On every corner lot, abutting the intersection of two streets, a triangular area within the lot shall remain clear of any structure, wall, fence, planting or other visual obstruction which might cause danger to traffic by obscuring the view across the lot between the height of 2 feet and 10 feet above the level of the intersecting streets above the outside edge of street pavement; such triangular area shall be bounded by the street center lines and a straight line drawn between points on each street center line at a distance of 75 feet from the intersection of the street center lines.

(Ord. 45, Z-§ 500, 5/12/76)

   1.   Subject to § 27-500, fences, walls and hedges may be permitted in required side and rear yards provided that they are placed at least 1 foot from the property line and that the height shall not exceed 6 feet above the natural grade; fences, walls and hedges are permitted in the required front yard providing they shall not exceed 48 inches in height and that they are placed at least 1 foot from the property line. Upon written permission from the abutting property owner, a fence, wall or hedge may be placed less than 1 foot from the property line or directly on the property line. (Ord. 109)

   2.   In no case shall fences, walls and hedges be located in a street right-of-way or other public right-of-way or easement.

(Ord. 45, Z-§ 501, 5/12/76; as amended by Ord. 109, 9/9/81)

Public swimming pools, including pools for planned residential developments, membership clubs and all other pools not for private residential use as specified by State law, shall be in accordance with the latest standards and the specifications of the Pennsylvania Department of Environmental Protection.

(Ord. 45, Z-§ 502, 5/12/76)

   1.   All private swimming pools less than 4 feet above grade shall be entirely enclosed with a good quality chain link, wire, wooden or other equivalent fence of not less than 4 feet in height.

   2.   All private swimming pools which are 4 feet or more above grade shall have removable stairs.

   3.   If the water for such pool is supplied from a private well, there shall be no cross- connection with the public water supply system.

   4.   If the water for such pool is supplied from the public water supply system, the inlet shall be above the over-flow level of said pool.

   5.   No permit shall be granted for the installation or construction of such swimming pool unless the plans shall meet the minimum construction requirements of the Township and unless the Township Engineer, or a licensed Professional Engineer of the State of Pennsylvania has certified that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.

   6.   No loud speaker or amplifying device shall be permitted which will project sound beyond the bounds of the property or lot where such pool is located.

   7.   No lighting or spot lighting shall be permitted which will shine directly beyond the bounds of the property or lot where such pool is located.

(Ord. 45, Z-§ 503, 5/12/76)

   1.   Definitions. The following words, terms and phrases when used in this Section shall have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning:

   2.   Sound Levels by Receiving Land Use.

      A.   Maximum Permissible Sound Levels by Receiving Land Use. No person shall operate or cause to be operated on public or private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth in the receiving land use category in Table 27-504-1 when measured at or within the real property boundary of the receiving land use. Any noise source that produces sound in excess of those levels shall constitute a noise disturbance.

 

 

      B.   Excessive Neighborhood Residual Sound Levels. In the event that the background sound levels in an area of suspected noise disturbance exceed the levels set forth in Table 27-504-1 above, an intrusive noise source which causes a 10 dB(A) increase in sound level above that background level shall constitute a noise disturbance.

      C.   Correction for Character of Sound. For any source of sound which emits a pure tone or impulsive sound, the maximum sound level limits set forth in subsection (2)(A) shall be reduced 5 dB(A).

   3.   Exceptions, Variances and Extensions. The provisions of this Section shall not apply to:

      A.   Emergencies. The emission of sound for the purpose of alerting persons to the existence of an emergency or from the performance of emergency work.

      B.   Municipal and Utility Services. The emission of sound resulting from the repair or replacement of any municipal or utility installation(s) in or about the public right-of-way.

      C.   Places of Religious Worship. The sounding or permitting the sounding of any stationary bell or chime used in conjunction with places of religious worship.

      D.   Aircraft and Airport Operations. Normal aircraft and airport operations.

      E.   Construction Operation.

         Monday through Friday 6:30 a.m. to 7 p.m.

         Weekends 8 a.m. to 5 p.m.

         New Year’s Day, Easter, Memorial Day, Thanksgiving, Christmas Day only by permission from Township upon demonstration of special need.

   4.   Sound Barrier Mitigation Measures. Any absorptive sound mitigation barrier constructed to satisfy the requirements of this or any other ordinance of the Township shall be subject to the following requirements:

      A.   Such sound barriers shall be designed by a qualified expert acoustic professional in accordance with methods included in the guidelines of the Environmental Protection Agency, Federal Highway Administration, American Association of State Highway and Transportation Officials, and American Society of Heating Refrigerating and Air-Conditioning Engi neers, following a sound study of the area.

