Lower Frederick Township, PA Zoning Ordinance

§ 170-9 Additional applicable regulations.

The regulations contained in this article shall apply to the entire Township for the subjects covered herein. However, if a conflict occurs between the standards of the general regulations and any other standards of this chapter, then the more restrictive standards shall apply. Subdivision and land development proposals are further regulated by Chapter 145, Subdivision and Land Development. The following activities, among others, are considered land development:

Addition of one or more buildings (except accessory buildings) to a lot which contains an existing building.

Division of one or more buildings into spaces for leasehold, ownership, or other forms of tenancy (except for residential conversions resulting in three or less dwelling units).

Construction or expansion of one nonresidential building on a lot.

§ 170-10 Water supply and sewage disposal.

All development in the Township shall be served by water supply and sewage disposal facilities which are appropriate for the type of land use, physical characteristics of the land, location in the Township, and availability of existing water and sewage systems, and shall be further regulated by the requirements below:

Individual on-lot facilities. Individual on-lot water supply and sewage disposal facilities shall be used in all zoning districts where central water and/or sewer facilities are not available. Written proof of compliance with the applicable state and/or county regulations must be provided to the Zoning Officer before occupancy permits will be issued.

Facilities serving more than one lot, dwelling, use, or building. Facilities under this heading may be classified as "common," "shared," or "central," and include public water supply and public sewage disposal, and shall comply with the following:

(1)

These facilities shall not be located on building lots, but shall be located on a separate lot used only for these utilities, or for utilities and open space.

(2)

Written proof of compliance with the applicable state regulations must be provided to the Zoning Officer before occupancy permits will be issued for development served by these facilities.

(3)

These facilities shall comply with the requirements of § 170-17 herein regarding ownership and maintenance of common elements.

(4)

Off-site central water and/or sewage facilities must be used for development when they are available.

§ 170-11 Access to public street.

[Amended 2-7-2023 by Ord. No. 2023-01]

Unless otherwise specified in the specific district regulations of this chapter, each and every lot shall abut a public or private street for at least 50 feet at the right-of-way line of said street; and this 50 feet of frontage must be usable for purposes of ingress and egress to the lot.

§ 170-12 Corner lots.

A front yard setback shall be measured from the ultimate right-of-way for each lot line abutting a public or private right-of-way. The lot lines intersecting ultimate rights-of-way shall be treated as side lot lines. All other lot lines shall be considered rear lot lines.

§ 170-13 Flag lotting.

[Amended 2-7-2023 by Ord. No. 2023-01]

The concept of flag lotting is permitted under this chapter in compliance with § 170-11, Access to public or private streets, other applicable requirements of this chapter, and the flag lotting provisions of Chapter 145, Subdivision and Land Development.

§ 170-14 Refuse collection facilities.

Regardless of the zoning district, all developments involving nonresidential uses, multifamily development (including garden apartments), single-family attached development (including townhouses), and mobile home parks must have refuse collection facilities provided by the applicant, either inside the building(s) or within an area enclosed by either walls or opaque fencing.

These facilities shall be architecturally compatible with the building(s).

Walls or fencing shall be designed to shield the refuse facilities from direct view from adjacent properties, to a height of at least six feet.

These facilities shall be designed in a manner which can accommodate large collection trucks.

Landscaping is encouraged around these facilities.

Refuse facilities attached to, detached from, or within buildings shall be subject to the same building setback requirements.

§ 170-15 Landscaping and buffering.

All proposals subject to the requirements of this chapter shall be landscaped and buffered from adjacent properties in compliance with the requirements of Chapter 145, Subdivision and Land Development.

§ 170-16 Open space regulations.

When open space or open land is required to be permanently preserved for common benefit and use by the requirements of this chapter, the regulations of this section shall apply.

Open space characteristics. Open space shall be characterized by one or more of the following:

(1)

Active and/or passive recreation areas.

(2)

Environmentally sensitive and attractive areas such as:

(a)

Woodlands.

(b)

Lakes, ponds, streams.

(c)

Floodplain as defined in this chapter.

(d)

Slopes exceeding 15% as delineated by the Montgomery County Soil Survey, by accurate contour mapping on the applicant's plan, or otherwise in accordance with Article XVI, Steep Slope Conservation District, of this chapter.

(e)

Farmland which is to be continued in agricultural use.

Open space design requirements. Permanently preserved open space shall:

(1)

Be designed as a continuous system of usable areas, interspersed among groupings of residential dwelling units, wherever practicable.

(2)

Be interconnected with common open space areas on abutting parcels wherever possible.

(3)

Be provided with safe and convenient access by adjoining public road frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance vehicle traffic, and containing appropriate access improvements.

