Harmar Township City Zoning Code
PART 5
SUPPLEMENTARY REGULATIONS
§ 27-501 Lot Area Exceptions.
[Ord. 331, 11/17/1999, § 5.100]
1.
Existing Lots of Record with Inadequate Area and/or Width.
A.
The Zoning Officer may, without referral to the Zoning Hearing Board, issue a building permit, if no variances are requested, to the owner of a lot with inadequate area and/or width recorded prior to September 1, 1963, and located in a residential zone district, for the erection of a single-family dwelling on the lot, provided the stipulations of Subsections 1B through D are met.
B.
The owner of the lot does not also own adjoining property which when combined with the undersized lot would create a conforming lot without leaving a nonconforming lot of the property remaining.
C.
Any setback, coverage or other variance requested by the developer is acted upon favorably by the Zoning Hearing Board whose decision shall be based on hardship.
D.
The lot is connected to both public sewer and public water lines, or the Allegheny County Department of Health certifies that the lot has sufficient area and soil absorption capacity to accommodate an on-lot sewage disposal system and that, if public water is not available, a well, with sufficient separation from the on-lot sewage disposal system, according to the Department's requirements, is installed.
2.
Connection to Public Water and Sewerage Systems. Every lot containing a building which is attached to a potable water supply shall be connected to a public wastewater collection system, unless the lot owner can convince the Zoning Hearing Board that either or both public sewer and public water connection cannot be made within the requirements of the Allegheny County Department of Health.
3.
Lot Width and Frontage.
A.
The width of a lot shall be measured along the front setback line between side lot lines. The front setback line and front lot line (abutting the street to which the lot has its principal access) shall be parallel whether such lines are tangents or arcs.
B.
Lot area shall include all land within the boundaries of the lot including easements but not including public road rights-of-way partially or wholly within the lot.
C.
When the Sewage Enforcement Officer determines that a lot not to be connected to public sewer is insufficient to absorb wastewater effluent because of conditions on the lot, he/she may require that either the lot area be increased to successfully handle on-lot disposal, or an alternate method of sewage disposal be installed. Sand mounds and holding tanks shall not be encouraged; increase in lot area will be encouraged.
4.
Corner Lots.
A.
When a lot abuts two streets intersecting at one corner of the lot, the side yard setback depth adjacent to the side street (the street on which the lot does not front) shall be:
(1)
Twice the minimum required for a side yard not abutting a street but not less than 10 feet if the lot was recorded prior to September 1, 1963.
B.
A clear sight area shall be maintained at all street intersections as a public safety measure to aid drivers approaching the intersection. No obstruction shall be placed within a "sight triangle" whose sides shall be lot lines which intersect at the corner of the lot abutting the intersection. At points 20 feet along each lot line measured from the intersection of the lines, a third line connecting such points shall be drawn to enclose the sight triangle. Within the triangle no obstruction shall be placed that exceeds 30 inches in height; nor shall existing obstructions except tree trunks be increased in size or moved to further reduce driver sight distances.
5.
Occupancy of and Access to a Lot.
A.
Any recorded lot may be occupied by one principal use allowed by right or permitted as a conditional or special exception use. On a residential house lot only one dwelling building shall be permitted as well as accessory buildings including a private garage. On a lot occupied by business uses several buildings may contain the principal use and in a plan of multiple dwelling buildings (apartments) several such buildings may occupy the same lot.
B.
All lots created shall directly abut a public street, or a street constructed according to Township specifications, except that a private lane may provide access to only one single-family detached dwelling.
C.
A "rear lot," for the erection thereon of a single-family detached dwelling, may be created if the following stipulations are met:
(1)
The connection between a public street and the building lot is at least 20 feet wide and is part of the lot but not included in lot area for purposes of establishing minimum lot area.
(2)
There is no possibility that such connection will be extended to provide access to other lots or properties.
(3)
Any building on the rear lot will be set back at least 25 feet from the front lot.
(4)
No two lot access connections shall occur within 300 feet of one another on the same side of a public street.
§ 27-502 Height Measurement.
[Ord. 331, 11/17/1999, § 5.200; as amended by Ord. 419, 1/19/2017, § I]
1.
Measurement. Height shall be measured as the vertical distance between the average elevation at grade of all the building walls and the top of the highest wall, or half-way between the eave and ridge line on a gable-roofed building.
2.
Height Exceptions Applicable to Certain Building Features. The height limitations imposed by this chapter (see §§ 27-404 and 27-405) shall not apply to church spires or belfries, cupolas or domes, monuments, water towers, chimneys, flag poles, air handling or other mechanical equipment necessary for the normal functioning of a building and erected thereon; and, parapet walls surrounding a flat roof, which may extend to four feet above the permitted maximum height.
§ 27-503 Setback Variations and Yard Encroachments.
[Ord. 331, 11/17/1999, § 5.300]
1.
Building Wall Not Parallel to Property Line. Where the side and/or rear walls of a building are not parallel to the adjacent side and/or rear property lines, the average of the points on the wall nearest and furthest from the adjacent property line measured at right angles to the property line shall be not less than the minimum required for the yard depth, whether side or rear, in the zone district where the property is located, provided no part of the wall which is not parallel to the property line is less than 1/2 the required setback distance from the adjacent property line. All parts of a front wall, however, shall be behind the front setback line, except as modified by the following subsections.
2.
Extension of a Nonconforming Wall. Where a wall on any building erected prior to September 1, 1963, is parallel or nearly parallel to an adjacent side lot line but less than the minimum permitted distance from the lot line, such a wall may be extended once along its established line provided:
A.
Such extension does not exceed the length of the existing wall or 20 feet, whichever is less.
B.
The extension is no higher than the existing wall.
C.
The extension does not violate minimum setbacks in other required yards on the property.
D.
The building addition of which the wall is a part does not violate the maximum lot coverage that applies in the zone district.
3.
Front Yard Depth Exception. Where an undeveloped lot abuts lots on one or both sides that contain principal buildings which are closer to the abutting street than the minimum permitted front yard setback, construction of a principal building on the undeveloped lot may be set back not less than the average of the buildings on either side, or the average of one building and the minimum permitted setback if one adjacent lot is vacant or one building on an adjacent lot is set back a greater distance than the minimum setback.
4.
Permitted Projections into Minimum Yard Areas.
A.
Building Projections.
(1)
Cornices, canopies, eaves and other architectural features may project not more than two feet into the minimum front, side or rear yard areas.
(2)
Bay windows, balconies, open porches, decks, chimneys and uncovered exterior stairways may project up to two feet into the minimum required yard area provided that the total of all such projections on any wall extending into the minimum yard area does not exceed 1/3 of the length of the building wall on which they are located. Fire escapes that are not enclosed may project not more than four feet six inches into the setback area up to the property line.
B.
Ground Level Projections. Paved areas, including patios, driveways, walkways and parking areas may extend up to three feet from any side or rear property line. By written agreement between neighboring property owners, filed with the Township, paved areas may extend to the common property line. Only a driveway, not more than 18 feet wide, and/or walkway may cross a front yard, or side yard abutting a street. Paved parking areas may abut a secondary access street with a right-of-way width not more than 25 feet at the rear or side of a property.
C.
Additional Setbacks on Lots in the Commercial and Industrial Zones Abutting Any Residential Zone. Developers of lots in any commercial or industrial zone district that abut the side and/or rear lines of properties in a residential zone shall set back buildings along such common lines twice the setback distance required for side or rear yards, as the case may be, in the abutting residential zone.
§ 27-504 Accessory Structures.
[Ord. 331, 11/17/1999, § 5.400]
1.
Location and Coverage on the Lot.
A.
An accessory structure shall be set back from streets abutting the lot on which it is located as required for principal buildings.
B.
A garage may be erected not less than 10 feet from a street abutting the rear or side line of a lot, provided the street has a right-of-way width of not more than 25 feet.
C.
An accessory structure, if not attached to the principal building on the lot, shall be separated from it by at least 10 feet. A covered but open-sided structure may connect the principal and an accessory building.
D.
An accessory structure, if attached to a principal building on the same lot, along at least one wall shall be considered a part of the principal building and shall be set back from property lines as required for principal buildings.
E.
Accessory structures on a lot in a residential zone district shall not occupy more than 10% of the lot area. Lot coverage of accessory structures shall be included in measuring maximum lot coverage (see § 27-404).
F.
No dwelling unit shall be located in an accessory building.
2.
Accessory structures may be erected at the same time as, or later than the principal building on the lot but not before.
3.
Swimming Pools.
A.
A swimming pool shall be considered any vessel capable of containing water to a depth of at least 1 1/2 feet, having a minimum surface area of 75 square feet, and a minimum dimension across the pool in any direction of 10 feet. Only the water surface area need be counted toward maximum lot coverage.
B.
A pool shall be located in the rear or a side yard of the lot but not closer to a street than the front or side wall of the principal building on the lot, and shall be set back from side and/or rear lot lines as required for accessory structures, including any deck or paved surface surrounding the pool. Such deck or surface may extend to the principal building on the lot.
C.
The pool area shall be completely surrounded by a solid surface or metal chain-link fence at least four feet high, access through which shall be controlled by a gate capable of being locked on both sides. A wall of the building with a lockable opening or no opening to the pool may serve in lieu of part of the fence.
D.
Lighting of the pool area shall be directed away from neighboring properties and streets. Light sources shall not be visible from outside the property containing the pool.
E.
If the pool is owned by an institution or commercial business other than a motel or hotel, the operator shall provide separate male and female dressing rooms, toilets and showers.
F.
The placement of a pool shall require a building permit, and a plan indicating how the pool will be filled and drained, so as not to interfere with water supply to neighbors or create flooding of neighboring properties.
4.
Temporary and Mobile Accessory Uses.
A.
A temporary building for use as an office or for storage may be erected on a construction site while the property is under development, but for a period not to exceed one year, without the need for a building permit.
B.
A temporary building or structure for a civic event may be approved by the Board of Supervisors for a specific limited time without a building permit being required.
C.
If stored outside, boats, boat trailers, campers, and similar recreational vehicles shall be placed to the side or to the rear of the principal building on the lot. The same shall apply to vehicles not in working order.
5.
Satellite Dishes.
A.
Dishes shall be permitted in any zone district, set back from property lines as required for accessory uses.
B.
Dishes shall be sited so as to be as unobtrusive as possible, but with a clear sight line to the satellite.
C.
Dishes shall be landscaped and/or painted to blend with surrounding landscaping and/or buildings. Open mesh type dishes shall be used.
D.
Roof-mounted dishes shall be set back from the edges of roofs to minimize their visibility from adjacent streets and properties.
§ 27-505 Hedges, Fences and Walls.
[Ord. 331, 11/17/1999, § 5.500; as amended by Ord. 412, 9/18/2014, § 1]
1.
Optional Perimeter Planting, Fences and Walls.
A.
No fence or wall erected, or perimeter hedge planted at any point within five feet of any rear property line or behind the front setback line along side lot lines shall exceed eight feet in height. No fence or wall erected, or perimeter hedge planted at any point within five feet of any front property line, side property line abutting a street with a right-of-way width exceeding 25 feet, or along side lot lines forward of the front setback line, shall exceed four feet in height. Hedges shall be maintained at not higher than the permitted maximums. Trees are exempt from height restrictions. Whenever growth from a hedge or tree row along a property line extends into a neighboring lot, the neighbor may, at his/her discretion, trim all or a portion growing over the line, provided the abutting neighbors agree on the line's location.
B.
A fence or wall may be built along a property line but all parts of the wall or fence including foundations shall be on the property of the wall or fence owner unless adjacent owners agree in writing filed with the Township, that the wall or fence may straddle the common property line. Any hedge plantings along property lines shall be installed entirely within the property of the owner installing the plant materials unless adjacent owners agree in writing to plantings on the common property line.
C.
The bottom rail of any fence shall be held at least six inches but not more than 12 inches off the ground, and the fence supports shall be not more than eight feet apart.
D.
Retaining walls shall be designed to withstand soil pressures from behind and shall have adequate foundations to avoid overturning, as well as a drainage system to remove water collecting behind the wall. Any retaining walls whose exposed face is over five feet high shall be designed or approved by a registered professional engineer. A building permit shall be required for the erecting of such a wall.
F.
The construction and use of electric fences shall be allowed in the Township only in nonresidential zoning districts, as provided in this section, subject to the following standards:
(1)
Electrification.
(a)
The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.
(b)
The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission (IEC) Standard No. 60335-2-76.
(2)
Perimeter Fence or Wall.
(a)
No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet.
(3)
Location. Electric fences shall be permitted on any nonresidential outdoor storage areas.
(4)
Height. Electric fences shall have a height of no more than 10 feet.
(5)
Warning Signs. Electric fences shall be clearly identified with warning signs that read, "Warning-Electric Fence" and shall be placed on each side of the fence at intervals of not less than 60 feet.
(6)
Accessibility. A Knox-Box® shall be required and installed per the standards and direction of the Police Department or the fire company.
2.
Required Fencing and Perimeter Planting.
A.
If expansion of a commercial or industrial development abutting a residential zone occurs next to or across a street from that zone, or expansion of a nonconforming commercial or industrial use occurs in a residential zone, the developer shall install buffering at the time of such expansion.
B.
Such buffering shall be installed by the developer or his/her property at his/her expense and maintained thereafter by him/her and successors in good condition. In the case of a fence, the decorative or finished side shall face the residential zone. No advertising shall be placed on the fence.
C.
Fences, if used, shall be not less than four feet nor more than eight feet in height. When viewed from outside the property on which the fence is located, the fence shall allow no visual penetration into the property. A commercial or industrial property owner may extend the height of his/her fence using chain-link components if such added height is necessary for security. The bottom rail of a fence shall be held between six and 12 inches off the ground level and supports, carried at least two feet into the ground shall be set not more then eight feet apart. Wood fencing structural members shall be pressure-treated lumber.
D.
Perimeter planting, when selected instead of, or in combination with, fencing shall be placed in a strip of land not less than 10 feet wide along the property line or lines abutting and/or directly across the street from any residential zone. All hedge materials used shall be maintained when mature at a height of not less than four feet or more than six feet. Within the planting strip the following shall be placed for each 100 feet of strip length.
E.
Planting Materials Specifications.
(1)
Canopy or shade trees shall be planted with a minimum trunk diameter four feet above ground level of not less than 2 1/2 inches. Appropriate trees include maples, beech, ash, honeylocust, oaks, hornbeams and zelkovas.
(2)
Understory or ornamental trees shall be planted with a minimum trunk diameter four feet above ground level of not less than 1 1/2 inches or a height of eight feet. Appropriate trees include, but are not limited to, serviceberry, dogwoods, hawthorns, redbud or crabapples.
(3)
Shrubs shall be planted with a minimum height of two feet. Appropriate varieties include, but are not limited to, rhododendron, shrub evergreens, forsythia, privet or azalea.
(4)
Two evergreen trees may be substituted for one canopy tree. Appropriate evergreen trees include, but are not limited to, white fir, Canadian hemlock, eastern white or Austrian pine, and white or Norway spruce. They shall be planted with a height of not less than five feet above ground level.