      B.   Prior to design, applicant shall conduct a preliminary sound study.

      C.   The Township Council shall approve the scope of the preliminary sound study before the same is undertaken, the method and type of mitigation measure design prior to sound barrier design, and the final sound barrier mitigation design.

      D.   The mitigation design shall take into account all factors of sound propaga tion including but not limited to direct, line-of-sight, flanking, ground type, and reflection.

      E.   A post sound barrier mitigation measure construction sound study will be performed by the property owner immediately after occupancy to ensure that the sound barrier mitigation measure is performing the desired sound mitigation.

      F.   For any such sound barrier constructed as part of a project requiring approval under Chapter 22 hereof, the Subdivision and Land Development Ordinance, reviews and approvals required by this Section shall be processed as part of the land development approval application.

      G.   Every effort will be made to minimize any increases in project generated sound levels below the permissible sound levels. The project proponent shall include all reasonable sound mitigation measures. The Township Council shall approval all mitigation measures.

The emission of smoke, dust, dirt, fly ash, fumes, vapors, gases or odors shall be controlled by the Pennsylvania Air Pollution Control Act, enacted January 8, 1960 and as amended.

(Ord. 45, Z-§ 505, 5/12/76)

   1.   Highly flammable or explosive liquids, solids, or gases shall be stored under ground provided such storage is otherwise permitted, except as provided below:

(Ord. 367)

      A.   Liquefied petroleum such as propane which is kept by a landowner or tenant for the landowner’s private, commercial or industrial purposes may be stored above ground in containers not greater than permitted by State regulation and with no tank to be closer to any other such storage container than permitted by State regulation. (Ord. 558)

      B.   Aviation fuel in an A.I. Zone may be stored above ground in containers not greater than 50,000 gallons. (Ord. 318)

      C.   This Subsection (1) does not apply to portable containers kept for use on the premises. (Ord. 367)

   2.   No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.

   3.   All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

(Ord. 45, Z-§ 506, 5/12/76; as amended by Ord. 318, 6/21/1995, § 2; by Ord. 367, 2/18/1998, § 2; and by Ord. 558, 4/16/2014)

No use shall carry on an operation that will produce heat or glare perceptible beyond the property line of the lot on which the operation is situated.

(Ord. 45, Z-§ 507, 5/12/76)

Machines or operations which cause vibration shall be permitted, but in no case shall any such vibration be perceptible along the lot lines of any use without the aid of instruments.

(Ord. 45, Z-§ 508, 5/12/76)

Activities which may emit dangerous radioactivity beyond enclosed areas shall comply with the codes of the Pennsylvania Department of Environmental Protection Division of Radiology. No electrical disturbances (except from domestic household appliances) shall be permitted to affect adversely, at any point, any equipment, other than that of the creator of such disturbance.

(Ord. 45, Z-§ 509, 5/12/76)

Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, or if visible from abutting residential properties, shall be concealed by evergreen planting.

(Ord. 45, Z-§ 510, 5/12/76)

All methods of sewage and waste treatment and disposal shall be approved by the Pennsylvania Department of Environmental Protection, the Township Sewage Officer and the engineering division of the sewer district receiving the effluent and must be in accordance with all applicable regulations pertaining to treatment and disposal of sewage.

(Ord. 45, Z-§ 511, 5/12/76)

Fifty foot buffer yards are required in the PIO, PC, AI and PUD Districts adjacent to the PR, MR and LU Districts and 600 foot buffer yards are required for warehouses or warehousing activities in a PUD District adjacent to the PR or MR Districts. Buffer yards shall comply with the following standards:

      A.   The buffer yard shall be measured from the district boundary line or from the near street line where a street serves as the district boundary line.

      B.   The buffer yard shall be required in the PIO, PC, AI and PUD Districts along the district boundaries between the district and all residential district boundary lines in adjoining municipalities, except where residential uses in a PUD District abut residential uses in an adjoining municipality.

      C.   The buffer yard may be coterminous with required side, or rear yards and in case of conflict, the larger yard requirements shall apply.

      D.   In all buffer yards, the exterior width beyond the fence or planting screen shall be planted with grass seed, sod or ground cover and shall be maintained and kept clean of all debris, rubbish, weeds and grass.