(4)

Be provided with sufficient perimeter parking when necessary, as in public recreation areas.

(5)

Be comprised of areas not less than 50 feet in width and not less than 10,000 square feet of contiguous area, except that individual tot lots shall be included in the total required open space area.

(6)

Be designed so that not more than 25% of the open space is used as buffers between development and existing roads, and no more than 50% is floodplain, as defined herein.

(7)

Not be divided by crossing of public or private roads except where necessary for proper traffic circulation.

Offer of dedication. All common open space and recreation facilities required by this chapter shall be subject to the regulations for dedication to the Township, contained in Chapter 145, Subdivision and Land Development.

Required recreation facilities. Recreation facilities provided in required open space shall be subject to the recreation facilities regulations contained in Chapter 145, Subdivision and Land Development.

Requirements of this chapter that recreational facilities be set aside or otherwise provided may be modified and/or waived by the Board of Supervisors in accordance with the provisions of Chapter 145, Subdivision and Land Development, concerning fees -in-lieu of.

[Amended 11-3-2021 by Ord. No. 2021-04]

§ 170-17 Private ownership and maintenance of common elements.

Common elements including, but not limited to, open space, recreation, sewer, water, and stormwater management facilities which will not be publicly owned, shall be subject to a form of ownership established in private agreements acceptable to the Board of Supervisors. Such private ownership includes but is not limited to corporate, individual, condominium, landlord, or fee-simple homeowners' or landowners' association, and shall be governed by the following:

Access to and use of these common elements may be restricted to the property owners or tenants within the development and their guests, unless the Board of Supervisors determines that public access to some or all of these elements is necessary for the public' s health, safety, and welfare.

[Amended 11-3-2021 by Ord. No. 2021-04]

Perpetual maintenance shall be guaranteed by trust indenture or similar instrument, or by deeding the open space to a land trust or conservancy or similar organization, as approved by the Board of Supervisors, which instrument or deed shall be referenced on the final plan and:

(1)

Shall be recorded with the Montgomery County Recorder of Deeds simultaneously with the final plan.

(2)

Shall restrict the open space from development, by deed restriction, granting the Township the right to enforce the restrictions.

(3)

Shall include provisions for:

(a)

Bonds posted by the developer to cover expenses incurred before formation of a homeowners' association.

(b)

Adjustment of association fees to account for inflation and increased costs.

(c)

A reserve fund to cover capital improvement and/or unforeseen major maintenance requirements.

(d)

Funding of professional management, expert consultants, and supplies.

(e)

Township review and approval of revisions to any part at any time.

(4)

Shall authorize the Township to maintain the common elements and assess the private ownership 100% of such maintenance, or foreclose on said bonds or funds to cover said maintenance, if private ownership fails to function as required in the private agreement.

(a)

The Township may, at the discretion of the Board of Supervisors, decide to relieve the private ownership organization of some or all of its maintenance responsibilities in the event of a functional failure that has or threatens to have undesirable impacts on surrounding properties or the general public.

(b)

The necessity for continued Township maintenance shall be reviewed at a public hearing within one year of the Township having assumed the responsibility, and if the private ownership is demonstrated to have resumed the capability of maintenance, the responsibility shall revert to the private ownership. If the private ownership cannot demonstrate capability, a public hearing shall be held on an annual basis until maintenance can be resumed by the private ownership or until dedication of the common elements is accepted by the Township.

(c)

Any administrative, capital, labor, or operating costs incurred by the Township in assuming the maintenance responsibilities of the private ownership organization shall be recoverable from the owners of property, individually or collectively, in the subject development.

Review of maintenance budget. At the time a preliminary plan for subdivision or land development is submitted, the developer shall submit to the Township a budget for the maintenance of open space, and reimburse the Township for the cost of a professional to assess the budget for future adequacy.

§ 170-18 Projections into required yards.

No building and no part of a building shall be erected within or shall project into any required yard in any zoning district, except for the following:

An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard setback a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the required depth of the yard.

A terrace, patio, deck, platform, hot tub, or landing place, not covered by a roof, canopy or trellis, and which it does not extend above the level of the first floor of the building, may be erected to extend into a required side or rear yard a distance of not more than 12 feet provided that it shall not extend into such yard more than 1/2 of the required depth or width of the yard.

[Amended 6-2-2015 by Ord. No. 15-04]

A carport may be erected over a driveway in a required side yard, provided that such structure meets the following requirements:

(1)

It is not more than 14 feet in height, 20 feet in width, and 20 feet in length.

(2)

It is entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features.

(3)

It is at least three feet from the side lot line.

A buttress, chimney, cornice, pier, or pilaster of a building may project not more than 18 inches into a required yard.