(5)
The planting materials listed above as appropriate are those that are most likely to survive in the environment of Western Pennsylvania. The listed plantings are recommended but developers are not limited to using them.
§ 27-506 Development of Land Subject to Flooding.
[Ord. 331, 11/17/1999, § 5.600; as amended by Ord. 335, 6/21/2000, § I; and by Ord. 341, 9/19/2001, § I]
1.
General Provisions.
A.
Applicability. The provisions of this section shall apply to all lands and buildings within the boundaries of areas designated as floodway, floodway fringe, or general floodplain on the Flood Boundary and Floodway Map for Harmar Township, prepared by the Federal Insurance Administration and dated July 2, 1980.
B.
Compliance. No structure or land shall be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered if in the areas described in Subsection 1A, above unless in full compliance with the terms and provisions of this section.
C.
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(1)
Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.
(2)
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
D.
Warning and Disclaimer of Liability.
(1)
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. These regulations do not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages.
(2)
These regulations shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.
2.
Establishment of Floodplain Districts.
A.
Basis of Districts.
(1)
The various floodplain districts shall include areas subject to inundation by waters of the one-hundred-year flood. The basis of the delineation of these districts shall be the Flood Insurance Study for Harmar Township prepared by the Federal Insurance Administration dated September 21, 2001, or the most recent revision thereto, and the accompanying Flood Boundary and Floodway Map and Flood Insurance Rate Map.
(2)
The FW (Floodway District) includes the floodway and that portion of the floodway fringe that must be kept free of encroachment in order that the one-hundred-year flood can be carried without an increase in flood heights at any point exceeding one foot.
(3)
The FF (Floodway Fringe District) comprises the area of the one-hundred-year floodplain not included in the floodway. The basis for the outermost boundary of this district is the table of flood profiles at the rear of the Flood Insurance Study.
(4)
The FA (General Floodplain District) includes that floodplain area for which no detailed flood elevations or floodway information is provided. Such areas are shown as Zone A on the Flood Insurance Rate Map and as "approximated one-hundred-year floodplain" on the Flood Boundary and Floodway Map. Flood elevations in approximated floodplain areas may be determined by survey, by data compiled by the Corps of Engineers, U.S. Geological Survey or Soil Conservation Service, or by known high water marks from past floods.
B.
Overlay Concept. The floodplain districts described in Subsection 2A shall be considered an overlay upon the Zoning Map and shall serve as a supplement to the provisions of the zoning districts. Where conflicts occur, the more restrictive provision shall prevail. The Flood Boundary and Floodway Map and the Flood Insurance Study are hereby declared to be a part of this chapter.
C.
Interpretation of District Boundaries. Initial interpretation of boundaries shall be made by the Zoning Officer. If an applicant for a building permit contests the Zoning Officer's decision, he/she may appeal it to the Zoning Hearing Board for a determination.
D.
Changes in the Boundaries of Districts. The Board of Supervisors may revise or modify boundaries of the areas described in Subsection 2A where studies or information provided by an agency or registered engineer specializing in hydrological work documents the need for such revision. Prior to approval of any changes, the Board shall submit the proposal to the Federal Emergency Management Agency (FEMA) which may decide that approval should be denied.
E.
Modifications or Permitted Uses.
(1)
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state laws including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.
(2)
In the various floodplain districts the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district.
(3)
In the Floodway District (FW) no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities.
3.
Standards; New Construction.
A.
Residential Structures. Within any floodplain district, the lowest floor, including basement, of all residential structures shall be constructed at least 1 1/2 feet above the one-hundred-year flood elevation.
B.
Nonresidential Structures.
(1)
Within any floodplain district the lowest floor, including basement of all nonresidential structures, shall be constructed at least 1 1/2 feet above the one-hundred-year flood elevation, or such structures shall be designed and constructed so that space enclosed shall remain either completely or essentially dry during any flood up to that height.
(2)
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972), or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
C.
Drainage Facilities. Adequate storm drainage shall be provided for development within any floodplain district. Storm drainage shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure drainage at all points along streets, and provide positive drainage away from the buildings. The system shall also be designed to prevent the discharge of excess flood waters onto adjacent properties.
D.
Sanitary Sewer and Water Supply Facilities.
(1)
All new or replacement sanitary sewer facilities, on site sewage systems, and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters.
(2)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such system. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(3)
All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system, and be located and constructed to minimize or eliminate flood damages.
E.
Other Utilities. All utilities such as gas lines, electrical and telephone systems placed in flood-prone areas shall be located and constructed to minimize the chance of impairment during a flood.
F.
Anchoring. Within any floodplain district all buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.
G.
Special Requirements for Manufactured Homes.
(1)
Within any FW (Floodway District), manufactured homes shall be prohibited.
(2)
Within any FA (General Floodplain District), manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Where permitted within any floodplain district, all manufactured homes, and any additions thereto, shall be:
H.
Enclosed Spaces Prohibited. Within any identified floodplain district, fully enclosed spaces below the lowest floor of any new or substantially improved structure shall be prohibited.
I.
Protection of Critical Equipment. All electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4.
Existing Structures.
A.
Structures existing in any designated floodplain district prior to the enactment of this chapter, but which are not in compliance with these provisions, may continue to remain subject to the following subsections.
B.
Existing structures located in a designated Floodway District (FW) shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
C.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this section.
5.
Development Which May Endanger Human Life.
A.
In accordance with the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq., and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
(1)
Will be used for the production or storage of any of the following dangerous materials or substances.
(2)
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises.
(3)
Will involve the production, storage, or use of any amount of radioactive substances.
(4)
Shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life: Acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (gasoline, fuel oil, etc.) phosphorus, potassium, sodium, sulphur and sulphur products, pesticides (including insecticides, fungicides and rodenticides) and radioactive substances, insofar as such substances are not otherwise regulated.
B.
C.
Any structure described in Subsection 5A, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other equivalent water-tight standard.
D.
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this subsection.
6.
Activities Requiring Special Permits.
A.
Identification of Activities Requiring a Special Permit. In accordance with the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq., and regulations adopted by the Department of Community and Economic Development as required by the Act, the following uses are prohibited in the FW Floodway District and are permitted only by special permit if located partially or entirely within the FF Floodway Fringe or FA General Floodplain Districts:
B.
Application Requirements. The applicant shall provide five copies of the following written and drawn documents to the Township Secretary:
(1)
Request for review and completed building permit.
(2)
A small scale map showing landmarks in the vicinity of the site.
(3)
A plan of the entire area to be developed or disturbed at a scale of one inch to 100 feet or less showing:
(a)
North arrow, scale and date.
(b)
Existing contours at two-foot intervals within area to be developed.
(c)
Property boundary lines showing bearings and distances and property area in acres.
(d)
Right-of-way and paved width of all existing streets within or abutting the site and location and surfacing of parking areas.
(e)
Location of existing streams, drainageways and wetlands.
(f)
Location of existing buildings and railroad tracks in the property or within 50 feet of it.
(g)
Location of sewer, water and other utility lines or easements within the property or within 50 feet of it, including pump stations, transformers, etc.
(h)
The edge of the floodway, floodway fringe, and/or general floodway districts within the property, and if a river or stream abuts or is within the site, the direction and velocity of flow.
(4)
A plan, combined with the information required by Subsection 6B(3) above, showing all proposed buildings, structures and other improvements at the same scale used for Subsection 6B(3), as follows:
(a)
Floor plans of proposed buildings showing elevation of the lowest floor, including basement.
(b)
Proposed site grading and drainage on two-foot contours.
(c)
Proposed subdivision within the property, if any, showing bearings and distances of proposed lot lines.
(d)
Revised location of edges of floodway, floodway fringe and/or general floodway districts within and outside the property as a result of the development, including any increases in the one-hundred-year flood depth at several locations.
(e)
Details showing any proposed floodproofing measures of the buildings and other structures.
(f)
Profiles along center lines of all proposed streets, drives and parking areas, and cross-sections to illustrate paved width and construction details.
(g)
Plans and profiles of all proposed sanitary and storm sewers and location of water lines, as well as structures such as hydrants and manholes along such lines, and means to prevent infiltration of flood water into the sanitary sewers and water lines.
(h)
Erosion and sedimentation control plan in accordance with the requirements of the State Department of Environmental Protection (DEP).
(5)
Certification and Statements.
(a)
Certification of the applicant that he/she owns property on which development is to occur.
(b)
Certification from a registered engineer, architect or landscape architect that the proposed construction has been designed to adequately protect against damage from the one-hundred-year flood.
(c)
A statement, certified by a registered engineer, architect or landscape architect which contains an accurate description of:
1)
The nature and extent of pollution that could occur during a one-hundred-year flood as well as the effects of such pollution on human life.
2)
The effects the proposed development will have on one-hundred-year flood elevations and flows.
3)
The kinds and amounts of loose buoyant materials or debris that may be located on the property below the one-hundred-year flood elevation and the effects such materials or debris may have on flood elevations and flows.
4)
A written plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
C.
Application Review.
(1)
Upon receipt by the Township of an application for a special permit, the Township Secretary shall immediately send one copy to the Township Engineer for review as to conformance with this section.
(2)
If the Engineer determines that the application is incomplete or not in conformance, he shall inform the applicant of the specific deficiencies within 30 days of receiving the application. The applicant may then submit a revised document.
(3)
When complete and in conformance, the application shall be sent to the Allegheny County Department of Development for comment and to the Township Planning Commission for review and recommendation to the Board of Supervisors.
(4)
The Board may approve, disapprove or approve the application with specific conditions, informing the developer of the decision and sections of this chapter relied upon if approval is denied.
(5)
Before authorizing the special permit, the Board shall send a copy of the application to the Department of Community and Economic Development. If after 40 days from the date of mailing, the Department does not respond, the Township may issue the special permit.
(6)
If the Department decides to disapprove an application, it shall notify the Township and the applicant in writing of the reasons for disapproval, and the Township shall not issue the special permit.
D.
Technical Requirements.
(1)
No special permit shall be approved unless the Township Engineer determines and the Board of Supervisors concurs that buildings are structures for which the special permit applies will be located, constructed and maintained so that:
(a)
The health and safety of the general public and building occupants are fully protected as evidenced by the facts that:
1)
The buildings and structures will survive inundation by the one-hundred-year flood without lateral movement or damage to the building or structure or any contents or equipment below the one-hundred-year flood elevation.
2)
The lowest flood elevation including basement will be at least 1 1/2 feet above the one-hundred-year flood elevation.
3)
The building occupants can remain inside indefinitely and be safely rescued at any time during the one-hundred-year flood.
(b)
There is little possibility of pollution, increased flood flows or levels or debris endangering life and property.
(2)
All hydrologic and hydraulic analyses shall be undertaken only by persons of demonstrated qualifications, who shall certify that methods used reflect current technical concepts. All studies, analyses and computations shall be provided to allow a thorough technical review by the Township Engineer and the Department of Community and Economic Development.
7.
Administration.
A.
Permits Required. A building permit shall be required for all construction and land development in any floodplain district, including alteration, repair or remodeling of existing structures, filling, grading, excavating, mining, dredging or drilling operations. The permit shall provide in addition to requirements of § 27-1202 of this chapter:
(1)
A site plan showing existing and proposed contours at two-foot intervals in areas to be disturbed.
(2)
The edges of the one-hundred-year floodplain and the lowest floor elevation of any building.
(3)
If a proposed nonresidential building is to be floodproofed, certification by a registered engineer or architect that the design will be adequate to withstand flood depths, pressures, velocities, impacts and uplifts forces.
(4)
If the proposed development will be located in a floodway district, certification by a registered engineer that the development will not cause any increase in the one-hundred-year flood elevation.
B.
Other Permit Requirements. Before a building permit may be issued, the Zoning Officer shall determine that permits required by other government agencies have been approved, including those under Act 537, 35 P.S. § 750.1 et seq., the Pennsylvania Sewage Facilities Act; the Pennsylvania Water Obstructions Act of 1913, and the Federal Water Pollution Control Act Amendments of 1972, § 404, 34 U.S.C. § 1334.
C.
Watercourse Alterations. Prior to altering or relocating any watercourse, a developer proposing such modification shall obtain a permit from the Pennsylvania Department of Environmental Protection, Bureau of Dam Safety, Obstructions and Stormwater Management. However, no alteration or relocation which would reduce flood carrying capacity is permitted. Also, the developer shall notify the Pennsylvania Department of Community and Economic Development, as well as municipalities upstream and downstream of the alteration prior to the work, providing the Harmar Zoning Officer and the Federal Insurance Administration with copies of such notices.
8.
Variances.
A.
Requests for variances in any floodplain district shall be considered by the Zoning Hearing Board in accordance with the procedures of Part 11 of this chapter.
B.
No variances shall be granted for any construction, development, use or activity within any designated Floodway (FW) District that would cause any increase in the one-hundred-year elevation.
C.
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
(1)
The granting of the variance may result in increased premium rates for flood insurance.
(2)
Such variances may increase the risks to life and property.
(3)
Will only be issued as a minimum remedy to relieve hardship.
(4)
For functional dependent use only. A functionally dependent use cannot perform its intended purpose unless it is located or carried out in close proximity to water. It includes only docking facilities, port facilities that are necessary to the loading or unloading of passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities.
D.
The Zoning Hearing Board shall file an annual report with the Federal Insurance Administration, detailing each variance granted during the previous year within any floodplain district.
E.
No variance shall be granted that might jeopardize the capability of a building to resist hydrostatic and/or hydrodynamic loads and pressures and effects of buoyancy during the one-hundred-year flood.
9. ONE-HUNDRED-YEAR FLOOD CONSTRUCTION DESIGNATED FLOODPLAIN DISTRICTS DEVELOPMENT DRY SPACE
FLOODPROOFING MANUFACTURED HOMES AND PARKS
Definitions Used in this Section.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
The construction, reconstruction, renovation, repair extension, alteration, or relocation of a building or structure, including the placement of manufactured homes.
Those floodplain districts specifically designated in this chapter as being inundated primarily by the one-hundred-year flood. Included are areas identified as Floodway District (FW), Flood-Fringe District (FF), and the Approximated Floodplain District (FA).
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land.
COMPLETELY DRY SPACE — A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor. | |
ESSENTIALLY DRY SPACE — A space which will remain dry during flooding except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water. |
Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles placed on a site for more than 180 consecutive days. | |
MANUFACTURED HOME PARK — A parcel (or contiguous parcels) of land which has been planned and improved for the placement of two or more manufactured homes. |
§ 27-507 Special Residential Uses.
[Ord. 331, 11/17/1999, § 5.700]
1.
Individual Mobile Home on its Own Lot.
A.
A mobile home shall be considered a single-family detached dwelling, subject to all the minimum lot area, frontage, setback, lot coverage and parking requirements that apply to single-family detached dwellings in the zone district where the mobile home is to be located. An individual mobile home implies that it is not in a mobile home park, but is on its own lot as the principal permitted use.
B.