      E.   No structure, manufacturing or processing activity, materials or vehicular parking shall be permitted in the buffer yards.

      F.   All buffer yards shall include buffer strip(s) consisting of a fence and a dense screen planting of trees, shrubs or other plant materials, or both, to the full length of the lot line to serve as a barrier to visibility, air borne particles, glare and noise. Such screen planting shall be in accordance with the following requirements:

      (1)   Plant materials used in the screen planting shall at least consist of such evergreen species and size as will produce, within 3 years, a complete, year round, visual screen of at least 6 feet in height.

      (2)   The fence shall be not less than 6 feet in height and shall be placed no closer than 30 feet from any street or property line unless by special exception.

      (3)   The screen planting shall be maintained permanently and any plant material which does not survive shall be replaced within one year.

      (4)   The screen planting shall be within the 30 feet between the fence and the property line and so placed that at maturity, it will be not closer than 3 feet from any street or property line.

      (5)   Screen planting and fencing shall be located only in accordance with § 27-500, Traffic Visibility at Corners.

      (6)   The screen planting and fence shall be broken only at points of vehicular or pedestrian access.

In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, along Arterial Highways as designated in the Township Comprehensive Plan, the following special provisions shall apply:

      A.   All areas for off-street parking, off-street loading and unloading and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting strip, wall, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out on the street and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent back-up or vehicles on a public street while awaiting entry to the lot.

      B.   Each use with less than 100 feet of frontage on a public street shall have not more than one accessway to each such street and no business or other use with 100 feet or more of frontage on a public street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access to a major street.

      C.   In the case of a shopping center, group of multiple-family dwellings or similar grouping or buildings on a lot and in any other case where practicable:

      (1)   All buildings shall front upon a marginal street, service road, common parking lot or similar area and not directly upon a public street.

      (2)   All points of vehicular access to and from a public street shall be located not less than 200 feet from the intersection of any public street lines provided that such a point of vehicular access, which in effect, converts a "T" intersection into an intersection of two streets which cross another, shall be permitted.

      (3)   Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the center, or other unified development, without undue congestion to, or interference with normal traffic flow within the Township and;

      (4)   All streets and accessways shall conform to the specifications determined by the Township Engineer and the requirements of the Township Subdivision Regulations. Provision shall be made for adequate signalization, turn, standby and deceleration lanes and similar facilities where desirable.

      D.   All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the Township.

(Ord. 45, Z-§ 513, 5/12/76)

   1.   Purpose.

      A.   To regulate development in areas of Hanover Township in which alluvial soils adjacent to streams and in major surface water drainage areas are known to possess characteristics indicative of flooding and/or chronic wetness which, if indiscriminately developed, could pose hazards to the public health, safety and welfare due to flooding and pollution and to regulate development in areas of known flooding in the community.

      B.   To reduce the financial burden imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflows on lands.

      C.   lb permit certain uses which can be appropriately located in such areas and which will not impede the flow of flood waters, or otherwise cause danger to life and property at, above or below their locations along the flooding.

      D.   To provide sufficient drainage courses to carry abnormal flows of storm water in periods of heavy precipitation.

      E.   To permit and encourage the retention of open land uses which will be so located and designed as to constitute an appropriate part of the physical development of Hanover Township as provided for in the Comprehensive Plan.

   2.   Alluvial soil area and major drainage swale areas shall be designated as follows:

      A.   Areas designated as "alluvial soils" on the Official Zoning Map are based on the soil map prepared by the Soil Conservation Service, U.S. Department of Agriculture and published in the Lehigh County Soil Survey, 1963. These areas contain soil types identified by the Lehigh County Soil Survey as alluvial soils which are water deposited soils and represent areas most often inundated by flood waters.

      B.   The areas delineated as "alluvial soils" on the Official Zoning Map shall be used only to determine where the provisions of § 27-514(3) apply. These delineated areas shall not be considered as exact delineations for purposes of applying specific regulations of § 27-514(3)(A)(2).

   3.   Regulations and Procedures for Areas Designated As Alluvial Soils and Swale Drainage Areas.

      A.   Proposed use of alluvial soil and major Official Zoning Map shall be reviewed and approved in accordance with the following procedures and regulations:

         (1)   All plans for uses requiring or involving structures and facilities which will be located in or within a distance of 50 feet from areas designated on the Official Zoning Map and all plans for the development of recreational or utility uses within or adjacent to those areas shall be subject to a detailed, on-site soil and drainage survey to determine the exact extent and nature of areas susceptible to potential problems of flooding, wetness or pollution in such areas, the Zoning Officer shall require that a detailed on-site survey be made by a qualified engineer or soil scientist in accordance with accepted professional survey techniques.