Open, unenclosed fire escapes, steps, bay windows, and balconies may project no more than three feet into a required rear yard.

§ 170-19 Lighting.

No lighting of private property shall be permitted that shall cause a hazard or a nuisance to abutting roads and properties.

When lighting is observed to be a potential hazard or nuisance regarding public roads, the Township Zoning Officer shall make a determination as to the need to relocate, diminish, reorient, or remove the light fixtures in question, with the advice of the Township Engineer. The determination shall be made mainly in terms of the effect of the lighting on traffic safety, such as from glare or brightness interfering with a driver's ability to see safely.

When lighting is observed to be a potential hazard or nuisance to an abutting property, the Zoning Officer shall make a determination as above, when requested by the affected property owner. The following shall be used as criteria:

(1)

No light shall shine directly into the windows of a building on an abutting property.

(2)

No light shall shine directly onto the ground or improvements thereof of an abutting property.

(3)

Incidental light may be permitted to fall on abutting property.

§ 170-20 Adult entertainment uses.

[Amended 7-5-2005 by Ord. No. 05-08]

Consistent with the provisions of the Multimunicipal Comprehensive Plan, Lower Frederick Township prohibits adult entertainment uses as defined in this chapter.

§ 170-21 Kennels.

Kennels, where specified as a permitted use in the district regulations, are subject to the following provisions:

A minimum lot size of five acres shall be provided.

No animal shelter or run shall be permitted within 100 feet of any property line or 200 feet of any other dwelling.

A total screen buffer shall be provided along property boundaries with residential uses, to control noise and odor.

The total number of dogs shall not exceed five per acre, excluding dogs under six months old.

§ 170-22 Public utilities.

The provisions of this chapter shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures, or facilities in existence at the time of passage of this chapter, or which may hereafter be located within public easements or rights-of-way designated for such purposes. The location of any such construction not within a public easement or right-of-way, however, unless specifically provided for in this chapter, shall be subject to approval of the Zoning Hearing Board, which shall give consideration to the effect of such constructions or installation upon the public safety and the character of the adjacent neighborhood.

§ 170-23 Effect of private covenants.

Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenants running with the land, and which restrictions are not prohibited by or are not contrary to the regulations herein established.

§ 170-24 Accessory uses.

[Amended 11-8-2000 by Ord. No. 00-04]

The following accessory uses shall be permitted, subject to the additional requirements specified for each use. Such uses shall comply with the additional dimensional regulations of this article, as appropriate.

Uses accessory to agriculture.

(1)

Greenhouses, barns, machine sheds, and other agricultural buildings, and preparation of products produced on the premises for sale and/or use at other locations.

(2)

Keeping of livestock in conjunction with agriculture, in accordance with the following:

(a)

Livestock and/or other animals may be kept as part of an agricultural operation provided that the property on which they are kept is at least 10 acres in size.

(b)

The number of animals permitted shall be two per acre used for such purposes. Such an operation shall be completely enclosed by fencing.

(c)

Operation of an animal feed lot shall not be permitted in any district.

(3)

Setbacks.

(a)

Any areas where livestock or other animals are kept (including barns, corrals, pastures, etc.) shall be set back a minimum of 100 feet from a residence on an adjacent lot.

(b)

No farm building or other structure for the keeping or raising of livestock or poultry, for storing of farm or other products regardless of kind, or for storing of farm or other machinery shall be erected within 100 feet of any ultimate right-of-way (public or private), well, property line, or lot line.

(4)

Retail sale of agricultural and/or horticultural products on a minimum tract of five acres in compliance with the following:

(a)

At least 75% of such products shall have been grown on the property on which they are offered for sale.

(b)

At least three parking spaces shall be provided, plus one additional space for each 200 square feet of building area over 600 square feet.

(c)

Buildings, whether permanent or seasonal, shall meet the required setbacks of the district in which they are located, and no parking area, sign, display, or other structure shall intrude into the legal right-of-way of any public road. This includes stands, carts, wagons, sheds, or other movable structures.

(d)

Maximum building coverage to house retail sales shall be 1/2 of 1% of the gross acreage of the property, with a maximum building coverage as an accessory use of 5,000 square feet.

[1]

A building larger than 5,000 square feet shall be considered a primary use and shall be permitted only within the VC Village Commercial, CC Community Commercial, or LI Limited Industrial districts, as appropriate.

[2]

All structures, including stands, sheds, barns, etc., with customer access shall be included in calculating building coverage.

(e)

Vehicular and pedestrian access, parking, and service and loading areas shall comply with the requirements of § 170-69, Development regulations, of the VC Village Commercial District.