Foundations, Skirting, Tie-Downs. A mobile home shall be placed on its permanent foundation within 30 days of arrival on its lot. Wheels shall be removed. The foundation shall be either at least two masonry piers or a masonry peripheral wall matching the dimensions of the home to be supported, in either case set on concrete footers the bottom of which shall be at least three feet below finished grade. A mobile home shall be securely tied to its foundation by over-the-top or built-in steel straps sufficient to hold the mobile home to its foundation against wind blowing horizontally up to 100 miles an hour from any direction. The space between the mobile home's floor and ground below shall be well ventilated and enclosed by a continuous masonry wall or vinyl skirting maintained in good condition.
C.
Permits Required. Placement of a mobile home upon a lot shall require a building permit. Before a mobile home can be occupied, the Zoning Officer shall inspect the premises and shall determine that the sewage disposal and water supply systems have been installed and are in working order before issuing an occupancy permit.
D.
Additions. Any enclosed additions added later to a mobile home, or not part of the original construction, shall require a building permit and shall be subject to all setback and coverage requirements of the zone district.
E.
Removal of a Mobile Home. Before a mobile home is removed from its lot, the owner shall present to the Zoning Officer receipts showing that all Township, county and school district taxes, past and present, have been paid in full. When a mobile home has been removed, and a second mobile home will not immediately replace it on the same foundation, the lot owner shall backfill the site to the original grade within 60 days after removal of the home.
F.
Compliance with Codes. Any mobile home brought into the Township after the date of the adoption of this chapter shall display evidence that it complies with the National Manufactured Housing Construction and Safety Standards Act and amendments thereto.
2.
Conversion of a House to One or More Apartments.
A.
An existing single-family dwelling in the R-2 Zone District may be converted to a two-family dwelling provided the following criteria can be met, and an existing dwelling building in the R-3 Zone District may be converted to two or more dwelling units if the following criteria can be met.
B.
Each dwelling unit shall contain at least 400 square feet of floor area not counting access halls or stairs, and the lot area shall be not less than 10,000 square feet if in the R-2 zone, or 2,000 square feet per dwelling unit if in R-3.
C.
Each dwelling unit shall contain a separate and fully equipped bathroom, cooking and food storage facilities, as well as two separate means of egress to the outside, or via a common hallway and stairs, but not through another dwelling.
D.
Two off-street parking spaces shall be provided on the lot for each dwelling unit.
E.
Heat capable of maintaining 70° F. temperature while the outside temperature is 0° shall be present throughout the dwelling unit.
F.
Ventilation shall be supplied in each apartment capable of a complete air change twice per hour continuously, or the operable sash area of windows in the apartment unit shall equal or exceed in area one-twentieth of the dwelling floor area.
G.
Artificial lighting shall be supplied in each apartment equivalent to 10 footcandles evenly distributed throughout the dwelling at a height of 30 inches above the floor.
3.
Multifamily Housing, New Construction.
A.
Walk-up apartment buildings and attached single-family dwellings (townhouses) are permitted in the R-3 Zone District only, and apartments on the second and third floors of a building with commercial uses on the first floor are permitted in the C-1 Zone District only.
B.
Each apartment or attached dwelling shall contain, for the exclusive use of its occupants, its own complete bathroom (toilet, lavatory and shower or tub) in a separate room, as well as stove or cooktop, refrigerator and food preparation area.
C.
An apartment shall be considered a dwelling unit within a building containing at least three such units, each independent of the others and each with access to a common hall leading to the outside or with access directly to the outside. An attached dwelling shall be considered a dwelling within a building containing at least three but not more than eight such dwellings, each occupying at least two floors with not less than 40% of the floor area on the first floor and each with at least two separate entrances directly to the outside. No part of one townhouse dwelling shall be located above or below another dwelling.
D.
Each apartment unit or attached dwelling shall contain, exclusive of common stairs, hallways, utility or storage rooms and integral garages, at least the following minimum floor areas:
E.
One and a half off-street parking spaces shall be provided on the lot for each dwelling unit.
F.
In the event that the dwellings are to be sold to create condominiums, the owner of the building or buildings shall establish an association of condominium purchasers, to which all purchasers must belong, to succeed in the owner's interests. The association shall have the power to annually levy and collect assessments from the purchasers to operate the services and common areas formerly the owner's responsibility. The association's by-laws shall be submitted to the Township.
4.
Apartments in Mixed-Use Buildings.
A.
Apartment dwellings may be located on the second, or second and third floors of a building in the C-1 Zone District if the first floor is devoted to retail and service uses permitted in that zone.
B.
Each apartment shall have access via a common hallway and stairway to the outside.
C.
Each apartment shall contain a sink, toilet and shower in a separate room, cooking and food storage area, and have at least 320 square feet of floor area.
D.
There shall be at least 1,500 square feet of lot area for each apartment.
E.
One and a half parking spaces shall be provided on the lot for the exclusive use of each apartment.
5.
Nursing Home and/or Elderly Apartment Residence.
A.
Such facilities shall be located in the C-1, R-1 or R-2 Zone Districts as a conditional use.
B.
The facility may be a freestanding nursing home or elderly apartment residence, or a combination of both on the same site.
C.
Regardless of the nature of the facility, the property on which it is located shall contain not less than two acres if located in the C-1 or R-2 Zone Districts, or not less than three acres if in R-1. Such minimum areas shall accommodate not more than 40 residents. For each additional whole acre on the property, up to 25 more residents may be added in the C-1 or R-2 zones, or up to 20 more residents in the R-1 zone.
E.
The entire perimeter of the property shall be planted to create a buffer as required by § 27-505, Subsection 2, except at driveway or sidewalk entrances, or where woods already on the perimeter are equivalent to the required buffer and will remain, or where a change of elevation of at least 30 feet exists between the property and developed or developable areas on adjacent land.
6.
Group Home, Personal Care Home or Foster Care Home.
A.
Such homes are permitted in any residential zone district.
B.
Any group or personal care home shall be licensed to operate under the laws of the commonwealth prior to opening.
C.
Each such home shall accommodate not more than five residents plus supervising person or persons.
D.
Residents of a group home or foster care home shall be placed by court order or by a recognized social service agency.
E.
No group home shall house persons on prison work release or those recovering from drug or alcohol abuse.
F.
No two group homes shall be located on the same street frontage within 500 feet of one another.
G.
Parking shall be provided on the same lot to include one space for each staff person on the largest shift, plus one space for any vehicle operated by the facility, and one space for visitors. Foster care homes are exempt from this requirement.
7.
Dwelling in Commercial or Industrial Zone Districts.
A.
Except for apartments over businesses in the C-1 zone, no dwellings shall be built in any commercial or industrial zone district with the following exclusion.
B.
If a lot recorded before September 1, 1963, is too small and/or too narrow or too steep to reasonably support any use permitted by right or conditionally in the commercial or industrial zone where the lot is located, it may be developed for one only single-family detached dwelling; provided, the Zoning Hearing Board determines that factors created by the lot make it completely unsuited for uses permitted in the zone district.
C.
If the immediate area surrounding or abutting the lot is predominantly already residential, the Zoning Hearing Board may allow the lot to be developed for one only single-family detached dwelling.
§ 27-508 Special Residentially Related Uses.
[Ord. 331, 11/17/1999, § 5.800]
1.
Home Occupation.
A.
Where Permitted. Home occupations may be permitted within a single-family dwelling, limited to one per dwelling, only if operated by the family residing there, employing not more than two additional persons.
C.
Extent of Use. The home occupation shall occupy no more than 20% of the total floor area of the dwelling, not including the area of attics, cellars or integral garages.
D.
Outside Activity. No activity in connection with the home occupation shall occur outside the dwelling except for off-street parking at the rate of one space for each 300 square feet of floor area devoted to the home occupation, plus one for each nonresident employee, such parking located in side or rear yards of the property only.
E.
Permit Required. Occupation shall require a permit to operate issued by the Zoning Officer.
F.
Types of Uses. Service uses shall be encouraged, particularly those provided to individuals on an appointment basis, or businesses conducted entirely by phone, mail or electronic communication. Individual contractors shall not keep materials and equipment stored outside on the property but may park one company vehicle with more than two axles on site. Foster family care for four or fewer individuals, day care services for four or less individuals and rooming and boarding of not more than two individuals shall be considered home occupations. Musical instrument or singing instruction shall only be offered to individuals, and only between the hours of 9:00 a.m. and 9:00 p.m.
2.
Day-Care Center.
A.
Day care may be provided as a home occupation in any residential zone district (see Subsection 1F), or as an institutional or business venture in the R-1 or any commercial zone district.
B.
A drop-off/pick-up location on the property shall be provided with traffic moving in one direction through the area. If space is not available, a permanent curbside location shall be maintained adjacent to the property.
C.
Parking shall be provided on the property for each staff member on the largest shift.
D.
There shall be no overnight accommodations.
E.
The facility shall be approved for operation by the Department of Public Welfare prior to opening.
F.
The facility may be a separate freestanding building on its own lot or within an institution or commercial building.
3.
Municipal and Public Utility Building and/or Facility.
A.
Buildings or structures required for the efficient collection or distribution of a public utility may be located in any zone district and on lots less in area and/or width than normally required. However, above ground buildings or structures shall be set back from property lines as required for the zone district in which the property is located.
B.
Public emergency services buildings may be located in any zone district as long as the lot dimensions and building setbacks required for the zone district are respected.
C.
Offices of a utility company shall be in any commercial or industrial zone district, but garages, warehouses and storage yards shall be permitted only in the industrial zone, as long as the lot dimensions and building setbacks required for the zone district are respected.
D.
This section shall not affect the location of overhead or underground distribution or transmission lines, or stormwater management areas.
§ 27-509 Special Nonresidential Uses.
[Ord. 331, 11/17/1999, § 5.900; as amended by Ord. 377, 5/21/2009, § 1; by Ord. 388, 3/17/2011, § II.B, .F; by Ord. 390, 12/15/2011, § II.E; by Ord. 421, 5/18/2018, § I; and by A.O.]
1.
Service Station.
A.
Service stations are permitted in any commercial zone district.
B.
Access driveways shall be as remote as possible from street intersections.
C.
All repair services, except adding of fluids, shall occur within a building on the property where the services are provided.
D.
Pump islands shall be in yard areas abutting a street but no part of an island shall be closer to a property line than eight feet.
E.
A canopy covering a pump island shall not extend over any property line and shall not be higher at the top of the roof than 20 feet.
F.
No signs shall be placed on top or hung under a canopy. Not more than 20% of the edge of a canopy may be used for signage, extending neither above nor below the top and bottom edges of the canopy.
2.
Drive-Through Services and Convenience Sales.
A.
A driveway not less than eight feet wide and at least 60 feet long shall be provided on the property for the exclusive use of traffic approaching each drive-through window or stall.
B.
If the drive-through facility shares the property with off-street parking, traffic using the drive-through window and traffic entering and leaving the parking spaces shall be clearly segregated.
C.
On a property containing a convenience sales building and gasoline sales, the vehicle circulation patterns approaching and leaving the pump islands and the patterns maneuvering in and out of parking serving the building shall be separated and clearly marked.
3.
Amusement Enterprise.
A.
Indoor amusement enterprises, but not including adult businesses (see Subsection 7), are permitted in any commercial zone district. Outdoor amusement is permitted only in C-2 and C-3 Zone Districts.
B.
Where the enterprise includes coin-operated arcade machines, such devices shall be separated from one another by at least three feet, and no machine shall block or partially block any exit from the building containing the machines.
C.
Outdoor recreation facilities within or abutting any residential zone district shall be set back from all property lines by at least 20 feet. An opaque fence and/or evergreen plantings erected and maintained at a height of six feet shall be located along the side and rear property lines when such lines abut or are within any residential zone.
D.
Outdoor lighting shall be of the cut-off luminaire type with no fixture mounted more than eight feet off the ground, and the pool of light cast by any fixture shall be contained entirely within the property on which the fixture is located.
4.
Business Park.
A.
Business parks shall be permitted in the I, Industrial Zone.
B.
Business parks shall be considered an integrated arrangement of lands and buildings on at least two acres, occupied by light manufacturing, service businesses, offices, research and development activities and/or other related enterprises, sharing common facilities and services. Any waste materials within such a park that are deemed hazardous by the Federal EPA shall be removed from the Township by licensed haulers.
C.
Business parks may include, as principal uses in a park, one or more business, professional, medical or dental office or personal service outlets, or financial institutions.
6.
Waste Disposal, Treatment or Transfer Facility.
A.
Such facilities shall be permitted in the C-2 and C-3 Commercial and the I Industrial Zones.
B.
A waste disposal, treatment or transfer facility shall be considered any operation, including, but not limited to, landfills, for the collection, disposal, treatment, or transfer of any kind of garbage, rubbish, waste or refuse, including, but not limited to, "hazardous waste," "residual waste," "coal ash" or "solid waste" as those terms are used in Act 97, as amended, the Solid Waste Management Act, 35 P.S. § 6018.101 et seq. A landfill shall be considered the deposit of clean fill, consisting of earth or stone, and not consisting in any part of garbage, waste, rubbish or refuse, or of "hazardous waste," "residual waste," "coal ash" or "solid waste" as those terms are used in Act 97, as amended, the Solid Waste Management Act.
C.
Such facility shall be entirely owned and operated by Harmar Township or a municipal authority established wholly or in part by Harmar Township. Such facility shall be located at least 500 feet from any dwelling, church, school or other building used primarily for housing persons, and shall be located at least 200 feet from the boundaries of all adjoining properties.
D.
Applications for such conditional uses shall be accompanied by a certificate, licenses, approvals, or other documents required by any governmental unit or agency having jurisdiction to issue same when it is possible to obtain those instruments prior to conditional use approval. However, if such certificates, licenses or approvals are not available prior to consideration of the conditional use application, the grant of a conditional use shall be conditioned upon all necessary certificates, licenses, approvals, or other documents being granted.
E.
A landfill use as described in Subsection 6B above, exceeding five acres of earth disturbance as set forth in 25 Pa. Code, Chapter 102, as amended, may be owned and operated by a private entity in the C-3 District, subject to the following additional conditions:
(1)
A grading permit is obtained from Harmar Township pursuant to the Harmar Township Grading Ordinance [Chapter 9].
(2)
The purpose of the landfill is to create a buildable area.
(3)
An engineered plan, showing the location, dimensions, elevation, fill materials, drainage, vehicular access, utilities and the estimated completion date for such buildable area, is approved by the Township Engineer according to commonly applicable engineering standards.
(4)
A conditional use approval for such landfill shall be valid for a five-year period after issuance; or after being finally sustained in the extent of an appeal. If the landfill is not completed before the approval expires, a new conditional use approval must be applied for.
(5)
The Township may cause the Township Engineer or other qualified persons to inspect the landfill at any time during its operation. The landfill owner and/or operator shall reimburse the Township for the cost of any inspections of the landfill.
(6)
Permissible materials to be placed in the landfill shall include any material suitable for an engineered fill in the opinion of the Township Engineer and defined as "clean fill" by the Pennsylvania DEP Management of Fill Policy, Document No. 258-2182-773, as amended.
(7)
Any Township roads to be used by vehicles bringing fill shall be bonded to the maximum extent recommended by the Township Engineer and permitted by law.