         (2)   On any site or portion of a site which is found, based upon detailed investigation pursuant to the provisions of the approval procedure as indicated above, to contain potential hazards due to flooding, chronic wetness, or pollution, the use regulations of the District in which the site is located shall apply except that the following uses shall be prohibited: all permanent residential dwellings and permanent commercial or industrial buildings and their accessory buildings; the filling of marshlands, removal of topsoil or damming or relocation of any watercourse except with the approval of the Commonwealth of Pennsylvania Department of Environmental Protection; and sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or materials, including manure.

(Ord. 45, Z-§ 514, 5/12/76)

Highway Safety Shelters may be erected and maintained for the convenience and safety of school children and resident commuters in any zoning district of Hanover Township on the following terms and conditions.

      A.   Highway Safety Shelters erected for the convenience of resident commuters and/or school children shall be erected only at locations approved by the Township Council of Hanover Township, upon Planning Commission recommendation.

      B.   Highway Safety Shelters erected between intersections shall be located at least one foot back from the legal right-of-way line of the street on which the shelter fronts. Highway Safety Shelters erected on street intersection properties shall comply with § 27-500 of this Chapter.

      C.   Highway Safety Shelters may bear advertising displays not exceeding 20 square feet on each side of the shelter, without any advertisement permitted on the rear wall or appurtenant thereto, provided, however, that advertisement of intoxicating beverages or tobacco products shall not be displayed on any shelter.

      D.   The owner of each Highway Safety Shelter shall cause the same to be covered by liability insurance issued by a reputable insurance company insuring the owner of the shelter, the owner of the land on which the shelter is erected and Hanover Township against any and all liability for personal injury, death or property damage. The limits of coverage for such insurance policies shall be $250,000 to $300,000 for each occurrence. Hanover Township shall be furnished a certificate by the company issuing such a policy certifying that such policy has been purchased, that it is in full force and effect and that the same may not be cancelled without Hanover Township first being given 10 days notice of the intention to cancel said policy.

      E.   No Highway Safety Shelter shall be erected until the Zoning Officer shall have issued the permit authorizing such erection. Application for such permit shall be made to the Zoning Officer on a form prescribed for him which application form shall be accompanied by: (a) a copy of a written Lease signed by the owners of the ground on which the shelter is to be erected authorizing such erection; (b) a picture or diagram of the proposed shelter indicating the dimensions thereof; (c) a plot plan showing the location of the proposed shelter on the property and indicating the setback of said shelter from the street on which it fronts and from the side street; in the case of shelters erected for the convenience of school children, a certification from the proper school district officials certifying that the proposed location is an official school bus stop.

      F.   The Zoning Officer of Hanover Township may order the removal of any shelter which (a) is not properly maintained and kept in repair; (b) is erected or maintained contrary to the terms of this Chapter; (c) is no longer covered by insurance as herein required; and (d) when the location at which the shelter is situated has ceased to be an officially designated bus stop for a period of at least 1 year. In the event that such removal is ordered, the shelter shall be removed and the premises restored to its original condition within 30 days of said order of removal.

(Ord. 45, Z-§ 515, 5/12/76)

Any non-residential use of property in a PUB, PIO, or PC District shall be screened in accordance with the requirements of § 27-512(6) of this Chapter from any existing adjacent residential use.

(Ord. 45, Z-§ 516, 5/12/76; as amended by Ord. 76, 6/13/79)

No storm water detention or retention pond or part of such pond shall be permitted in a residential zone other than a pond designed primarily for the purpose of controlling storm water orginating in the residential zone in which the pond is located.

(Ord. 45, Z-§ 517, 5/12/76; as amended by Ord. 78, 12/12/79)

Notwithstanding any other provisions of this Chapter, no use may be made of land or water within any zone established by this Chapter in such a manner as to attract birds which would create hazards interfering with the landing, take-off or maneuvering of aircraft intending to use the Allentown-Bethlehem-Easton Airport.

(Ord. 45, Z-§ 518, 5/12/76; as amended by Ord. 143, § 1, 10/12/83)

   1.   Permitted Solar Energy Systems.

      A.   Subject to the provisions of this Section, a solar energy system shall be permitted as an accessory use in any zoning district.