Uses accessory to dwellings. The following uses are permitted by right in compliance with Subsection C herein. However, approval as a special exception by the Zoning Hearing Board shall be required for uses that exceed the stated capacities or sizes, or that would involve the use or storage of items other than those listed.

(1)

Home occupations, in compliance with § 170-25 herein.

(2)

Private garage.

(3)

Private parking spaces, not to exceed four per dwelling unit (not counting garage spaces).

(4)

Shelter for not more than four traditional house pets, none of which will grow to be larger than a large dog.

(5)

Noncommercial greenhouse.

(6)

Storage sheds for garden equipment, household goods, and/or sporting goods owned and used by the residents of the dwelling.

(7)

Noncommercial swimming pools, man-made ponds, or other outdoor recreational facilities, excluding facilities for use of motorized recreation vehicles, are subject to the front yard setbacks required for principal buildings in the district in which they are located and a twenty-five-foot setback for side and rear yards. The square footage of swimming pools does not count toward the total floor area of accessory buildings.

[Amended 1-5-2009 by Ord. No. 09-01; 6-2-2015 by Ord. No. 15-04]

(8)

Barn, stable, or other building whether or not used for livestock, on a lot at least two acres in area, subject to the requirements of Subsection A(3) herein.

(9)

Keeping of horses and other large animals such as cattle, sheep or goats, not in conjunction with agriculture, in accordance with the following:

(a)

A minimum lot size of two acres is required to keep such animals.

(b)

Such animals may be kept at the following rates:

	Type of Animal	On a Minimum Two-Acre Lot	For Each Additional Acre
	Horses, cows, or other animals of a similar size	One animal	One animal
	Sheep, goats, or other animals of a similar size	Four animals	Four animals

These regulations shall be interpreted to mean one horse or one cow, or four goats per unit of land, not one or four of each.

(10)

Satellite dish or antenna, in accordance with the provisions of § 170-29 herein.

Size and setbacks for buildings accessory to dwellings.

[Amended 1-5-2009 by Ord. No. 09-01; 6-2-2015 by Ord. No. 15-04]

(1)

Total area permitted by right. The total area of all floors of the accessory buildings on any one lot permitted by right shall be no more than the following:

(a)

On lots of less than one acre of area: 1,000 square feet (for example: 25 feet by 40 feet).

(b)

On lots of one acre or more of area: 1,500 square feet (for example: 30 feet by 50 feet).

(2)

Floor area permitted by special exception. The area of all accessory buildings on any one lot may be permitted to exceed the maximums in Subsection C(1), above, when approved by the Zoning Hearing Board as a special exception.

(3)

Setbacks and height. Accessory buildings shall not be permitted within the front yard or any yard abutting a road ultimate right-of-way, and side and rear yard setbacks shall be as follows:

(a)

Buildings less than 250 square feet in area: minimum setback five feet; maximum height 12 feet.

(b)

Buildings 250 square feet to 750 square feet in area: minimum setback 10 feet; maximum height 15 feet.

(c)

Buildings more than 750 square feet in floor area shall satisfy the setbacks required for principal buildings in the district in which they are located, and the maximum height shall be 23 feet.

(d)

Accessory buildings on estate lots shall comply with the setbacks in § 170-46E(1)(c) of this chapter.

(4)

The distance between the primary structure and the accessory unit must be a minimum of 10 feet.

Uses accessory to noncommercial recreational use. Customary recreation, refreshment and service uses and buildings may be permitted in any noncommercial recreational area, provided that the accessory building shall not exceed 750 square feet in ground floor area. These buildings shall not be permitted within the front yard or any yard abutting a road ultimate right-of-way, and side and rear yard setbacks shall be as listed in § 170-94A of the Institutional and Recreational Overlay District of this chapter.

Uses accessory to nonresidential uses. These uses shall be regulated by the standards in the nonresidential districts.

§ 170-25 Home occupations.

Home occupations are an accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts on a residential site. The use shall be incidental and subordinate to the use of the dwelling for residential purposes, and shall not change the character of the residential use or adversely affect the uses permitted in the residential district in which it is located.

All home occupations shall be registered with the Township and be subject to an annually renewable permit secured from the Zoning Officer.

Home occupations shall be divided into two classes, and regulated as follows:

(1)

Minor home occupations. Minor home occupations satisfy the following performance standards and are permitted by-right in all residential dwellings:

(a)

These uses shall be conducted only by residents of the dwelling in which the occupation is permitted.

(b)

These uses shall not include any profession or occupation which requires a license to practice in the Commonwealth of Pennsylvania.

(c)

These uses shall not receive visitors, customers, students, patients, or clients of any type.