(8)
The landfill shall comply with the requirements of the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq., and the DEP requirements contained in 25 Pa. Code, Chapter 102, as amended (relating to erosion and sedimentation); including, but not limited to, an erosion and sedimentation plan.
(9)
The landfill shall comply with the Material Pollutant Discharge System pursuant to the Federal Clean Water Act, 33 U.S.C.A. § 1251 et seq., and the landfill shall have any required NPDES permit.
(10)
Roads within 500 feet of the landfill entrance and exit shall be cleaned from debris and deposits from trucks accessing the landfill, during every shift if conditions require.
(11)
Operations on weekends or holidays, other than from dawn to dusk, may be prohibited by resolution adopted by the Board of Supervisors at a public meeting as needed to reduce interference with enjoyment of any nearby residentially zoned property.
(12)
On site supervision and including a log of all haulers shall be maintained during hours of operation.
(13)
The landfill shall be adequately secured during non-work hours of operation which may include, but is not limited to, gating, fencing, etc.
F.
A landfill use as described in Subsection 6B above, may be owned and operated by a private entity in the C-3 District, as a permitted use and without conditional use approval, provided that it meets the criteria set forth at Subsection 6E, and that such landfill use does not exceed five acres of earth disturbance as set forth in 25 Pa. Code, Chapter 102, as amended.
7.
Adult Business.
A.
Adult businesses may be established only in the C-2 Commercial District.
B.
Persons or owners who intend to open an adult business must obtain from Harmar Township a license to operate such an enterprise and must pay an investigation fee in an amount as established, from time to time, by resolution of the Board of Supervisors, to Harmar Township. In addition, such persons or owners must supply to the Township detailed information as to the ownership and financing as required on the licensing application form. This form can be obtained at the office of the Township Secretary and applies to all new owners or operators.
C.
No adult business can be located within 500 feet of a preexisting residence, school, hospital, nursing home, sanitarium, retirement or convalescent home, group home, personal care home, public park, church, establishment which is licensed to and does sell alcoholic beverages or other adult business.
D.
No adult business can be located within 1,000 feet of an area zoned residential.
E.
An adult business shall be initially licensed, where it has met all chapter requirements, through December 31 of the year in which the license is issued. For each year thereafter that the adult business intends to continue its business as an adult commercial enterprise, it must seek from the office of the Secretary of Harmar Township a renewal of this license. The application for renewal is due in the Secretary's office no later than November 1 of the year preceding the year for which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Township to deny or revoke an occupancy permit to an adult bookstore, adult movie theater, or similar adult commercial enterprise or other adult establishment. The annual license fee shall be set by resolution of the Board of Supervisors.
F. ADULT BOOKSTORE ADULT BUSINESS ADULT ENTERTAINMENT ADULT MOVIE THEATER OR MOVIE HOUSE (INCLUDING ADULT MINI-THEATERS) NUDITY SEXUAL CONDUCT
The following definitions shall apply to specific terms used in this section:
Any commercial establishment in which is offered for sale any book or publication, film or medium which depicts nudity or sexual conduct.
An adult bookstore, movie theater or movie house, or other adult entertainment as defined herein. In the event that a use includes activities which constitute an adult bookstore, adult movie theater or movie house or adult entertainment as defined herein then such use shall be considered an adult business and shall be subject to all provisions in this section applicable to adult business uses, even if such activities are not the only activities conducted upon the premises.
An establishment providing, either as a sole use or in conjunction with or in addition to other uses, entertainment consisting of the use of live dancing, posing, displaying, acting, or other live presentation or use of persons whose actions are distinguished or characterized by emphasis on use of the human body in a manner intended to or result in arousal of sexual excitation or sexual titillation of a prurient interest, or intended to or resulting in producing lustful emotions.
Any movie theater which on a regular continuing basis shows films rated "X" by the Motion Picture Coding Association of America, or any movie theater which presents for public viewing on a regular, continuing basis so-called "adult films" depicting sexual conduct, as defined by this chapter.
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of nipple, or the depiction of covered male genitals in a discernibly turgid state.
Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations, descriptions or acts of masturbation, excretory functions, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast.
8.
Private Commercial Helipad.
A.
Such a facility shall be considered a conditional use in the C-2, Regional Commercial, Zone District.
B.
A private commercial helipad is defined as a helicopter landing area including one or more appurtenant helicopter parking spaces, but excluding refueling facilities, maintenance or repair facilities, a terminal building or enclosed waiting area, or aircraft or aircraft part sales, such helipad being restricted in use to the owner or operator of the helipad or to persons authorized by prior permission from the owner or operator in accordance with licensing requirements of the Pennsylvania Department of Aviation.
C.
The helipad shall be rated to accept only aircraft with a maximum take-off weight not exceeding 7,500 pounds.
D.
The helipad shall be at all times licensed by the Commonwealth of Pennsylvania and/or the FAA.
E.
The helipad shall permit access by public emergency helicopters.
F.
The Harmar Township Volunteer Fire Department shall be provided with, on a current and updated basis, material safety data sheets and a list of any on-site flammable materials.
G.
The helipad shall be in compliance with all applicable local and state fire codes and FAA regulations.
H.
No fuel, other than that in a helicopter itself, shall be stored on site.
I.
No major maintenance or repair work on helicopters shall be done at the helipad site.
J.
The approach/departure flight paths associated with the helipad shall not extend over a public or private school, a school stadium, school playground, school or public sports field, church, hospital, nursing home, hotel, motel, commercial recreation facility or place of public accommodation with permitted occupancy of 50 or more persons unless that portion of the flight path is at least 900 feet from the landing area and there is no feasible alternative flight path.
K.
The center of the helipad shall be located: (1) at least 100 feet from any building on the same property as the helipad and from property lines; (2) at least 250 feet from any public street; (3) at least 300 feet from any property containing dwellings; and at least 400 feet from any school.
L.
The helipad shall be clearly marked with the insignia commonly recognized to indicate a private commercial helipad, as well as the limitation on maximum take-off weight.
M.
Lighting shall be shielded so as to prevent glare upon adjacent properties and streets.
N.
The helipad shall be spaced at least 2,000 feet from any other helicopter landing area.
O.
The helipad shall be the only use conducted on the lot or the leased portion of the lot designated for the helipad unless the helipad is owned by and operated for the business that occupies the lot.
9.
Outdoor Sales, Uses and Storage.
A.
Outdoor sales shall be limited to the display of vehicles and mechanized equipment in the drive-away condition.
B.
No outdoor sales or display shall occur on a public right-of-way, and such outdoor sales area, where it abuts a residential zone, shall be set back from front, side and rear property lines at least the minimum distances required in the abutting residential zone. Where outdoor sales or display occur on a commercially-zoned lot not abutting a residential zone, they shall be set back as required for a building in the commercial zone.
C.
All outdoor storage areas, except those displaying vehicles and mechanized equipment in drive-away condition, shall be enclosed behind a fence erected on the property containing the outdoor area, such fence not less than six feet in height above ground level and with a surface not less than 50% opaque. Where the fence abuts a residential zone, a five-foot wide strip on the commercial property outside the fence shall be planted with evergreen hedges, planted 15 feet on centers and maintained when mature at a height of six feet. A building on the property may serve in place of a fence to partly enclose an outdoor storage area.
D.
All stored materials that could be blown or washed away from the property on which stored, or might attract animals, rodents or insects, or produce metallic, chemical or putrefying odors shall be tightly sealed in waterproof containers that will not rust or deteriorate. Waste materials shall be disposed of off the property by a licensed refuse hauler.
10.
Extraction of minerals and soils, not to include gas and oil wells (see Subsection 11).
A.
The operator of any proposed project to remove minerals or soils or to deposit soils or to expand any such project beyond the limits previously permitted when such a project is not part of an approved land development, shall prepare and present to the Planning Commission a completed application in conformance with § 9-106, Chapter 9, Grading and Excavating, of Harmar Township.
C.
The excavation shall be operated as follows:
(1)
Before work commences the operator shall have a valid DEP permit if the project involves removal of minerals.
(2)
Vehicular access to the site shall be controlled through one point.
(3)
The operator shall post the edges of the area of the site being worked, noting that a dangerous condition exists and warning trespassers away.
(4)
If a steep slope or high wall temporarily will exist, the top of such a slope or wall shall be fenced and posted.
(5)
The operator shall be responsible that trucks leaving the site are not overloaded and that any spilled materials are removed from adjacent public roads at the end of each working day but in no case less frequently than once every 24 hours while operations are in progress.
(6)
Any contaminated water created by an excavation shall be treated prior to release to any drainageway.
(7)
Where the area to be excavated or filled exceeds five acres and/or involves more than 5,000 cubic yards of materials, the site shall be divided into segments, each one to be excavated or filled and brought to finished grade before the operator moves to the next segment. If any segment of an excavation or fill is left dormant for a period of at least 90 days, that portion of the site shall be brought to finished grade.
(8)
The Zoning Officer may report any suspected violations he finds or are reported to him to the DEP for action.
(9)
The Board of Supervisors may require the operator to post a bond to cover the cost of repair to Township-maintained roads used as access to the site.
11.
Gas and Oil Wells.
A.
The applicant shall show the proposed routes of all trucks to be utilized for hauling to and from the gas and oil well site and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on Township streets, unless bond and an excess maintenance agreement to assure road damage repair is provided, and shall design the hauling routes to minimize the use of an impact upon Township streets wherever feasible.
The applicant shall also show evidence satisfactory to the Township Engineer that intersections along proposed hauling routes provide a sufficient turning radius for trucks to be utilized for hauling, such that all turns can be safely made without damage to vehicles, sidewalks or curbs.
B.
The applicant or operator shall post a bond or other financial security in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee maintenance and repair during construction/drilling, fracturing and post-operation restoration of Township streets which may be determined in the reasonable opinion of the Township Engineer to be damaged as a result of traffic generated by gas and oil well generated traffic. In addition, if the Township Engineer concludes that gas and oil well generated traffic will cause substantial damage to a Township road, then the applicant must, before operations begin, enter into an agreement with the Township undertaking the responsibility to repair the road to the extent determined in the reasonable discretion of the Township Engineer, which agreement may provide for bond to be posted in excess of otherwise applicable PennDOT limits when the Township Engineer has reasonably estimated that the cost of repair will exceed the PennDOT limits.
In addition, should the Township Engineer reasonably determine that preventive measures, such as shoring of bridges or putting protective mats over utility lines, should be taken to prevent damage to Township roads, bridges or utilities, then the applicant shall install such protective measures as directed by the Township Engineer, prior to beginning operations.
C.
Prior to the commencement of oil or gas well drilling activities, the actual commencement of mining activity, no construction activities involving excavation of, alteration to or repair work on any access road to the site of the mineral removal or upon an oil or gas well site, other site of mineral removal, shall be performed during the hours of 8:00 p.m. to 7:00 a.m.
D.
The Township recognizes and acknowledges that oil and gas development is accompanied by inherent noise. The regulations in this section are intended and shall be interpreted and applied to establish a process for reasonable noise control, that provides for response to individual complaints, and requires that undue noise be addressed, where feasible, without the Township dictating the particular operational steps that must be taken.
The operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the development:
(1)
Prior to drilling of an oil and gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure or, alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institutes standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
For the purposes of this subsection, a "protected structure" shall be any occupied residence, commercial business, school or church located within 1,000 feet of the surface location of an oil or gas well that may be impacted by noise generated from drilling or hydraulic fracturing activity at an oil or gas well, excluding any structure owed by an oil and gas lessor who has signed a lease with the operator granting surface drilling rights to drill the subject well or whose owner (or occupants) or have signed a waiver relieving the operator from implementation of the measures established in Subsection 11D of this section for the owner's or occupant's benefit.
(2)
The operator shall provide documentation of any established, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 44 dBA, to the Township's Zoning Officer within three business days of such a request from the Zoning Officer.
(3)
The noise generated during drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closet exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or default level, whichever is higher:
(a)
During drilling activities, by more than seven decibels during the hours of 7:00 a.m. to 8:00 p.m.
(b)
During drilling activities, by more than five decibels during the hours of 8:00 p.m. and 7:00 a.m.
(c)
By more than 10 decibels during hydraulic fracturing operations.
The operator shall inform the Township of which level (average ambient noise level or default level) is being used. | |
The operator shall provide for ongoing regular noise level monitoring at a station to be located at or near the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The noise monitoring data acquired at this station shall be made available to the Township upon request. | |
(4)
Adjustments to the foregoing noise limits may be permitted in accordance with the following:
Permitted Increase (dBA) | Duration of Increase (minutes)* |
|---|---|
5 | 15 |
10 | 5 |
15 | 1 |
20 | 1 |
* | Cumulative minutes during any 1 hour. |
(5)
If a complaint is received by the Township from any person, whether a resident or otherwise using the protected structure for any lawful purpose, within 1,000 feet from the wellhead or equipment generating noise during drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer the complainant's building of:
(6)
Once the monitoring is complete, operator will provide monitoring data to the Township and will meet with Township representatives and affected property owners to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded. If permitted levels are exceeded, the operator shall utilize the services of a person or firm with expertise in noise measurement, noise remediation and in gas and oil well extraction, drilling and operation, to study, with the involvement and input of the Township Engineer, any feasible remedial measures, including, but not limited to, construction of sound walls and placement of acoustic blanketing for sound insulation. The results of the study shall be provided in a written report to the Township as to whether any such remedial measures are effective and feasible based on all the relevant circumstances, including the noise level, the extent that the permitted noise level is exceeded, the number of protected structures adversely affected and their location, the nature and type of drilling equipment being utilized, the cost, and whether the use of any such remedial measures would create a safety hazard or be contrary to state or federal regulation, and whether such remedial measures would be economically feasible, given standards in the industry, the value of extractable gas and oil and other factors identified by the expert.
If the written report concludes that any effective and feasible remedial measures are available, then such measure or measures shall be implemented as recommended by the report, to bring noise within permitted levels. |
(7)
Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with (a) an exhaust muffler or (b) an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.
(8)
All workover operations shall be restricted to the hours of 7:00 a.m. to 8:00 p.m., except as necessary, as reasonably determined by the operator. "Workover operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.
(9)
In cases where noise has exceed permitted levels and it is economically feasible for gas and oil well drilling rigs to be outfitted with acoustic barrier insulation blankets, such barriers shall be installed in accordance with best management practices in the industry; provided, however, that no such acoustic barrier shall be required where its use would be contrary to a preempted applicable state or federal regulations, or where its use would create a safety hazard in the opinion of the Township Engineer or of any regulatory agency with jurisdiction.
(10)
Subsections 11D, G and H shall not apply to conventional oil and gas well drilling and completion activities; i.e., those wells drilled to depths shallower than the base of the Elk Sandstone or its stratigraphic equivalent, or to such oil and gas wells that are planned to involve drilling of a single well on a well site for no more than seven consecutive days total in any calendar year.
(11)
In order for the Township to appropriately enforce the conditions imposed by this chapter, to make certain that the health, safety and welfare of its citizens are met and to determine if the use remains compatible with various zoning districts in the Township, if the operator engages in any noise testing as required by this chapter, it will provide the final results to the Township within 10 business days of the operator's receipt of those final results.