      B.   A temporary site construction office trailer or job site sales office trailer permitted by Part 7 of the Statutory Code or any mobile home or motor borne in any district shall be permitted to have a solar energy system mounted on its roof.

      C.   A pole-mounted solar panel shall be permitted in all zones at such locations where the pole and device powered by the solar panel would otherwise he permitted.

   2.   Permit Required. No person shall install, construct or otherwise implement a solar energy system or solar panel with a total area in excess of 8 square feet without first obtaining a permit from the Township. No person shall modify any existing solar panel or solar energy system without first obtaining a permit from the Township if the total area if the total area after modification will be in excess of 8 square feet.

   3.   Residential Districts. Any solar panel or solar energy system in a residential district (PR and MR) shall be subject to the following regulations:

      A.   Ground-mounted solar energy systems shall not be permitted.

      B.   Commercial solar energy systems shall not be permitted.

   4.   Business Districts. Solar energy systems in business district (PC, PIO, PUD) shall be subject to the following regulations:

      A.   Ground-mounted commercial solar energy systems shall not be permitted.

   5.   Airport-Industrial Zone. Solar energy systems in an airport industrial (AI) zone shall be subject to the following regulations:

      A.   A commercial solar energy system may be permitted by special exception.

   6.   Limited Use Zones. Solar energy systems in a limited use zone (LU) shall be subject to the following regulations:

      A.   Ground-mounted solar energy systems shall not be permitted.

   7.   General Regulations. Solar energy systems in all zoning districts shall be subject to the following regulations:

      A.   Except for pole-mounted solar panels in a non-residential zone or a decorate lighting SEC, a solar energy system must be within the building height and building set back provisions of the zone in which it is located.

      B.   Ground-mounted solar energy systems including a commercial ground- mounted solar energy system, shall not exceed 8 feet in height above the ground on which it is mounted.

      C.   A solar energy system shall not project vertically above the peak of an angled roof to which it is attached or project vertically more than 6 feet above a flat roof or horizontally beyond the perimeter of the roof to which it is attached and is subject to the restriction of subsection (7)(A).

      D.   All solar energy systems shall be subject to the Pennsylvania Uniform Construction Code.

      E.   Solar energy systems are subject to all other provisions of the zoning ordinance, where applicable, and, in particular, a provision of § 27-504, Noise Control, § 27-507, Glare and Heat Control, § 27-508, Vibration Control, § 27-509, Radiation or Electrical Emissions, Radioactivity or Electrical Disturbance, and § 27-510, Electrical, Diesel Gas or Other Power.

      F.   All wires, pipes, conduit and other such items connecting a ground- mounted solar energy system to a building or other point shall be under ground.

      G.   Any ground-mounted solar energy system shall be screened by a buffer strip from any adjoining residential district or lot on which a residential building is located.

      H.   Ground-mounted solar energy systems shall not be situated in a manner which would impede the speedy movement of people away from any building exit.

      I.   A non-functioning solar energy system shall be repaired or replaced within 3 months of becoming non-functional.

      J.   A solar energy system shall not be used for displaying any advertising except for reasonable identification or the manufacturer or operator of the system, and in no case shall such identification be visible from the property line.

      K.   Solar energy systems shall not obstruct any public or private street, driveway, sidewalk, walkway or parking area. Such areas, not otherwise required by zoning or subdivision ordinances or approval conditions may be removed for the installation of solar energy systems.

   8.   Abandonment and Removal of Solar Energy Systems.

      A.   Any component of the solar energy system which has not been in active and continuous service for a period of 1 year shall, within 30 days following the end of said period, be removed from the property to a place of sale and legal disposal and the site shall be cleaned and restored with grass or other ground cover until other use is established.

      B.   If the requirements of subsection (8)(A) have not been completed within said 30-day period, then the Township shall give written notice to the owner and/or tenant of the property on which the solar energy system is located, to accomplish the same within 30 days.

      C.   If the removal and restoration has not been completed within 30 days of said written notice by Township, then Township may accomplish the same charge the said owner and/or tenant notified pursuant to subsection (8)(B) for all the costs and expenses, including reasonable attorney’s fees for collection and place a lien on the property for the same.

(Ord. 45, 5/12/76; as added by Ord. 520, 7/6/2011, § 3)

   1.   No vehicle repair garage may be located closer than 250 feet to a residential zone or within 750 feet of another vehicle repair garage.