(d)

Pick-up or delivery for business purposes shall be limited to those services that routinely serve homes, such as United Parcel Service, Federal Express, or the U.S. Postal Service.

(e)

These uses shall not generate the need for any more parking spaces than normally required for the residence.

(2)

Major home occupations. Major home occupations satisfy the following performance standards and are permitted only in single-family detached dwellings:

(a)

These uses may employ persons who are not residents of the dwelling in which the occupation is permitted, in compliance with Subsection C(15) herein.

(b)

These uses include barbershops, beauty parlors, and any profession or occupation which requires a license to practice in the Commonwealth of Pennsylvania.

(c)

Visitors, customers, students, patients, or clients shall be permitted only between the hours of 8:00 a.m. and 9:00 p.m.

(d)

Pick-up or delivery for business purposes shall be limited to those services that routinely serve homes, such as United Parcel Service, Federal Express, or the U.S. Postal Service.

(e)

These uses may require additional parking spaces which shall comply with Subsection C(9) herein.

(f)

These uses must be located on lots with primary vehicular access from a collector or higher classification road.

All proposed home occupation uses, including the expansion or replacement of an existing use or structure, shall conform with the performance standards below, as well as all other applicable Township, state, and federal regulations:

(1)

The home occupation and its associated structures shall conform with all applicable dimensional standards for the zoning district.

(2)

Home occupations shall be conducted entirely within the residence, and the area used for the home occupation shall not exceed 25% of the gross floor area of the residence.

(3)

The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area.

(4)

Home occupations shall not produce noise, dust, vibration, glare, smoke or smell, electrical interference, fire hazard, traffic, or any other nuisance not typically experienced in the zoning district where the property is located.

(5)

No use shall require internal or external construction features or the use of electrical, mechanical, or other equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences.

(6)

Signs shall conform to the provisions of Article XVIII of this chapter.

(7)

No outside storage or display of material, goods, supplies, or equipment related to the operation of the home occupation shall be allowed. All storage shall take place within a walled structure.

(8)

Merchandise shall be limited only to products manufactured or substantially altered on the premises, or to incidental supplies necessary for the conduct of the home occupation. Items shall not be purchased off-site for resale.

(9)

Vehicular access improvements or any need for additional parking generated by a major home occupation, over what would normally be expected for a residence, shall be provided off-street and in the side or rear yard of the structure, in accordance with Article XVII of this chapter, the regulations of the district in which it is located, and Chapter 145, Subdivision and Land Development. Need for access improvements or additional parking shall be determined by the Board of Supervisors with the advice of the Township Engineer. Landscaped buffers are required for all additional parking spaces for home occupations.

(10)

A resident of the dwelling must be a principal of the home occupation.

(11)

Any use, except professional offices, which involves building alterations requiring approval of the Pennsylvania Department of Labor and Industry shall not be permitted as a home occupation.

(12)

Home occupations shall not use noxious, combustible, explosive, or other types of materials that could endanger the health and safety of the occupants and the surrounding residents.

(13)

Home occupations shall not include auto related services, clinics, hospitals, animal hospitals, restaurants, cafes, hotels, or boarding houses, as defined in this chapter, or similar uses.

(14)

Direct sale of goods on the premises shall not be permitted routinely, but may be permitted on an infrequent, occasional basis.

(15)

No employees, assistants, helpers, subcontractors, etc., shall be permitted except for persons residing on the subject property with the practitioner, unless authorized as a conditional use by the Board of Supervisors. The cumulative total of all home occupations in any one dwelling unit shall be no more than two nonresident employees.

(16)

There shall be no routine, regular, or recurring deliveries to or from a home occupation from a vehicle with more than two axles.

(17)

Trash removal shall not be permitted in excess of that normally occurring in residential areas.

(18)

Family day-care homes, group day-care homes, and day-care centers are not home occupations and are regulated by § 170-28 herein.

(19)

Garage sales, yard sales, tag sales, and other similar events are not home occupations and are regulated by other Township requirements.

§ 170-26 Bed-and-breakfast accommodations.

Bed-and-breakfast accommodations may be operated only in single-family detached, owner-occupied buildings, subject to the following regulations:

Conditional use approval is required from the Board of Supervisors in accordance with § 170-31, Conditional use applications, of this chapter.

There shall be no more than four guest bedrooms, accommodating no more than eight guests at any one time; no paying guest shall stay on any one visit for more than 14 days.

Guest bedrooms shall not contain kitchen facilities and shall not constitute individual dwelling units.

One off-street parking space for each guest bedroom shall be provided in a side or rear yard, in addition to any other required parking. Guest parking shall be set back a minimum of 15 feet from any side or rear property lines. Additional setbacks and/or landscaping, berming, or fencing may be required by the Board of Supervisors if conditions so warrant.

