shelter structure (i.e., coop).
(1) 
The required fence must be set back at least 25 feet from all property lines and must be located in a rear yard (for corner lots only, coops may be in the side yard).
(2) 
The required coop must be set back at least 40 feet from all property lines or dwellings on adjacent properties and must be within the fenced-in area.
(a) 
Combined fence/coop structures are permissible but must meet the fifty-foot setback from all properties lines or dwellings and may only be located in the rear yard (or, for corner lots only, in the side yard).
(3) 
Any chicken coop must be six square feet in size, with an additional two square feet required for each chicken over five.
(4) 
Chicken coops must be covered, predator-proof, thoroughly ventilated and of sufficient size for the chickens to be able to move freely. Coops must be enclosed on all sides and have doors and openings covered in material to prevent vermin and predators from entering.
(5) 
No scrap or mismatched materials can be used to construct coops. Coops must be painted or stained a color that is "in harmony" with the surrounding area.
(6) 
Coops must be maintained and sanitized to prevent vermin and obnoxious odors.
(7) 
Feed and droppings must be stored in secured, rodent-proof containers or within an enclosed structure. Droppings stored outside in a secured container must be at least 40 feet from all property lines or dwellings.
(8) 
Any vacant coops must be removed within one year.
F. 
Renters must supply written permission from the property owner or landlord when applying for a chicken permit.
G. 
Residents are responsible for preventing excessive noise, offensive odors or unsanitary conditions that disturb neighbors or threaten public health. The keeping of chickens and storage of any associated waste or feed may not create conditions harmful to the public health or which create safety hazards, odors, unsightliness, or public nuisances.

§ 310-75.3 Wireless communications facilities.

[Added 9-28-2022 by Ord. No. 851]
Where authorized as an accessory use under Article VIII:
A. 
Purpose. The purpose of these provisions is to establish standards for the permitting, siting, design, construction, maintenance, and operation of wireless communications facilities in Hampton 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. By enacting this section, the Township intends to:
(1) 
Provide for the managed development of wireless communications facilities in a manner that allows for 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.
(2) 
Establish procedures for the permitting, design, siting, construction, maintenance, operation and removal of wireless communications facilities in the Township, including wireless communications facilities both inside and outside the public rights-of-way.
(3) 
Address new wireless technologies, including but not limited to, small cells, distributed antenna systems, data collection units, and other wireless communications facilities.
(4) 
Encourage applicants to co-locate their wireless communications facilities on existing wireless support structures and other tall structures.
(5) 
Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers.
(6) 
Promote the health, safety and welfare of the Township's resident.
(7) 
Address recent changes in federal and state law governing local regulations of wireless communications facilities.
B. 
General requirements for all wireless communications facilities. The following regulations shall apply to all wireless communications facilities located within the Township:
(1) 
Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone and/or internet connections at their respective residences shall be exempt from the requirements of this Section 310-75.2.
(2) 
Standard of care.
(a) 
All WCFs 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 damage any property in the Township.
(b) 
If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for revocation of the applicable permits and removal of the WCF at the owner's expense.
(3) 
Engineer inspection. Any information of an engineering nature that is submitted by the WCF applicant, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(4) 
Eligible facilities requests. WCF applicants proposing a modification to an existing WCF that constitutes an eligible facilities request shall be required only to obtain a building permit from the Township Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township Zoning Officer in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100. The permit application shall clearly detail all dimensional changes being made to the WCF and wireless support structure.
(5) 
Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
(6) 
Aviation safety. WCFs shall comply with all applicable federal and state laws and regulations concerning aviation safety.
(7) 
Public safety communications. No WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(8) 
Signs. All WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.
(9) 
Radio frequency emissions. No 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 WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.
(10) 
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only as permitted by the Township.
(11) 
Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any WCF.
(12) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF.
(13) 
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 a co-located WCF or tower-based WCF at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(14) 
Abandonment; removal. In the event that use of a WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. A WCF not operated for a period of six months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
(a) 
All abandoned or unused WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Township, unless a time extension is approved by the Township.