E.
Notwithstanding any other provision in this chapter, provide sufficient parking to allow all vehicles associated with the gas and oil well operation to be parked off-street. Parking areas within 200 feet of an occupied building not associated with the gas and oil well operation shall provide a slag or stone or other surface designed to minimize dust or, alternatively, dust reduction measures such as water sprinkling whenever necessary.
F.
Operator shall take all necessary steps to ensure that public roads remain free of dirt, mud or debris resulting from gas and oil well traffic or activities, including road sweeping and tire washing if needed. Where traffic generated by the gas and oil well is heavy in the proximity of school bus stops, the operator will provide flagmen to ensure the safety of children waiting for or leaving school buses.
G.
The operator shall, prior to drilling and once per year thereafter, provide an opportunity for Township emergency services providers to arrange visits to the well site for the purpose of being oriented to the location, equipment, materials used at and layout of the site. Such orientation visits shall be mutually arranged between the operator and the chief officer of any given emergency provider service.
(1)
The operator shall provide appropriate maps, material data safety sheets, and emergency plan documents to such chief officers and to the Township Secretary.
(2)
The operator shall provide 24/7 emergency contact information, including a Supervisor's name and a toll free phone number, to all Township emergency service providers and to the Township Secretary, as well as on signage at the well site.
H.
Where a gas and oil well is located within 1,000 feet of a protected structure, the operator shall:
(1)
Install temporary safety fencing at least six feet high around drilling, fracturing and hydraulic equipment and install permanent fall protection fencing meeting OSHA requirements around any pit for impoundment of liquid at a depth greater than two feet.
(2)
Install warning signs at the well site.
(3)
Provide at least one on-site security guard 24/7 when a drilling rig or hydraulic fracturing equipment is on the well site.
I.
Each application for a conditional use under this section shall have attached thereto a site plan. The proposed site development plan shall be a topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet size of 24 inches in height by 36 inches in width, to include the following:
(1)
Title block giving name of development, property owner, developer, north point, key location map, registration stamp, date and scale on a standard sheet size of 24 inches in height by 36 inches in width, with index.
(2)
Property lines, zoning ordinance district boundary lines and total acreage of parcel proposed for development.
(3)
All existing streets, rights-of-way, and easements related to the development.
(4)
Owners of adjacent properties, including the location of any existing structures and driveway locations.
(5)
The location of relevant natural features on site, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees.
(6)
The location of relevant natural features abutting properties within 300 feet, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees.
(7)
The location of structures on abutting property within 300 feet of common property lines and the location of any protected structures as described in Subsection 11I(4).
(8)
The location of all gas and oil well structures, facilities, equipment or buildings.
(9)
The location of existing structures, buildings and accessory uses on site.
(10)
The location of vehicle and equipment cleaning and tire cleaning areas and a description of the proposed program for removing mud and other well site generated debris from public streets.
(11)
The location of proposed access roads and proposed haul roads.
(12)
The location of stormwater and sediment controls or any water impoundment facilities.
(13)
An environmental impact statement, which shall include the following:
(a)
A description of existing conditions in the area and the land use history of the property.
(b)
A description of the proposed gas and oil well operations, and associated facilities.
(c)
An assessment of the proposed gas and oil well operations on abutting, surrounding uses.
(d)
A historical record of previous gas and oil well operations at the site.
(e)
A description of existing conditions, including gas and oil well facilities, structures, buildings or equipment.
(f)
A description of all proposed site restoration activities and a timetable for commencement and completion of same including, but not limited to, a description of any restoration plantings, by location, number, species and size of tree or other planting.
(g)
Method of disposal of radioactive tailings.
(14)
A copy of any permit or permit application issued by or submitted to the Pennsylvania Department of Environmental Protection.
(15)
The location, depth and profile of any proposed pipelines for water, gas, oil or other substance.
(16)
A lighting plan, demonstrating maximum feasible reduction of glare onto adjacent properties.
(17)
The location of underground mines shall be shown.
(18)
A plan for water usage and disposal, identifying the source and amount of water to be used at or withdrawn from the well site, the proposed method of transport, treatment and/or disposal of water, including truck or pipeline routes, and the destination of any water to be tested or disposed of. A schedule for daily inspection of surface water transport lines shall be provided.
(19)
Such other information pertinent to the proposed gas and oil well as may be requested by the Township Engineer or Zoning Officer.
J.
During construction, the operator shall remove and dispose of all unrooted trees, stumps, brush, rubbish, construction materials and debris promptly in the interest of public safety.
K.
No employees, subcontractors or other persons shall be housed on the well site.
L.
The applicant shall comply with all current applicable state and federal regulations.
M.
The operator shall operate and maintain a vapor recovery unit or vapor destruction unit or other available and feasible means to eliminate vapors emitted from any condensate tanks at the well site.
N.
An odor control plan shall be provided to eliminate odors if perceptible on nearby occupied properties during the drilling and fracturing process. Upon complaint by the occupants of a nearby property of odors generated at the well site, the operator will meet with the Township and the complainant to establish a feasible and effective way of controlling any such odors. The operator will reimburse the Township for the cost of consultants or other investigation needed to address odor complaints. For the purposes of this section, "nearby properties" shall be properties located within 500 feet of the well site.
O.
During the time any pond or impoundment contains non-potable water or other liquids, such pond shall be covered with bird netting.
12.
Temporary Uses.
A.
Approval. Temporary uses that are related to the approved principal use or to an accessory use available on the property in question may be permitted when approved by the Board of Supervisors on the basis that the use and any structures comprising such use conform with the bulk and dimensional standards of tables in §§ 27-404 and/or 27-405 and there is the absence of any undue adverse impact on the participants or upon surrounding properties in the district, with the determination as to impact to be in the sole discretion of the Board of Supervisors based on factors, including, but not limited to, security, cost to the Township, traffic, public safety, noise, lights, access expected attendance, venue capacity, availability of alcoholic beverages, presence of persons under 18 years of age, Supervisors, etc. The Board of Supervisors may attach any conditions to an approval that it regards to be helpful in promoting the public health, safety and welfare and reducing expense to the taxpayer.
B.
Parking. Before approving any temporary use, the Board of Supervisors shall make an assessment of the total number of off-street parking spaces which shall be reasonably required for the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such reasonably requested off-street parking is provided. The applicant shall supply all parking and traffic information, including expected vehicular trip counts to the Township Engineer at least one week prior to action by the Board of Supervisors.
C.
Hours or Days of Operation.
(1)
No temporary use shall be operated during any hours or on any days of the week except those that are designated by the Board of Supervisors on the basis of the nature of the temporary use and the surrounding existing uses on adjoining and adjacent properties.
(2)
Such use shall be limited to a period not to exceed three days.
(3)
Such use shall be limited to two events/year for each group or organization.
(4)
Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods or commercial business.
(5)
No signs shall be erected in connection with a temporary use without Zoning Officer review and approval in advance.
D.
County and State Approval/Permits. No temporary use shall be operated without all of the required county and state approvals and permits.
E.
Security. Police security, crowd control, and traffic control shall be provided at expense of the applicant for the duration of the use.
F.
Overnight Stay. Where the use involves overnight stay of individuals within a structure, such structure must be designed and approved for such occupancy. The Board of Supervisors shall not approve an overnight stay portion of a temporary use absent approval by the Chief of Police and Fire Chief having jurisdiction, proof of proper supervision and security and approval of the Building Inspector.
G.
Permit Fee. The applicant shall submit with any application for temporary use approval a nonrefundable application fee of $100 or such other amount as is set by resolution of the Board of Supervisors.
13.
Medical Marijuana Dispensary. Buffer distance: A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center.
§ 27-510 Solar Energy Systems and Solar Energy Farms.
[Ord. 331, 11/17/1999; as added by Ord. 390, 12/15/2011, § II.B]
1.
Applicability. This section applies to solar energy systems to be installed and constructed after the effective date of this section and to any upgrade, modification, expansion or structural change that increases the size or generating capacity or the placement of an existing solar energy system. Solar energy systems constructed and/or permitted prior to the effective date of this section shall not be required to meet the requirements of this section or any such upgrade, modification or structural change.
2.
General Requirements. Land development approval is not required for a solar energy system that is accessory to the principal use of the property on which the solar system is located and is not used for the generation of power for the transmission of energy to other properties. Land development approval is required for solar energy farms.
A.
All solar energy systems shall comply with the Pennsylvania Uniform Construction Code, 35 P.S. § 7210.101 et seq., and regulations promulgated by the Pennsylvania Department of Labor and Industry and any other applicable state, county or federal regulations.
B.
Solar energy facilities shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturer's or installers identification nameplate and any appropriate warning signs and placards may be displayed on the solar energy system.
3.
Requirements for Ground-Mounted Solar Energy Systems Installed as an Accessory Use.
A.
The solar energy system must meet the building height limitation applicable to accessory buildings in the zoning district where the solar energy system is to be installed, as set forth in the table at § 27-404.
B.
The solar energy system shall be set back at least a distance of 1.1 times the structure height from all property lines in a residential district and from any public or private roads. In no case shall a solar energy system be permitted within a front, side or rear yard setback. In addition, within a residential district, the solar energy system shall not be permitted closer to the front lot line than any part of the principal building.
C.
Any exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit.
D.
A solar energy system shall not be considered an accessory building.
E.
The surface area of a solar energy system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage. Of the allowable lot coverage, the surface area of a ground-mounted system shall not constitute more than 2% of the allowable lot coverage or 360 square feet, whichever is less.
F.
Any earth disturbances as a result of the installation or removal of the ground-mounted solar energy system shall be graded and re-seeded. The solar energy system and any mechanical equipment associated with the operation shall be screened from any adjacent property that is residentially-zoned or used for residential purposes. The screen shall consist of shrubbery, trees or other plantings, or fences or walls and shall meet all requirements for fencing and perimeter planting set forth in § 27-505, Subsection 2.
(1)
The plan describing the proposed screening shall be submitted to the Zoning Officer who shall determine whether the plan meets the requirements of § 27-505, Subsection 2. The Zoning Officer may, in his reasonable discretion, approve a screening plan which varies from the requirements of § 27-505, Subsection 2 due to topographical, soil, or other physical conditions at the property in question, but provides comparable screening to the abutting property feasible under the circumstances.
(2)
A chain link fence may not be used for screening under this section.
G.
The solar energy system shall not be constructed until after the principal building is in the process of being constructed and a building permit has been issued for the solar energy system.
H.
A solar system that has not been in active and continuous service for a period of one year shall be removed from the property.
I.
Noise from any solar energy system shall not be perceptible beyond the property line. The application for a permit for a solar energy system shall include an analysis of the decibel level and nature of any noise created by the system and the measurement of such as at the lot line.
4.
Roof-mounted Solar Energy Systems Installed as an Accessory Use.
A.
Roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof's structure with no additional apparent change in relief or projection, or separate flush-mounted solar panels attached to the roof's surface.
B.
Integrated or separate flush-mounted solar panels shall be located on a rear or side-facing roof, as viewed from the street upon which the building fronts within a residential zoning district, unless the proposed location prevents the system from operating as designed. Front-face installation may be permitted only upon approval by the Zoning Officer and upon proof that the following standards are met:
(1)
Topography or existing buildings prevent required access to sunlight.
(2)
Installation on a rear or side facing roof is not structurally feasible or is not in compliance with applicable building or fire code requirements. To the extent that the Zoning Officer requires the use of a professional consultant or other expert to address an application for a front-facing system, the cost of such professional or consultant shall be born by the applicant with an estimated amount paid in advance and any additional amount paid as a condition of a receipt of a permit.
(3)
The height of roof-mounted systems of principal buildings or accessory buildings shall not extend more than three feet above the finished roof to which it is mounted. In no instance shall any part of the system extend beyond the edge of the roof.
(4)
Solar panels shall be placed such that reflected glare shall not be directed onto nearby properties or public streets.
(5)
Any mechanical equipment located on the ground and associated with the operation of the solar energy system shall be screened from any adjacent property that is residentially-zoned or used for residential purposes. The screen shall consist of shrubbery, trees or other plant materials, or fences or walls.
(6)
A solar system that has not been in active and continuous service for a period of one year shall be removed from the roof if not an integral part of the roof.
(7)
Noise from any solar energy system shall not be perceptible beyond the property line. The application for a permit for a solar energy system shall include an analysis of the decibel level and nature of any noise created by the system and the measurement of such as at the lot line.
(a)
The Zoning Officer shall review and approve or disapprove the noise analysis that is submitted, or approve it with conditions. The Zoning Officer may utilize noise consultants or experts, with the cost of such consultants or experts being reimbursable to the Township by the applicant.
(8)
The design of the solar energy system shall to the extent reasonably possible use materials, colors, textures, screen and landscaping that will blend the facility into the natural setting and existing environment, with colors being of a neutral and non-reflective tone.
5.
Nonresidential Solar Energy Systems.
[Amended by Ord. No. 444, 9/21/2023]
A. ACCESSORY BUILDING GLARE GROUND-MOUNTED SOLAR ENERGY SYSTEM PRINCIPAL SOLAR ENERGY (PSES) SOLAR EASMENT SOLAR ENERGY SOLAR ENERGY SYSTEM SOLAR-RELATED EQUIPMENT(1) (2) (3)
Definitions. The following words, terms, and phrases, when used in this subsection, unless the context indicates otherwise, shall have the following meanings ascribed to them:
A building which:
The effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
A solar energy system that is directly installed on solar racking systems, which are attached to an anchor in the ground and wired to connect to an adjacent building. Ground-mounted systems may be appropriate when insufficient space, structural and shading issues, or other restrictions prohibit rooftop solar.
An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more freestanding ground- or roof-mounted, solar collector devices, solar-related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers; substations; electrical infrastructure; transmission lines and other appurtenant structures. Typically, principal systems are rated over 10 KW (kilowatt).
A negotiated legal agreement between affected parties that is designed to protect a landowner's access to sunlight when installing a solar system. Solar easements are not enforceable through a zoning or permitting process.
Radiant energy (direct, diffuse, and/or reflective) received from the sun.
An energy system that consists of one or more solar collection devices, solar-energy-related balance of system equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy.
Items including a solar photovoltaic cell, module, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used or intended to be used for collection of solar energy.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
B.
Principal Solar Energy Systems (PSES).
(1)
Regulations Applicable to All Principal Solar Energy Systems:
(a)
PSES shall be permitted as a conditional use in the I-1 General Industrial Zoning District only and prohibited in all other zoning districts.
(b)
Exemptions.
1)
PSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this subsection. Any physical modification to any existing PSES, whether or not existing prior to the effective date of this section that expands the PSES shall require approval under this subsection. Routine maintenance or replacements do not require a permit.
(c)
The PSES layout, design and installation shall conform to applicable industry standards, such as those of American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the Township's Building Code, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.
(d)
All on-site utility transmission lines and plumbing shall be placed underground to the greatest extent feasible.
(e)
The owner of a PSES shall provide the Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system and approved of such connection. The owner shall provide a copy of the final inspection report or other final approval from the utility company to the Township prior to the issuance of a certificate of use and occupancy for the PSES.