Meal service is limited to one daily meal (breakfast or brunch), available only to paying overnight guests and shall not include the sale of alcoholic beverages. Owners shall comply with all federal, state, and local requirements for the preparation, handling, and serving of food.

Owner shall maintain a current guest register, subject to inspection by the Township.

Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with all applicable Township codes. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.

All bed-and-breakfast accommodations shall be connected to public water and public sewer systems if available. If no public utilities are available, the application for conditional use shall include an approval from the Montgomery County Department of Health that the on-lot sewage disposal system and well have the capacity to accommodate the additional guest rooms.

A bed-and-breakfast use shall not be permitted on a lot with an area less than 20,000 square feet.

No exterior additions or alterations shall be made to the building, other than those necessary to meet health, safety and sanitation requirements. Such additions or alterations shall meet all applicable zoning and building code[1] requirements.

[1]

Editor's Note: See Ch. 61, Construction Codes, Uniform.

One sign shall be permitted for each bed-and-breakfast. The sign shall comply with the standards for home occupation signs in this chapter. The nameplate shall be compatible with the style and character of the building.

The sale and/or display of merchandise or services to nonguests is prohibited. Social functions, where the owner receives payment for the use of the building, are prohibited.

The lot for a bed-and-breakfast use must have access from an arterial or collector road.

§ 170-27 Residential conversion for accessory apartments.

[Amended 11-8-20/00 by Ord. No. 00-04]

A single-family detached dwelling unit may be converted to contain no more than one accessory apartment in addition to the principal dwelling unit, when authorized by the Code Enforcement Official in compliance with the regulations of this section.

Accessory apartment size.

(1)

Floor area. The accessory apartment floor area shall be no more than 30% of the total floor area of the first and second stories of the single-family detached dwelling, or 750 square feet, whichever is smaller.

(2)

Calculation. The total floor area of the first and second stories shall be based on an accurate floor plan of the single-family detached dwelling at the time the application is filed for conversion.

(a)

Inclusions. The total floor area may include the floor areas of all heated internal space consisting of rooms, hallways, stairways, closets, and similar spaces.

(b)

Exclusions. Basements and cellars, unfinished attics, open and/or unheated porches, and garages shall be excluded from the total floor area calculations.

Minimum required lot area.

(1)

The minimum required lot area needed to permit a principal dwelling unit plus an accessory apartment shall be 1.75 times the minimum lot size required for a single-family dwelling in the zoning district where the dwelling is located (175% of the standard minimum lot size).

(2)

On large parcels, surplus land area may be subdivided in compliance with the standards of the district in which the property is located while the minimum required lot area [Subsection B(1), above] shall be permanently maintained as the lot for the single-family detached dwelling with the accessory apartment.

(3)

The applicant shall prepare a deed restriction, easement, or private covenant, that permanently prohibits further subdivision or land development of the minimum required lot area needed to permit an accessory apartment [Subsection B(1), above]. This document must be acceptable to the Township Solicitor and be recorded with the Montgomery County Recorder of Deeds prior to obtaining a use and occupancy permit for the accessory apartment.

Location.

(1)

Accessory apartments shall be permitted only within the building in which the principal dwelling unit is located and shall not be permitted in buildings accessory to the principal dwelling.

(2)

An attached garage may be converted into an accessory apartment, but a detached garage may not. A garage may be considered "attached" by a breezeway connection, provided that the space between the house and garage walls does not exceed 15 feet.

(3)

An accessory apartment may be located in a basement, but shall not be located in a cellar, as defined in this chapter, unless at least 25% of the cellar apartment's exterior wall area is above grade and access is provided to the outside at grade through a standard size exterior doorway.

Access and building alterations.

(1)

Access. The principal dwelling unit and accessory apartment shall each have separate outside access.

(2)

Outside stairways and fire escapes. These are prohibited along any wall of the building that faces a street. Instead, these shall be located along a side or rear wall of the building that faces away from the street. The determination of which wall(s) faces the street shall be made by the Township Code Official.

(3)

Exterior building alterations. Alterations for an accessory apartment shall reflect the architectural character of the existing building, maintain its appearance as a single-family detached dwelling, and be compatible with the surrounding neighborhood.

(4)

Building additions. Additions shall not be permitted except when necessary for safety or improved access purposes. When permitted, the additional building coverage (footprint) of the addition shall not exceed 100 square feet and shall not violate any of the zoning setback requirements.

Driveways and parking.

(1)

Parking. The off-street parking requirements of Article XVII shall be met.