   2.   No vehicle repair garage shall operate during the hours from 11 p.m. to 5 a.m. the following day.

   3.   Absorptive sound mitigation barriers shall be constructed on the facility property between the building enclosing a vehicle repair garage and those portions of any residential zone within 750 feet of the facility.

   4.   Exterior doors and windows to repair and body shop areas shall be closed during the hours of 5 a.m. and 7 a.m., except for transit of vehicles, and shall not face any residential district within 300 feet.

(Ord. 45, 5/12/76; as added by Ord. 535, 12/6/2012, § 3)

   1.   Purposes and Findings of Fact.

      A.   The purposes of this § 521 include a desire to establish reliable, uniform standards for the construction, siting, design, permitting, maintenance, and use of wireless communication facilities in recognition of the federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996); the federal Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation Act (Act 191), 53 P.S. § 11702.1 et seq. ("WBCA") in the Township. Moreover, the Township desires to plan and accommodate for the managed deployment of infrastructure that is necessary to accommodate the wireless communications needs of the Township's residents, businesses, and emergency service providers. While the Township recognizes the benefit of wireless communication facilities in providing high quality communications service and enhancement 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 these provisions, the Township intends to:

         (1)   Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

         (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;

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

         (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 residents and businesses with respect to wireless communication facilities;

         (7)   Protect the Township's residents and businesses from the potential adverse impacts of wireless communication facilities and to preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape; and

         (8)   Ensure compliance with federal and state regulation.

      (i)   The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., wifi) and fixed wireless services (i.e. point to point microwave transmissions) such as microwave backhaul.

      (ii)   The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

      (iii)   The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this subpart, supports or houses equipment described in sub-paragraphs (i) and (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

      (iv)   The term does not include any structure that, at the time the relevant application is filed with the Township under this section, does not support or house equipment described in sub-paragraphs (i) or (ii) of this section.

   STEALTH TECHNOLOGY: State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed WCF into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flag poles.

      (i)   it increases the original height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than ten percent (10%) or more than ten feet (10'), whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

      (ii)   it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet (6');

      (iii)   for any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;

      (iv)   it entails any excavation or deployment outside the current site.

 

 

 

 

 

 

      A.   All WCFs shall be sited, designed, constructed, operated, inspected, maintained, repaired, modified, removed, and replaced in strict compliance with all current applicable federal and state technical and safety codes including, without limitation, the permitting and inspection requirements of the PA Uniform Construction Code, as adopted by the Township.

      B.   Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot. This provision shall not eliminate any requirement for a land development plan.

      C.   All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.

      D.   All WCFs shall be operated in a manner so that they do not interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties. In the event that a WCF causes interference with such services within the Township, the WCF applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected.

         1)   An access driveway and one (1) off-street parking space shall be provided to ensure adequate emergency and service access to all tower-based WCFs.

         2)   Maximum use of existing roads, whether public or private, shall be made to the extent practicable.

         3)   Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.

         4)   Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.

         5)   Where applicable, an applicant shall present documentation to the Township that the property owner has granted an access easement for the proposed WCF facility and maintenance responsibilities.

         6)   Any required access easement shall be a minimum of twenty feet (20') in width and the access driveway shall be improved with a dust-free, all weather surface, including gravel, to a width of at least ten feet (10') throughout its entire length.

         7)   Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot. However, where appropriate and available, existing parking for the principal or other uses on the lot may be utilized.

         1)   The applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the WCF support structure shall be preserved to the extent practicable. Any vegetation, trees, or shrubs that are disturbed during construction shall be restored to the extent practicable so that the property is in as good as or better condition than it was prior to construction.

         2)   Ground mounted equipment may be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by the Township.

         3)   Any graffiti on the tower or on any related equipment shall be immediately removed at the sole expense of the WCF owner or the property owner.

      A.   Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this sub-section, an application for replacement, collocation or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Township building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.

      B.   Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.

      C.   To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF resulting in any increase in the overall height of such WCF, monopole, tower, or other wireless support structure shall first obtain all necessary permits and approvals from the Township. Non-routine modifications shall be prohibited without prior approval from the Township.

 

 

         1)   All unused or abandoned WCFs and accessory facilities shall be removed within three (3) months of the cessation of operations at the site unless a time extension is approved by the Township.

         2)   If the WCF and/or accessory facility is not removed within three (3) 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.