(f)
If a PSES is being used as an accessory use for commercial/industrial activity on another property, then the Township shall be informed of the intent of the PSES.
(g)
A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.
(h)
Signage shall comply with the prevailing sign regulations.
(i)
All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.
(j)
Decommissioning.
1)
The PSES owner is required to notify the Township upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
2)
The PSES owner shall then have 12 months in which to dismantle and remove the PSES including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established timeframes, the Township may complete the decommissioning at the owner's expense.
3)
At the time of issuance of the permit for the construction of the PSES, the owner shall provide financial security in the form and amount acceptable to the Township to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original. This amount shall be returned if the owner dismantles and removes the PSES to the satisfaction of the Township.
4)
The facility owner or operator shall post and maintain decommissioning funds in an amount (100% or 110%) of the identified decommissioning costs, as adjusted over time. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth and is approved by Harmar Township.
(k)
All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
(2)
Ground-Mounted Principal Solar Energy Systems:
(c)
Height.
1)
Ground-mounted PSES shall comply with the building height restrictions for principal buildings of the applicable zoning district; or
2)
Ground-mounted PSES shall comply with the accessory building height restrictions for the applicable zoning district; or
3)
Ground-mounted PSES shall not exceed 15 feet in height.
(d)
Impervious Coverage.
1)
The area beneath the ground-mounted PSES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the overall lot coverage requirement for the applicable zoning district; or
2)
The following components of a PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the underlying zoning district:
3)
The surface area of the arrays of a ground-mounted PSES, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the overall lot coverage requirement for the applicable zoning district.
(e)
Stormwater.
1)
The applicant shall submit a stormwater management plan that demonstrates stormwater from the PSES will infiltrate into the ground beneath the PSES at a rate equal to that of the infiltration rate prior to the placement of the system.
2)
PSES owners are encouraged to use low-maintenance and/or low-growing vegetative surfaces under the system as a best management practice for stormwater management.
(f)
Screening.
1)
Ground-mounted PSES shall be screened from adjoining residential uses or zones according to the standards found in the controlling ordinance; or
2)
Ground-mounted PSES shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a fence that provides visual screening and meets requirements of the controlling ordinance may be used.
(g)
Ground-mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(h)
Security.
1)
All ground-mounted PSES shall be completely enclosed by fencing that consists of a minimum eight-foot-high fence with a locking gate, or as designated by the Township.
2)
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.
(i)
Access drives are required to allow for maintenance and emergency management vehicles. A recommended minimum cartway width is 14 feet.
(j)
If a ground-mounted PSES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system must be graded and reseeded.
(3)
Roof-Mounted Principal Solar Energy Systems:
(a)
The owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of holding the load of the PSES.
(b)
PSES mounted on roofs of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within the applicable zoning district.
(c)
Solar panels shall not extend beyond any portion of the roof edge.
C.
Administration and Enforcement.
(1)
Applications.
(a)
Permit applications shall document compliance with this subsection and shall be accompanied by drawings showing the location of the solar energy system on the building or property, including property lines. Permits must be kept on the premises where the solar energy system is located.
(b)
The permit shall be revoked if the solar energy system, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the solar energy system not to be in conformity with this subsection.
(c)
The solar energy system must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.
(d)
An approved land development plan shall accompany all permit applications.
(2)
Fees and Costs.
(a)
The applicant shall pay all permit application fees and inspection fees when seeking approval of a solar energy system under this subsection.
(b)
The applicant shall, prior to receipt of an approved permit, reimburse the Township for any actual fees or costs incurred arising out of or related to the application (collectively, the "costs"). The costs shall include, but not be limited to, engineering, zoning officer, building code official and legal fees.
(3)
Enforcement. Any person, partnership, or corporation who or which has violated the provisions of this subsection shall, upon being found liable therefor in a civil enforcement initially brought before a district justice by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgement pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.
6.
Fees and Costs. The application for a solar energy system as an accessory use or solar energy form shall be accompanied by such fee as may be set from time to time by resolution of the Board of Supervisors. The applicant shall also, in addition to the fee, be required to reimburse the Township for all actual costs it incurs in the form of engineer, legal or consultant expenses to review the application.[1]
§ 27-511 Nonresidential Wind Energy Systems.
[Ord. 331, 11/17/1999; as added by Ord. 390, 12/15/2011, § II.B; as amended by Ord. No. 445, 9/21/2023]
1. FACILITY OWNER FLICKER GROUND CLEARANCE HUB HEIGHT METEOROLOGICAL TOWER NONPARTICIPATING LANDOWNERS OCCUPIED BUILDING OPERATOR PARTICIPATING LANDOWNER ROTOR SHADOW FLICKER TOTAL HEIGHT TOWER WIND ENERGY FACILITYA. B. WIND TURBINE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The entity or entities having a legal or equitable interest in the wind energy facility, including the respective successors and assigns.
A repeating cycle of changing light intensity.
The minimum distance between the ground and any part of the wind turbine blade, as measured from the lowest point of the arc of the blades.
The distance measured from the surface of the tower foundation to the highest point of the wind turbine hub, to which the blade is attached.
A tower used for the measurement of wind speed.
Any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
A residence, school, hospital, church, public library, commercial building or other building used for public gathering that is in use when the permit application is submitted.
The entity responsible for the day-to-day operation and maintenance of the wind energy facility.
A landowner upon whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
That portion of the wind turbine, i.e., blades and associated hub and shaft, which is intended to be moved or activated by the wind.
Alternating changes in light intensity caused by a moving wind rotor blade casting shadows on the ground and stationary objects.
When referring to a wind turbine, the distance measured from the surface of the tower foundation to the highest point of a wind rotor blade when the blade is positioned at 90° to the surface of the ground.
The supporting structure of a wind turbine on which a rotor and accessory equipment are mounted. The basic types of towers include self-supporting (freestanding) or guyed.
An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmissions lines and other appurtenant structures and facilities.
ACCESSORY WIND ENERGY FACILITYA system designed as a secondary use on a lot, wherein the power generated is used primarily for on-site consumption.
PRINCIPAL WIND ENERGY FACILITYA system designed as the primary use on a lot, wherein the power generated is used primarily for off-site consumption.
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
2.
Accessory Wind Energy Facilities (AWEF).
A.
Requirements for All AWEF.
(1)
Accessory wind energy facilities (AWEF) shall be permitted in I-1 General Industrial Zoning District only as an accessory use. AWEF shall be prohibited in all other zoning districts.
(2)
Applications for such uses shall be subject to the requirements set forth herein, as well as all other applicable state or federal regulations.
(3)
Notwithstanding any other provision of this section, all AWEFs must comply with the Harmar Township Airport Zoning Ordinance.
(4)
Permit Exemptions.
(a)
AWEF constructed prior to the effective date of this section shall not be required to meet the requirements of this section.
(b)
With respect to an existing AWEF, any physical modification that materially alters the size, type and number of wind turbines or other equipment shall require approval under this section and meet the requirements of the Uniform Construction Code. Like kind replacements shall not require a building or zoning permit modification.
(5)
The layout, design, and installation of AWEF should conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society of Testing and Materials (ASTM), or other pertinent certifying organizations and comply with the PA Uniform Construction Code and all applicable building and electrical codes of Harmar Township. The manufacturer specifications shall be submitted as part of the application.
(6)
Number of AWEF permitted on lots with both ground- and building-mounted AWEF.
(a)
A lot may have any number of building-mounted and ground-mounted AWEF assuming all other requirements of this section are satisfied.
(7)
Noise.
(a)
The sound produced by the AWEF shall not exceed 45 dBA as measured at the property line at ground level.
(b)
Noise limits may be exceeded during short-term events such as utility outages and/or severe windstorms.
(c)
Methods for measuring and reporting acoustic emissions from PWEF shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association (AWEA) Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier," as amended.
(8)
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall comply with the accessory building requirements of the underlying zoning district.
(9)
The owner of an AWEF shall provide Harmar Township written confirmation that the public utility company to which the AWEF will be connected has been informed of the customer's intent to install a grid-connected system and approved of such connection. Off-grid AWEF shall be exempt from this requirement.
(10)
All on-site utility, transmission lines, and cables shall be placed underground.
(11)
The display of advertising is prohibited except for identification of the manufacturer of the system.
(12)
AWEF shall not be lighted except for any lighting required to comply with Federal Aviation Administration (FAA) or Pennsylvania Department of Transportation Bureau of Aviation (BOA) regulations.
(13)
AWEF shall be painted a nonreflective, flat color such as white, off-white, or gray unless required to be colored differently from FAA or BOA regulations.
(14)
AWEF shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
(15)
An AWEF shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property.
(16)
No part of any AWEF shall be located within or above the required setbacks of any lot, extend over parking areas, access drives, driveways or sidewalks.
(17)
The owner of the AWEF shall provide evidence that the owner's insurance policy has been endorsed to cover an appropriate level of damage or injury that might result from the installation and operation of the small wind energy system.
(18)
The potential ice throw or ice shedding for an AWEF shall not cross the property line of the lot on which the AWEF is located nor impinge on any right-of-way or overhead utility line.
(19)
The owner of the AWEF shall ensure that the design and operation avoid disruption or loss of radio, telephone, television, cell, internet, or similar signals, and shall mitigate any harm caused thereby.
(20)
Decommissioning.
(a)
Each AWEF and related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner and/or operator, or upon termination of the useful life of same.
(b)
The AWEF shall be presumed to be discontinued or abandoned if no electricity is generated by such AWEF for a period of 12 continuous months.
(c)
The owner shall deposit adequate security with Harmar Township to pay any decommissioning costs, including land reclamation or restoration costs upon approval of the application to build. The amount of said security shall be enough to satisfy the Township and shall be returned to the owner upon completion of decommissioning, less costs incurred by the Township.
(21)
Permit Requirements.
(a)
Zoning/building permit applications for accessory wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer. Permits shall show the location of the AWEF on the lot, lot lines, rights-of-way, adjoining occupied buildings, and aboveground utility lines located on the lot. Permits must be kept on the premises where the AWEF is constructed.
(b)
The zoning/building permit shall be revoked if the AWEF, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the AWEF not to be in conformity with this section.
(c)
For standard soil conditions (not including gravel, sand, or muck), foundations developed by the wind turbine manufacturer shall be acceptable for AWEF installations of 20 kW or less and will not require project-specific soils studies. Applicants proposing projects involving substandard soil conditions or installations of AWEF greater than 20 kW may be required by the Zoning Officer to submit detailed soil studies.
(d)
The AWEF must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the AWEF to conform or to remove the AWEF.
B.
Requirements for Ground-Mounted AWEF.
(1)
Ground-mounted AWEF may be placed on lots of any size assuming they meet the height and setback restrictions found in this section.
(2)
Height for Ground-Mounted AWEF.
(a)
AWEF shall not exceed 100 feet in height. If a lower zoning restriction is in place at the site, then the lower restriction applies; or the minimum ground clearance for the AWEF shall be 15 feet.
(b)
Applicants shall file a notice of proposed construction or alteration with the BOA and the FAA for any AWEF that is more than 100 feet in height or in a designated Airport Hazard Overlay Zone. Applicant shall provide evidence from either FAA or BOA acknowledging that the ground-mounted AWEF does not adversely affect the airspace of any airports.
(3)
Setbacks for Ground-Mounted AWEF.
(a)
AWEF shall be set back from property lines, occupied buildings, aboveground utility lines, railroads and/or road rights-of-way by a distance equal to no less than two times the total height.
(b)
AWEF shall be allowed closer to a property line than the prescribed setbacks if the abutting property owner(s) grants written permission in the form of a signed easement and the installation poses no interference with public utility lines, public roads and rail rights-of-way.
(4)
Number of Ground-Mounted AWEF allowed per lot.
(a)
The number of ground-mounted AWEF permitted on a lot shall be based upon lot size and follow the schedule below
Lot Size | Maximum Number of Ground-Mounted AWEF Per Lot |
|---|---|
<1 acre to 5 acres | 1 |
5+ acres to 10 acres | 2 |
10+ acres | 3 |
(5)
Location.
(a)
Ground-mounted AWEF are prohibited in front yards, between the principal building and the public street.
(6)
Safety and Security.
(a)
The owner shall post electrical hazard warning signs on or near the AWEF.
(b)
Ground-mounted AWEF shall not be climbable up to 15 feet above ground surface.
(c)
Access doors to any AWEF electrical equipment shall be locked to prevent entry by unauthorized persons.
(d)
All AWEF shall be surrounded by a minimum six-foot-high fence with a locking gate.
C.
Requirements for Building-Mounted AWEF.
(1)
Building-mounted AWEF may be located on any lot regardless of size.
(2)
Building-mounted AWEF shall comply with the height restrictions of the underlying zoning district.
(3)
There is no limit on the number of building-mounted AWEF assuming that the building is capable of supporting the load of the AWEF.
(4)
For building-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building codes of Harmar Township indicating the building is capable of holding the load imposed on the structure.
3.
Principal Wind Energy Facilities (PWEF).
A.
Design and Installation.
(1)
Principal wind energy facilities (PWEF) shall be permitted by special exception/conditional use in the Agricultural and Industrial Zoning District(s). Applications for such uses shall be subject to the requirements set forth below, as well as all other applicable state or federal regulations.
(2)
Permit Requirement and Exemptions.
(a)
PWEF constructed prior to the effective date of this section shall not be required to meet the requirements of this section;
(b)
With respect to an existing PWEF, any physical modification that materially alters the size, type and number of wind turbines or other equipment shall require conditional use/special exception approval under this section and meet the requirements of the UCC. Like kind replacements shall not require a permit modification.
(3)
The layout, design, and installation of PWEF shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society of Testing and Materials (ASTM), or other pertinent certifying organizations and comply with all applicable building and electrical codes of Harmar Township. The manufacturer specifications shall be submitted as part of the application.
(4)
Applicants shall submit land development and/or subdivision plans which shall be compliant with all land development/subdivision ordinance requirements of the Harmar Township.
(5)
The applicant shall provide sufficient documentation showing that the PWEF will comply with all applicable requirements of the Federal Aviation Administration (FAA) and the Commonwealth Bureau of Aviation.
(6)
The PWEF shall provide Harmar Township with written confirmation that the public utility company to which the PWEF will be connected has been informed of the intent to install a grid-connected system and approved of such connection.
(7)
All PWEF shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip and other systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(8)
Visual Appearance.
(a)
All on-site utility, transmission lines, and cables shall be placed underground.
(b)
PWEF shall be painted a nonreflective, flat color such as white, off-white, or gray unless required to be colored differently from FAA or BOA regulations.
(c)
PWEF shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall seek to minimize the disturbance to the surrounding views.
(d)
The display of advertising is prohibited except for identification of the manufacturer of the system, facility owner and operator.
(e)
Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the PWEF.
(f)
No PWEF shall be installed at any location that would substantially detract from or block the view of the major portion of a recognized scenic vista, as viewed from any public road right-of-way or publicly accessible parkland or open space within the Harmar Township.
(g)
Accessory Buildings, Structures, Mechanical Equipment.
1)
Accessory structures and equipment associated with PWEF shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the Zoning Ordinance may be used.