(2)

Both dwelling units shall share the existing driveway entrance(s) to the existing dwelling unit. Additional driveway access shall not be permitted.

Utilities. If on-site sewage and water systems are to be used, the applicant must submit evidence to the Code Enforcement Official showing that the total number of occupants in the principal dwelling unit and accessory apartment will not exceed the capacities of the existing sewage and water systems. The Sewage Enforcement Officer, Township Engineer, and/or other appropriate individual or agency, shall review and approve any proposed expansion or addition of systems.

Application, permits, plan submission, and code requirements.

(1)

Application. Applicants shall apply to the Lower Frederick Township Code Official to obtain a building permit to create the accessory apartment and a use and occupancy permit to occupy the accessory apartment. The Code Official may seek the advice of the Township Planning Commission and/or Township Engineer in reviewing the application.

(2)

Plan submission. Applications shall include accurately drawn site plans and floor plans that provide the following information:

(a)

Location of the existing principal dwelling and any other buildings on the lot, driveways, parking areas, sidewalks, underground utilities, easements, building setback lines, and any man-made or natural features that may affect the proposed conversion.

(b)

Location of proposed additional parking spaces, building additions, external stairways and/or fire escapes, and sidewalks.

(c)

Floor plans for the existing principal dwelling, proposed accessory apartment, and principal dwelling as it will be modified by adding the apartment.

(d)

Building elevations for any building facade to which changes are proposed, including exterior stairways and/or fire escapes.

(3)

Code requirements.

(a)

Both dwelling units shall conform with all requirements of the applicable building, health, fire, and sanitary codes which regulate structural soundness, overcrowding, fire protection, sewage disposal, and water supply.

(b)

Both dwelling units shall have centrally wired smoke detectors and fire extinguishers.

(c)

Depending on the design of the accessory apartment and its relationship to the principal dwelling unit, the Township Code Official may require the applicant to seek approval from the Pennsylvania Department of Labor and Industry before issuing a building permit. It may also be necessary to install a firewall between the two dwelling units.

§ 170-28 Child day-care facilities.

No structure or premises shall be used for the provision of child day care except in accordance with the provisions of this section.

Any provision of child day care shall comply with the Articles IX and X of the Public Welfare Code Act of June 13, 1967 (P.L. 31), as amended.

A family day-care home or group day-care home shall be a permitted use in any zoning district, provided a copy of the certificate of compliance issued by the Department of Public Welfare is provided to the Zoning Officer prior to the initiation of day-care use.

A day-care center is permitted only in those zoning districts so specified, and a copy of the certificate of compliance issued by the Department of Public Welfare shall be provided as a part of the special exception application.

Child day-care facilities shall meet the parking requirements found in Article XVII of this chapter.

General safety. No portion of a child day-care facility shall be located within 300 feet of any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff, or other occupants of the facility. Hazardous land uses include, but are not limited to, gasoline service stations, heavy industrial operations, storage of flammable or explosive materials, high pressure underground pipelines, truck loading areas, etc.

Hours of outside play. Outside play shall be limited to the hours of 8:00 a.m. and sunset, as defined by the National Weather Service.

Outdoor play area. An outdoor play area shall be provided adjacent to child day-care buildings, with adequate separation, safety, and protection from adjoining uses, properties, and roadways.

(1)

These areas shall not be located in a yard area adjacent to a road or heavily traveled driveway. Where play areas are located adjacent to on- or off-site parking, loading, or driveway facilities, physical barriers shall be installed sufficient to guard against vehicles entering the play area.

(2)

For group day-care homes and day-care centers, the play area shall meet the setback requirements for a principal building in the district in which they are located, and a landscaped buffer shall be provided between the play area and adjacent residential properties.

(3)

Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

(4)

The play area may be off-site, according the standards of the Department of Public Welfare, when approved by the Zoning Hearing Board as a special exception.

§ 170-29 Satellite dishes and antennas.

[Amended 11-8-2000 by Ord. No. 00-04; 7-25-2006 by Ord. No. 06-11; 4-6-2021 by Ord. No. 2021-01]

The following provisions apply to all satellite dishes and antennas:

Purposes.

(1)

To accommodate the need for satellite dishes and antennas while regulating their location and number in the Township.

(2)

To minimize adverse visual effects from roads, public corridors, residential areas, villages, and historic, cultural and scenic resources of the Township of satellite dishes and antennas through proper design, siting, and vegetative screening.

(3)

To avoid potential damage to persons and adjacent properties from the failure of satellite dishes and antennas, and their respective support structures, and falling ice, through engineering and proper siting of satellite dishes and antennas.

(4)

To limit potential exposure to or interference from nonionizing electromagnetic radiation emitted from satellite dishes or antennas.