(b) 
If the WCF or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or accessory equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.
(c) 
Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of six months.
(15) 
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(a) 
The 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.
(16) 
Inspection. The Township and/or its third-party inspection company reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law.
(17) 
Duration of permit. A permit for a WCF shall have a term of five years. Such permit shall be renewed for an additional five-year term if the WCF applicant is in compliance with the criteria set forth in this Section 310-75.2 and the WCF applicant has obtained all necessary consent from the owner of the property upon which the WCF is located. The WCF applicant shall submit proof of such compliance with all requirements of this Section 310-75.2 prior to the expiration of any five-year term.
(18) 
Timing of approval. The following table details the applicable time frame of approval for each type of WCF application:
Type of WCF/Application
Notice of Incompleteness
Final Decision
Co-located WCF
30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices
90 calendar days
Eligible facilities request
30 calendar days from receipt of application; 10 calendar days from receipt of supplemental application for subsequent notices
60 calendar days
Small WCF (Co-located)
10 business days from receipt of initial or supplemental application
60 calendar days
Small WCF (new or replacement wireless support structure
10 business days from receipt of initial or supplemental application
90 calendar days
Tower-based WCF
30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices
150 calendar days
C. 
Specific requirements for co-located wireless communications facilities. The following regulations shall apply to co-located WCFs that do not meet the definition of a small WCF:
(1) 
Location requirements. Co-located WCFs shall be permitted outside the public rights-of-way in all zoning districts as a permitted use.
(2) 
Application requirements. Applications for co-located WCFs shall include the following:
(a) 
The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.
(b) 
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the co-located WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.
(c) 
Detailed construction and elevation drawings indicating how the co-located WCF will be mounted on the building or structure.
(d) 
The manufacturer and model, proposed location, and physical dimensions of each piece of equipment proposed as part of the co-located WCF.
(e) 
An aerial photograph of the proposed site showing the area within 500 feet of the co-located WCF. The aerial photograph shall identify all structures within such radius.
(f) 
Photo simulations depicting the co-located WCF from at least two locations near the proposed site. The photo simulations should clearly reflect the proposed design and location of all equipment associated with the co-located WCF.
(g) 
Evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and the loads associated with the location of the proposed co-located WCF.
(h) 
A report by a qualified engineering expert which shows that the co-located WCF will comply with applicable FCC regulations, including applicable standards for radio frequency emissions.
(i) 
Evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is to be mounted so that installation and maintenance of the co-located WCF building can be accomplished.
(j) 
All application fees required by the Township as detailed in the Township fee schedule.
(3) 
Development regulations.
(a) 
Co-located WCFs shall not be located on single-family detached residences or single-family attached residences. Co-located WCFs greater than 10 feet in height shall be prohibited on residential accessory structures.
(b) 
The total height of any support structure and co-located WCF shall not exceed the maximum height permitted in the underlying zoning district, unless the WCF applicant obtains a variance.
(c) 
In residential districts, the height of a co-located WCF shall not exceed 20 feet and shall not be located closer than 25 feet to any property line.
(d) 
No co-located WCF shall be located within 250 feet of an existing dwelling in a residential district, i.e., RA, RB, RC, and RD Zoning Districts, with the exception of amateur radio antennas, or 500 feet of an existing school, hospital, or similar use, measured from the WCF to the nearest property line of such uses.
(e) 
If the WCF Applicant proposes to locate the accessory equipment in a ground-mounted communications equipment building, the communications equipment building shall comply with the requirements for the applicable underlying zoning district.
(f) 
A security fence with a minimum height of eight feet shall surround any separate ground-mounted 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.
(g) 
Co-located 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.
(4) 
Removal, replacement, modification. The removal and replacement of co-located WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the dimensions of the underlying support structure. Any modification that constitutes a substantial change to a WCF shall require a prior amendment to the original permit or authorization.