2)
The design of accessory buildings and related structures shall, to the extent reasonable, use materials, colors, textures, screening and landscaping that will blend the structures into the natural setting and existing environment.
(9)
Warnings and Safety Measures.
(a)
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(b)
All access doors to PWEF, including electrical equipment, outbuildings and all appurtenances thereto, shall be locked or fenced, as appropriate, to prevent entry by nonauthorized personnel.
(c)
Wind turbines shall not be climbable up to 15 feet above ground surface or the climbing apparatus shall be fully contained and locked within the tower structure.
(d)
A minimum six-foot-high fence with a locking gate shall be placed around the PWEF. The fence may not be within the required setback.
(e)
Visible, reflective, colored objects, such as flags, reflectors or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(f)
The potential ice throw or ice shedding for a PWEF shall not cross the property line of the lot on which the PWEF is located nor impinge on any right-of-way or overhead utility line.
(g)
The applicant will provide a copy of the project summary and site plan to local emergency services.
(h)
The facility owner and/or operator shall abide by all applicable local, state and federal fire code and emergency guidelines. Upon request the applicant, the facility owner and/or operator shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the PWEF.
B.
Zoning Requirements.
(1)
Lot Size.
(a)
In order for a tract(s) of land to be eligible for a PWEF, it must have a minimum lot size derived as follows: (2 acres x number of wind turbines) + 18 acres = minimum lot size.
(b)
Wind turbines shall be separated from each other by a minimum of 1.1 times the total height of the highest wind turbine.
(2)
Setbacks.
(a)
Wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for the zoning district or two times its total height, whichever is greater.
(b)
Wind turbines shall be set back from an occupied building, on a nonparticipating landowner's property, not less than five times its total height measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(c)
Wind turbines shall be set back from an occupied building on a participating landowner's property not less than 1.5 times its total height measured from the center of the wind turbine base to the nearest point of foundation of the occupied building. Any operator/occupied building used in connection with the development are exempt from this distance limit.
(d)
Wind turbines shall be set back from the nearest public road right-of-way a distance of not less than the normal setback requirements for the zoning district or two times its total height, whichever is greater as measured from the right-of-way line to the center of the wind turbine base.
(e)
Each wind turbine shall be set back from aboveground electric power lines, public telephone lines and television cable lines a distance of no less than 2.0 times its total height. The setback distance shall be measured from the center of the wind turbine generator base to the nearest point of such lines.
(f)
All wind turbines shall be setback from any ridge a distance of not less than the wind turbine's total height. For this provision, "ridge" shall be defined as the elongated crest or series of crests at the uppermost point of intersection between opposite slopes of a mountain and including all land lying between such point and an elevation 250 feet below the elevation of such point.
(g)
Wind turbines shall be set back at least 2,000 feet from Important Bird Areas as identified by Pennsylvania Audubon and at least 1,500 feet from identified wetlands.
(h)
Each wind turbine shall be set back from the Appalachian Trail and any historic structure, district, site or resource listed in the state inventory of historic places maintained by the Pennsylvania Historical and Museum Commission a distance no less than 2,500 feet. The setback distance shall be measured from the center of the wind turbine generator base to the nearest point on the foundation of an historic building, structure or resource, or the nearest property line of an historic district or site or the Appalachian Trail.
(i)
Accessory buildings, structures, and related equipment to the PWEF shall comply with the accessory building setback requirements of the underlying zoning district or be a minimum of 15 feet from the side and rear property line, whichever is greater.
(3)
Waiver of Setbacks.
(a)
Property owners may waive the setback requirements for occupied buildings on nonparticipating landowner's property and property lines by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.
(b)
The written waiver shall notify the property owner(s) of the setback required by this section, describe how the proposed PWEF is not in compliance, and state that consent is granted for the facility to not be set back as required by this section.
(c)
Any such waiver shall be recorded in the Recorder of Deeds Office for the County where the property is located. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.
(5)
No PWEF shall be located on a lot of record containing slopes equal to or exceeding 15% on 50% or more of a lot of record. This standard shall apply to each lot where a PWEF extends across multiple lots of record.
C.
Operational Standards.
(1)
Use of Public Roads.
(a)
The applicant shall identify all state and local public roads to be used within Harmar Township to transport equipment and parts for construction, operation or maintenance of the PWEF.
(b)
Harmar Township's engineer, or a qualified third-party engineer hired by Harmar Township and paid for by the applicant (or an engineer hired by a municipality that owns the road in question, or PennDOT, as the case requires), shall document public road conditions prior to construction of the PWEF. The engineer shall document road conditions within 30 days after construction of the permitted project is complete, or as soon thereafter as weather may allow.
(c)
Harmar Township (or the road owner) shall require applicant to secure a bond for the road(s) to be used within Harmar Township in compliance with applicable regulations at an amount consistent therewith; or, if not provided by regulation, an amount set at the discretion of the governing body in consultation with Harmar Township engineer.
(d)
Any road damage caused by the applicant, facility owner, operator, or contractors shall be promptly repaired to Harmar Township's (or the road owner's) satisfaction at the expense of the applicant and/or facility owner.
(e)
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged public roads.
(f)
Every effort should be made to use existing roads and logging roads. New deforestation and forest fragmentation should be kept to a minimum. Private entrance roads to PWEF must be maintained in a mud-free condition.
(2)
Noise.
(a)
Audible sound from a PWEF shall not exceed 45 dBA, as measured at the exterior of any occupied building on a nonparticipating adjoining landowner's property.
(b)
Noise limits may be exceeded during short-term events such as utility outages and/or storms.
(c)
Methods for measuring and reporting acoustic emissions from PWEF shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association (AWEA) Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier," as amended.
(3)
A wind turbine shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located.
(4)
Shadow Flicker.
(a)
A PWEF shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property.
(b)
A PWEF shall be designed in such a manner as to minimize shadow flicker on a roadway.
(c)
The facility owner and operator shall conduct, at the applicant's expense, a modeling study demonstrating that shadow flicker shall not occur on any occupied building on a nonparticipating property.
(5)
Waiver of Noise and Shadow Flicker Provisions.
(a)
Nonparticipating landowners may waive the noise and shadow flicker provisions of this section at the request of the participating landowners or PWEF owner by signing a waiver of their rights.
(b)
The written waiver shall notify the nonparticipating landowner(s) of the sound or flicker limits in this section, describe the impact on the nonparticipating landowner(s), and state that the consent is granted for the PWEF to not comply with the sound or flicker limit in this section.
(c)
Any such waiver shall be recorded in the Recorder of Deeds Office of the county where the property is located. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.
(6)
Facility owner and/or operator shall ensure that the design and operation of any PWEF avoids disruption or loss of radio, telephone, television, cell, internet or similar signals, and shall mitigate any harm caused thereby.
(7)
The applicant shall provide a proposed foundation design and analysis of soil conditions by a professional engineer.
(8)
Public Inquiries and Complaints.
(a)
The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
(b)
The facility owner and operator shall make efforts to respond to the public's inquiries and complaints.
(c)
The facility owner and/or operator shall keep a record of all such inquiries and complaints and shall submit a report thereof to Harmar Township in a timely fashion.
(9)
A PWEF owner shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. A certificate of insurance shall be made available to the Harmar Township upon request.
(10)
Decommissioning.
(a)
Disturbed earth shall be graded, re-seeded and/or reforested to reclaim the site back to its predevelopment condition, based on the subdivision/land development plan or documented predevelopment condition, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(b)
An independent and certified professional engineer shall be retained to estimate the cost of decommissioning without regard to salvage value of the equipment. Said estimates shall be submitted to Harmar Township after the first year of operation and every fifth year thereafter.
(c)
The facility owner or operator shall post and maintain decommissioning funds in an amount (100% or 110%) of the identified decommissioning costs, as adjusted over time. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth and is approved by Harmar Township.
(d)
Decommissioning funds may be in form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to Harmar Township.
(e)
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection 2A(20)(a) above, then the landowner shall have six months to complete the decommissioning.
(f)
If neither the facility owner or operator, nor the landowner complete decommissioning within the periods described Subsection 2A(20)(a) above, then Harmar Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to Harmar Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Harmar Township may take such action as necessary to implement the decommissioning plan.
(g)
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and Harmar Township concurs that decommissioning has been satisfactorily completed, or upon written approval of Harmar Township in order to implement the decommissioning plan.
D.
Application Requirements. A conditional use application for a PWEF shall include the following:
(1)
A narrative describing the proposed PWEF, including an overview of the project, the project location, the approximate generating capacity of the PWEF, the approximate number, representative types and height or range of heights of wind turbines to be constructed including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
(2)
An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and the operation of the PWEF and setting forth the applicant's and property owner's name, address, and phone number.
(3)
Identification of the properties on which the proposed PWEF will be located, and the properties adjacent to where the PWEF will be located.
(4)
A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the PWEF to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines and layout of all structures within the geographical boundaries of any applicable setback.
(6)
A wind resource study shall be submitted documenting wind resources at the site. The study shall include but is not limited to data showing average wind speeds capable of generating electricity and the available capacity to transmit the electricity into the power grid.
(9)
Other relevant studies, reports, certifications and approvals as required by this section or as may be requested by the Harmar Township to ensure compliance with this section.
(10)
Throughout the permit process, the applicant shall promptly notify Harmar Township of any changes to the information contained in the conditional use permit application. Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.
4.
Administration and Enforcement.
A.
Applications.
(1)
Permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the wind energy system on the building or property, including property lines. Permits must be kept on the premises where the wind energy system is located.
(2)
The permit shall be revoked if the wind energy system, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the wind energy system not to be in conformity with this section.
(3)
The wind energy system must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.
(4)
An approved land development plan shall accompany all permit applications.
B.
Fees and Costs.
(1)
The applicant shall pay all permit application fees and inspection fees when seeking approval of a wind energy system under this section.
(2)
The applicant shall, prior to receipt of an approved permit, reimburse the county for any actual fees or costs incurred arising out of or related to the application (collectively the "costs"). The costs shall include, but not be limited to, engineering, zoning officer, building code official and legal fees.
C.
Enforcement.
(1)
Any person, partnership, or corporation who or which has violated the provisions of this section shall, upon being found liable therefor in a civil enforcement initially brought before a district justice by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgement pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.
§ 27-512 Communications Towers and Antennas.
[Added by Ord. No. 434, 7/18/2019]
1.
Purpose. The purposes of this section include a desire to establish reliable standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of wireless communications facilities in recognition of the federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996);[1] 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 FCC Declaratory Ruling and Third Report and Order, WT Docket 17-79, WC Docket 17-18, adopted September 26, released September 27, 2018; and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq., in the Township of Harmar ("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 communications facilities in providing high-quality communications service and enhancement to its residents, businesses and emergency service providers, the Township also recognizes that it has an obligation to protect public safety through the standards set forth in the following provisions.
[1]
Editor’s Note: See 47 U.S.C. § 251 et seq.
2. ACCESSORY EQUIPMENT ANTENNA BASE STATIONA. B. C. D.
COLLOCATION DISTRIBUTED ANTENNA SYSTEM (DAS) ELIGIBLE FACILITIES REQUEST ELIGIBLE SUPPORT STRUCTURE EQUIPMENT COMPOUND FT. WORTH ATTACHMENT MINIMUM FUNCTIONAL HEIGHT MODIFICATION MONOPOLE REPLACEMENT RIGHT-OF-WAY (ROW) SITE SMALL WIRELESS FACILITIES (also referred to herein as "Small Cells")A. (1) (a) (b) (c) (2) (3) (4) (5) (6) B. STEALTH TECHNOLOGY STRUCTURE SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGEA. B. C. D.
TOWER TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF) TRANSMISSION EQUIPMENT WCF ON EXISTING STRUCTURE WIRELESS WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS SUPPORT STRUCTURE
Definitions. The definitions found herein apply only to wireless communications facilities and the regulations found in this section.
Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar equipment. [53 P.S. § 11702.2]
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
A structure or equipment at a fixed location that enables Federal Communications Commission licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this section or any equipment associated with a tower.
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., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmissions) such as microwave backhaul.
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).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this section, supports or houses equipment described in Subsections A and B of this definition 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.
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 Subsection A or B of this definition.
[47 CFR 1.6100(b)(1)] |
The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. [47 CFR 1.6100(b)(2)]
A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.
Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving i) collocation of new transmission equipment; ii) removal of transmission equipment; or iii) replacement of transmission equipment. [47 CFR 1.6100(b)(3)]
Any tower or base station, provided that it is existing at the time the relevant application is filed.
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located. [53 P.S. § 11702.2]
A nonfreestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.
Minimum height necessary for a WCF to function satisfactorily.
The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure. [53 P.S. § 11702.2] The replacement of a pole is not a modification.
A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.
The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure. [53 P.S. § 11702.2]
The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, commonwealth, municipality or municipal authority, and any nonexclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. [47 CFR 1.6100(b)(6)]
Consistent with 47 CFR, facilities that meet each of the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height, including their antennas as defined in 47 CFR 1.1320(d); or
Are mounted on structures no more than 10% taller than other adjacent structures; or
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of "antenna" in 47 CFR 1.1320(d)], is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
DAS will constitute a type of small wireless facility, if meeting the conditions stated above.
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 flagpoles, and eliminating, minimizing or hiding wires, equipment installed on or near monopoles or wireless support structures in connection with antennas placed thereon.
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
For towers other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, 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.
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, 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.
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 cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current site.
[47 CFR 1.6100(b)(7)] |
Any structure that exceeds 10 feet in height and is built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flagpole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities, as well as a Ft. Worth attachment, shall not be considered a tower. [47 CFR 1.6100(b)(9)]
Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flagpole or other similar structure) to support the weight of a WCF is not considered a new tower-based WCF.
Equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a microwave backhaul. [47 CFR 1.6100(b)(8)]
Wireless communications facilities located on existing structures such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the municipality. [53 P.S. § 11702.2]
3.
Zoning District Regulations for Wireless Communications Facilities (WCF).
C.
Tower-based WCFs within the ROW are permitted as of right, subject to application requirements stated herein, in the C-2, C-3 and I Districts, provided that the following criteria are all met:
(1)
The WCF is a small wireless facility.
(2)
The WCF's nonantenna accessory equipment is all underground or pole-mounted.
D.
Non-tower-based WCFs are permitted by right, subject to application requirements stated herein in all districts, except that:
(1)
No non-tower-based WCFs shall be located, in any zoning district, on a single-family attached dwelling, single-family detached dwelling, townhouse or structure accessory to any of the above; and
(2)
No ground-mounted equipment shall be located on a lot in a residentially zoned district unless the equipment is screened by landscaping and plantings or other decorative features so as to be substantially screened from the street or from any abutting property.
E.
Eligible facilities requests that do not substantially change the tower or base station are permitted by right in all zoning districts.
4.
Bulk and area requirements. The following requirements shall apply to WCFs and shall supersede any conflicting or inconsistent similar requirements of the underlying zoning district.