(5) 
Historic buildings. No co-located WCF may be located on a property that is listed on the National or Pennsylvania Registers of Historic Places.
D. 
Specific requirements for tower-based wireless communications facilities outside the rights-of-way. The following regulations shall apply to all tower-based wireless communications facilities located outside the rights-of-way that do not meet the definition of a small WCF:
(1) 
Location. Tower-based WCFs may be located outside the rights-of-way as a conditional use in the following zoning districts, subject to the requirements of this Section 310-75.2:
(a) 
CA Conservation A District.
(b) 
CB Conservation B District.
(c) 
HC Highway Commercial District.
(d) 
HI Heavy Industrial District.
(e) 
LI Light Industrial District.
(f) 
ORD Office Research and Development District.
(g) 
PRD Planned Residential District.
(h) 
RC Residential C District.
(i) 
RD Residential D District.
(2) 
Application requirements. An application for a tower-based WCF shall include, at minimum, the following:
(a) 
The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed tower-based WCF.
(b) 
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the co-located WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.
(c) 
A site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
(d) 
The conditional use application shall include aerial photographs of the area within a 1/4-mile radius of the proposed tower-based WCF and identify all existing WCFs and potential co-location opportunities in that area.
(e) 
Evidence to the reasonable satisfaction of Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such antennas installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.
(f) 
Documentation showing that the owner of the property has granted an easement, if necessary, for the proposed WCF and that vehicular access will be provided to the facility, if the tower-based WCF is proposed for location on a property that is not owned by the WCF applicant.
(g) 
Documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
(h) 
A written commitment that the WCF applicant will allow other service providers to collocate antennas on tower-based WCFs where technically and economically feasible. No additional antennas may be installed on a tower-based WCF without obtaining the prior written approval of the Township.
(i) 
A report by a qualified engineering expert which shows that the Tower-Based WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
(j) 
The conditional use application shall be accompanied by documentation that the proposed tower-based WCF complies with all applicable provisions set forth in the Township Code.
(3) 
Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. Such notice shall be provided a minimum of 10 days in advance of such public hearing. The WCF applicant shall provide proof of the notification to the Township.
(4) 
Third-party property. Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to Council that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
(5) 
Visual appearance. Tower-based WCFs shall employ stealth technology which may include the wireless support structure be painted silver or another color approved by Council, or shall have a galvanized finish. All communications equipment buildings and other accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
(a) 
Township Council shall reserve the right to require that:
[1] 
Wireless support structures be painted to match their surroundings (i.e., painted green up to the treeline); and
[2] 
Accessory equipment be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.
(b) 
In making these determinations, Council shall consider whether its decision will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(6) 
Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Township finds that the antenna and accessory equipment planned for the proposed tower-based WCF cannot be co-located on an existing or approved structure. Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure as set forth in this section. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings and towers within a 1/4-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings and towers, and was denied for one of the following reasons:
(a) 
The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
(b) 
The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure or tower, and the interference cannot be prevented at a reasonable cost.
(c) 
Such existing buildings, structures or towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d) 
A commercially reasonable agreement could not be reached with the owner of such building, structure or tower.
(7) 
Development regulations.
(a) 
Tower-based WCFs shall not be located in, or within 75 feet of, an area in which utilities are underground.
(b) 
Tower-based WCFs shall not be located within 250 feet of an existing dwelling in an RA or RB District.
(c) 
If a tower-based WCF is greater than 150 feet in height, it shall not be located within 2,000 feet of another existing tower-based WCF that is greater than 150 feet in height, such distance being measured from property line to property line.
(d) 
Sole use on a lot. A tower-based WCF shall be permitted only as a sole use on a lot, provided that the underlying lot is a minimum of one acre. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure height.
(8) 
Design regulations.
(a) 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. In addition to the other design requirements enumerated in this section, the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(b) 
To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.
(c) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(d) 
The tower-based WCF shall be equipped with an anticlimbing device, as approved by the manufacturer, if such anticlimbing device is deemed necessary by Township Council.
(9) 
Surrounding environs.
(a) 
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b) 
The WCF applicant shall submit a soil report to the Township complying with the standards of "Appendix I: Geotechnical Investigations, ANSI/TIA-222," as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(10) 
Fence/screen.
(a) 
A security fence with a minimum height of four feet and a maximum height of eight feet and containing only self-latching gates to limit accessibility by the general public, shall completely surround any tower-based WCF located outside the rights-of-way, as well as guy wires, or any communications equipment building.
(b) 
The base of the tower-based WCF shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(11) 
Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF shall first obtain the applicable permit from the Township Department of Community Development, in accordance with the Township's permitting practices.
(12) 
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. The maximum total height of any tower-based WCF shall not exceed the maximum height of the underlying zoning district by more than 25 feet.
(13) 
Accessory equipment.
(a) 
Ground-mounted accessory equipment or communications equipment buildings associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technology.
(b) 
All communications equipment 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.
(14) 
Historic buildings or districts. No tower-based WCF may be located on a property that is listed on the National or Pennsylvania Registers of Historic Places.
(15) 
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Manager.
(16) 
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address and emergency telephone number for the operator of the facility.
(17) 
Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is constructed.
E. 
Specific requirements for small wireless communications facilities. The following regulations shall apply to all small wireless communications facilities:
(1) 
Location requirements.
(a) 
Small WCFs located in the rights-of-way and co-located small WCFs outside the rights-of-way shall be a permitted use in all Township zoning districts, subject to the requirements of this Section 310-75.2 and generally applicable permitting as required by the Township Code.
(b) 
Small WCFs requiring the installation of a new wireless support structure and located outside the rights-of-way shall be a permitted use in the following zoning districts, subject to the requirements of this Section 310-75.2 and generally applicable permitting as required by the Township Code:
[1] 
CA Conservation A District.
[2] 
CB Conservation B District.
[3] 
HC Highway Commercial District.
[4] 
HI Heavy Industrial District.
[5] 
LI Light Industrial District.
[6] 
ORD Office Research and Development District.
[7] 
PRD Planned Residential District.
[8] 
RC Residential C District.
[9] 
RD Residential D District.
(2) 
Application requirements.
(a) 
Applications for small WCFs shall be submitted to the Township Zoning Officer.
(b) 
Applications for small WCFs shall include the following:
[1] 
The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.
[2] 
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the applicant.
[3] 
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
[a] 
If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
[b] 
If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
[4] 
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.
[5] 
An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
[6] 
Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.
[7] 
If the small WCF will be located on a structure owned by a party other than the WCF applicant, evidence showing that the owner of the structure has granted the WCF applicant permission to attach the proposed small WCF.
[8] 
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
[9] 
A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
[10] 
All application fees required by the Township as detailed in the Township fee schedule.
(3) 
Denial; resubmission.
(a) 
If the Township denies an application for a small WCF, the Township shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Township Code on which the denial was based, within five business days of the denial.
(b) 
The WCF applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review.
(4) 
Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under Section 310-75.2B(18) shall be extended by 15 days.
(5) 
Time, place and manner. Once approved, the Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(6) 
Attachment to municipal structures. The Township shall allow the co-location of small WCFs to structures owned by the Township in accordance with the hierarchy detailed in this section. If the WCF applicant is proposing the co-location of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that co-location on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the Township's co-location preferences are as follows:
(a) 
Power poles;
(b) 
Traffic signage poles without traffic signals;
(c) 
Traffic signal poles;
(d) 
Decorative light poles.
(7) 
Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.
(8) 
Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Township.
(9) 
Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Township Department of Community Development.
(10) 
Obsolete equipment. As part of the construction modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.
(11) 
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 small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) 
The operations of the Township or other governmental entity in the right-of-way;
(c) 
Vacation of a street or road or the release of a utility easement; or
(d) 
An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Township.
(12) 
Reimbursement for ROW use. In addition to permit fees as described in this chapter, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including but not limited to the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.