Tower-Based WCFs | |||
|---|---|---|---|
WCF out of ROW | WCF in ROW | ||
Height | Tower-based WCFs shall be designed to minimum functional height but not to exceed 200 feet, except that the height limitation shall not apply to towers located on Township-owned property. Applicants must submit documentation justifying the total height, by reference to relevant conditions such as location, topography, nearby structures, network configuration, level of service, etc. Equipment buildings, cabinets and accessory structures shall not exceed 15 feet in height | Tower-based WCFs shall be designed to minimum functional height, not to exceed 50 feet. Applicants must submit documentation justifying the total height, by reference to relevant conditions such as location, topography, nearby structures, network configuration, level of service, etc. | |
Lot size | Only use on lot: | Subject to underlying zoning district. | Not applicable |
Combined with another use on lot: | Subject to underlying zoning district. Area needed to accommodate the WCF and guy wires (if approved), equipment building or cabinets, security fence, and buffer planting must not extend outside the lot. | Not applicable | |
Setbacks | Towers: | Setback from property lines at least 100% of the combined height of the wireless support structure and antenna, or the applicable minimum building setback in the underlying zoning district, whichever is greater | Not applicable |
Equipment, guy anchors, buildings/cabinets: | Subject to applicable minimum building setback in the underlying zoning district. | Not applicable. | |
Location | Towers, equipment buildings/cabinets | Shall not be located between front facade of the principal structure and the street the lot fronts on, except for equipment cabinets located underground. | Not applicable |
Non-Tower-Based WCFs | |||
|---|---|---|---|
WCF out of ROW | WCF in ROW | ||
Height | On building or similar structure | WCF shall not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a variance | Not applicable. |
On electrical transmission towers, street lights, utility poles, traffic signals, signs and similar structures: | WCF shall not exceed a height of 5 feet above the supporting structure. | WCF located above the surface grade shall be designed at the minimum functional height and shall not exceed a height of 5 feet above the supporting structure. Pole-mounted equipment and components shall not be placed so low as to be a hazard to motorists or pedestrians. | |
Setbacks | Mounted antenna: | Not applicable. | Not applicable. |
Equipment buildings/cabinets: | WCF equipment buildings/cabinets shall comply with the applicable minimum building setback requirements in the underlying zoning district | Not applicable | |
Lot size | Subject to applicable minimum lot size in the underlying zoning district. | Not applicable. | |
5.
Design, Construction and Operations.
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.
B.
Subdivision plan approval is not required for WCF installation.
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.
Collocation. All tower-based WCFs where the tower is more than 50 feet in height, located outside of the right-of-way, shall be designed to accommodate both the applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs more than 50 feet in height, the applicant shall agree to allow other service providers to collocate antennas on the tower where technically and economically feasible.
E.
Signage.
(1)
All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising, shall not protrude from the tower or WCF, and is subject to approval by the Township.
(2)
For tower-based WCFs outside of the right-of-way, the sign shall not exceed two square feet in area. For all other WCFs, the sign shall be limited to the maximum necessary size to provide the required information in a readable manner.
F.
Lighting. Towers shall not be artificially lighted beyond what is required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect to surrounding properties as is permissible while still meeting state or federal requirements.
G.
Noise. All WCFs shall be operated and maintained so as not to produce any noise that is perceptible from any property line of any residentially zoned property. The use of a backup generator is prohibited except that in emergency situations and for periodic maintenance and testing by the wireless communications provider's technicians, such use shall be permitted, where such noise standards may be exceeded on a temporary basis, with the requirement that the provider shall provide to the Township written notice of the use of the backup generator, at least one week in advance if feasible.
H.
Vehicular Access.
(1)
An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access to all tower-based WCFs located outside of the right-of-way.
(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)
An applicant shall present documentation to the Township that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.
(6)
Any required access easement shall be a minimum of 20 feet in width, and the access driveway shall be improved with a dust-free, all-weather surface, including gravel, to a width of at least 10 feet 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 or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.
I.
Fencing. A security fence, which may include barbed wire, with a minimum height of eight feet may be required to surround any tower-based WCF located outside the right-of-way, where the tower is more than 50 feet in height, including guy wires, associated equipment, and buildings.
J.
Safety in Rights-of-Way.
(1)
Schedule of Operations. The Township shall determine the time, place and manner of siting, design, construction, maintenance, repair, modification, removal and/or replacement of all WCFs located in the right-of-way, based on public safety, traffic management, physical burden on the right-of-way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[2]
[2]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(2)
Alteration of WCFs. Within 60 days following written notice from the Township, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF located in the right-of-way 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 have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:
(a)
The construction, repair, maintenance or installation of any municipal or other public improvement located 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.
(d)
An emergency as determined by the Township.
(e)
No permit is required for such removal, relocation, change or alteration ordered by the Township.
(3)
Visual Obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within three feet of the edge of cartway.
K.
Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.
L.
Soil Report. An applicant for a tower-based WCF where the new tower is more than 40 feet in height shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, which shall be submitted to the Township Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used. This requirement shall not apply to direct-bury wood poles.
M.
Aviation Safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.
N.
Inspections for All WCFs More Than 50 Feet in Height.
(1)
A copy of any required inspection report shall be provided to the Township following the inspection. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Township, or sooner if emergency or urgent repairs are required.
O.
Equipment Storage. The storage of unused equipment or supplies is prohibited on any WCF site.
P.
Historic Sites. No WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or has been given an historic designation by the Township. This prohibition may be waived by the Board of Supervisors if the applicant can demonstrate that the proposed location is less visually obtrusive than other potential sites. This prohibition shall not apply to a WCF installation permitted by FCC regulations.
Q.
Tower-based WCFs outside of the ROW in excess of 50 feet in height shall be equipped with a twenty-four-hour security system.
6.
Aesthetics, Landscaping, and Screening.
A.
Stealth Technology.
(1)
All WCFs shall employ the most current stealth technology available, where appropriate and technically feasible, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Ground-mounted equipment, buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable, with landscaping or other screening provided as appropriate to the surrounding neighborhood. For all WCFs, the antennas shall match the pole in color to the extent technically feasible and where painting will not interfere with the signal transmission.
(2)
In the case of a tower-based WCF, compliance with this subsection may be evidenced by the following, where technically feasible:
(a)
The tower shall have such color as may be commercially and technically feasible to achieve and as may be required by the Township Zoning Officer to avoid unsightly or out-of-character deployments.
(b)
The tower shall comply with Federal Aviation Administration and Pennsylvania Bureau of Aviation lighting standards and shall not be artificially lighted unless required by those agencies.
(c)
For new metal poles supporting a small cell antenna, the pole color and design shall match as nearly as practical those existing surrounding poles or shall, where commercially and technically feasible, be such color as required by the Township Zoning Officer to avoid unsightly or out-of-character deployments.
B.
Landscaping and Screening. An applicant for a tower-based WCF outside of the right-of-way more than 50 feet in height shall submit a landscaping and screening design including the following:
(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 maximum extent possible.
(2)
Ground-mounted equipment must be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by Township. Where the site abuts a residential zoning district, public property or street, a buffer area shall be provided along the perimeter abutting the residential district to include at minimum two staggered rows of evergreen trees a minimum of six feet in height, which trees shall be replaced with trees of at least six feet in height when dead or damaged.
C.
Associated Equipment.
(1)
All equipment associated with a WCF located above ground must enclosed, and all wires and cables must be housed in shrouds, risers or conduit. To the extent commercially and technically feasible, all equipment shall be of the same color, and the color shall match as closely as possible the color of the pole or upright structure to which it is mounted, and to avoid unsightly and out-of-character developments.
(2)
The maximum width and depth of any piece of associated equipment may not exceed 1 1/2 times the diameter of the pole on which it is to be located unless the applicant proves that no reasonable alternative exists.
(3)
Antennas must be screened with a radome or similar concealment technique that covers the entire antenna, cables, connectors and hardware, where such screening will not interfere with transmission/reception capabilities of the antenna.
(4)
Pole-mounted equipment other than cabling must be located at least eight feet above the ground.
7.
Replacement, Collocation, or Modification.
A.
Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this 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.
Any substantial change to an existing tower-based WCF shall require approval of the Township in accordance with the terms of this section.
D.
Mounting. An applicant proposing a WCF on an existing structure to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the WCF on the existing structure will be mounted on the existing structure for review by the Township Building Code Official for compliance with the Building Code.
8.
Permit Requirements.
A.
Collocation Analysis. An application for a new tower-based WCF more than 50 feet in height and located outside of the right-of-way shall not be approved unless the applicant demonstrates that the wireless communications equipment planned for the proposed tower-based WCF cannot be collocated on an existing structure or building within a 1/2 mile radius of the proposed tower-based WCF location to achieve the coverage or capacity objectives of the applicant.
B.
Gap in Coverage or Lack of Adequate Capacity. An applicant for a tower-based WCF where the new tower that is more than 40 feet in height, located outside of the right-of-way, must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within one year of the filing of its application with respect to the applicant in the area.
C.
Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed WCF on the subject lot or property.
D.
Licensing and Applicable Regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.
E.
Emissions. The proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.
F.
Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.
G.
Review Time Frames.
Table 8.1 | |||
|---|---|---|---|
WCF Review Time Frames | |||
Type of Application | Township shall notify the applicant in writing of any information that may be required to complete application: | Township shall approve or deny the application unless a shorter time period is applicable under the PA MPC: | |
A | Collocate small cell on existing structure | Within 10 days after the application is submitted | Within 60 days of submission of complete application |
B | Collocate a facility other than a small cell using an existing structure | Within 30 days after the application is submitted | Within 90 days of submission of complete application |
C | Deploy small cell using a new structure | Within 10 days after the application is submitted | Within 90 days after submission of a complete application |
D | Eligible facilities requests** (as defined herein) | Within 30 days after the application is submitted | Within 60 days* of submission of a complete application |
E | New tower-based WCFs (not covered by Lines A through D above) | Within 30 days after the application is submitted | Within 150 days of submission of a complete application |
* | The time period may be tolled by mutual agreement or in cases where the Township informs the applicant in a timely manner that the application is incomplete. If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission, but may be tolled again if the Township provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed. |
** | The Township shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an eligible facility. |
H.
Applications.
(1)
Applications will include all applicant information required by the Township, in such number and format as the Township may direct.
(2)
A fully dimensional site plan, plans and elevations drawn to scale shall be submitted, showing:
(3)
Visual impact demonstrations using photographic simulations of the proposed WCF as seen from reasonable surrounding locations and angles, and showing the color of all equipment, shall be submitted.
(4)
A written description of all stealth technology to be employed, and landscaping or screening plans, shall be submitted.
(5)
Licensing and Applicable Regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses and any PUC certification.
(6)
Emissions. The applicant must demonstrate that the proposed WCF or similar infrastructure deployment will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.
(7)
Insurance. The applicant shall provide a certificate of insurance issued to the applicant, evidencing that there is or will be adequate current liability insurance in effect.
I.
Application Fees.
(1)
Applications for WCFs shall be accompanied by the nonrefundable application fees set forth below or such others fees as may be adopted by resolution of the Board of Supervisors:
(a)
Small cells: $500 for a single upfront application that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five, or $1,000 for a new tower intended to support one or more small wireless facilities, said fees to cover both zoning and Building Safety Code approvals.
(b)
New tower (non-small cell): $1,000.
(c)
Collocation on existing tower (non-small cell): $500.
(d)
New non-tower-based WCF outside or inside the right-of-way (non-small cell): $500.
(e)
Eligible facilities requests that do not substantially change the tower or base station (non-small cell): $100.
(f)
Modifications with substantial change (non-small cell): $500.
(2)
In addition to the nonrefundable fees set forth above, a non-small cell applicant shall reimburse the Township for all reasonable costs of its Engineer, Solicitor and other experts or consultants in connection with review of the application. An initial deposit towards such review fees of $1,000 for a new, non-small cell tower outside or inside the ROW shall accompany the application and be applied to reimbursable review fees as they are incurred. If at any time the remaining deposit balance is below 50% of the initial deposit, then the applicant shall replenish the account up to the original amount. If the amount deposited exceeds the Township's actual review costs, the remaining balance shall be refunded to the applicant.
(3)
In addition to the application fees stated in Subsection 8I(1), the applicant shall pay any generally applicable fees pertaining to applications for special exceptions, conditional uses, variances or any other type of zoning application, provided that fees for small cell facilities shall be limited to the amounts set forth in Subsection 8I(1).
9.
Discontinuation, Abandonment and Removal.
A.
Discontinuation. In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(1)
All unused or abandoned WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township. In the case of towers, the foundation must also be removed.
(2)
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township, and the Township's costs in connection with removal, including professional or consultant fees, and the cost of removal work and site remediation, may be assessed against the owner of the WCF or the property upon which the WCF was located.
(3)
Any unused portions of WCFs, including antennas, shall be removed within six months of the time of cessation of operations.
(4)
As long as any portion of a WCF, whether used or unused, remains in the ROW, including but not limited to a tower foundation, the annual fee for use of the ROW established, pursuant to Subsection 10, shall be owed for any year or part of a year during which the ROW is so occupied by the WCF or portion thereof.
10.
Reimbursement for Right-of-Way Use.
A.
In addition to permit application fees, every WCF in the right-of-way is subject to the Township's right to impose annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such annual fee shall be directly related to the Township's costs of owning, maintaining and managing the right-of-way and to the loss of use to the Township of that portion of the right-of-way consumed by the WCF. Fees shall be as follows, subject to adjustment by resolution of the Board of Supervisors:
(1)
Small wireless facilities: $270 per calendar year or portion thereof per small wireless facility in the Township ROW.
(2)
Non-small wireless facilities in the Township ROW: $270 per calendar year or portion thereof per WCF plus $100 per calendar year or portion thereof for a ground-mounted equipment compound located within the ROW.
11.
Conditional Use Criteria and Procedures.
A.
The applications for conditional use approval for tower-based WCFs shall, in addition to meeting other applicable requirements of this section, meet the following criteria:
(1)
The applicant shall provide to the Township, prior to issuance of a zoning permit for construction, financial security to guarantee the removal of any tower-based WCF. Such financial security shall be in an amount determined by the Township Engineer based upon industry standards for removal and shall be acceptable in form and content to the Township Engineer.
(2)
No tower-based WCF shall be located or within 100 feet of an area in which all utilities are located underground.
(3)
The applicant shall provide evidence of the need for the proposed tower and WCF, but shall not be required to provide proprietary data.
(4)
The applicant shall supply documentation demonstrating that the proposed WCF complies with all state and federal requirements regarding aviation safety.
(5)
Where the WCF is located on a property with another principal use, the applicant shall present documentation that the property owner has granted an appropriate lease or easement for the WCF and for access to the WCF.
(6)
The general procedures and criteria at Part 9 of the Zoning Ordinance shall apply and be satisfied by the applicant. In addition, the applicant shall, at its expense, mail written notice of the scheduled public hearing to all owners of record of property within 500 feet of the proposed WCF. Such notice shall be mailed at least 14 days prior to the scheduled public hearing, and the applicant shall provide a copy of such notice and proof of such mailing to the Township at or before the time of the hearing.
(7)
In a residentially zoned district, tower-based WCFs shall not be located between the front facade of a residential dwelling structure and the street the lot fronts on, except for equipment cabinets located underground.