Permitted uses.

(1)

Private, noncommercial satellite dishes, radio and television antennas/dishes, or other antennas are permitted in any zoning district as an accessory use to the primary use on the lot in accordance with the provisions of this section. Private noncommercial uses include dishes and antennas for home use, ham radio, citizen band (CB) radio, and two-way or one-way radio for public safety. Fixed point microwaves used by telephone or other companies, two-way radio from a base to land-mobile antennas (such as radio dispatched taxis), commercial AM and FM radio antennas, commercial UHF and VHF television antennas, and cellular/wireless communications facilities and antennas are specifically excluded. Except as permitted in this section, no dish or antenna may be used for commercial purposes if it is located in a residential district.

(a)

A dish or antenna up to and including three feet in diameter, length, and/or width and equal to or less than three feet in height, as measured from the surface it and its support structure is attached to, is permitted by right, and no site plan shall be required.

(b)

A dish or antenna more than three feet in diameter, length, and/or width or more than three feet in height, as measured from the surface it and its support structure is attached to, is permitted by conditional use, and a site plan shall be required.

(2)

A satellite dish or antenna employed for commercial purposes is permitted only in the VC Village Commercial, CC Community Commercial, LI Limited Industrial, BD Business Development, and OI Office Institution Districts in accordance with the provisions of this section. Commercial dishes and antennas include, but are not limited to, the following: fixed point microwaves used by telephone or other companies; two-way radio from a base to land-mobile antennas (such as radio dispatched taxis); commercial AM and FM radio antennas; commercial UHF and VHF television antennas; and antennas and dishes used for restaurants, offices, industries, or other business. Cellular/wireless communications facilities and antennas are specifically excluded.

(a)

A dish or antenna up to and including 10 feet in height, as measured from the average ground surface around the antenna and its support structure, is permitted by right, and no site plan shall be required.

(b)

A dish or antenna more than 10 feet in height, as measured from the average ground surface around the antenna and its support structure, is permitted by conditional use, and a site plan shall be required.

(c)

A dish or antenna more than 40 feet in height, as measured from the average ground surface around the antenna and its support structure, is permitted, according to the following standards:

[1]

No dish or antenna more than 40 feet in height, as measured from the average ground surface around the antenna and its support structure, shall be permitted in the VC Village Commercial District.

[2]

A conditional use shall be required.

[3]

A site plan shall be required.

Standards for private, noncommercial satellite dishes and antennas.

(1)

No dish, antenna, or related support structure shall be located in the front yard of any lot. If ground-mounted, the dish or antenna shall be located in the side or rear yard of the lot. If mounted on a roof or side of a building, the dish or antenna shall be located on the rear portion of the building. In general, the dish or antenna shall be installed in the location that will best shield the dish or antenna from view from surrounding streets and properties.

(2)

No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area or yard.

(3)

When ground-mounted, the dish or antenna shall be screened from public streets and adjoining residential districts or uses by the installation of a fence, or by planting evergreen trees or shrubs which are the height of the dish or antenna when planted, and which will form a complete visual barrier.

(4)

No dish or antenna shall exceed eight feet in diameter, length, or width. No dish or antenna shall exceed eight feet in height, as measured from the surface it and its support structure is attached to.

(5)

No more than one dish shall be permitted on any lot. If more than one antenna is required, it shall be placed on a shared tower with other antennas.

Standards for commercial satellite dishes and antennas.

(1)

The dish or antenna shall be installed in the location that will best shield the dish or antenna from view from surrounding streets and properties.

(2)

No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area or yard.

(3)

Standards for all satellite dishes and antennas.

(1)

Height. Dishes, antennas, and their respective support structures shall be no taller than the minimum height needed to function satisfactorily.

(2)

Setbacks for all satellite dishes and antennas up to and including 40 feet in height.

(a)

If the satellite dish or antenna is mounted on the ground, the building setbacks required by the underlying zoning district shall apply, except that in no case shall the setback be less than five feet.

(b)

If the satellite dish or antenna is mounted on a roof, it shall be no less than five feet from any property line or party wall.

(3)

Setbacks for all satellite dishes and antennas more than 40 feet in height.

(a)

Setbacks from property lines.

[1]

Minimum setbacks for dishes and antennas located in the CC Community Commercial, LI Limited Industrial, OI Office Institution, and VMU Village Mixed-Use Districts shall be the largest of the following:

[a]

Fifty percent of the height of the dish or antenna.

[b]

The minimum building setback of the underlying zoning district.

[c]

Forty feet.

(b)

Setbacks from roads. In addition to the required setbacks from property lines, all satellite dishes and antennas shall meet the following minimum setbacks from the ultimate right-of-way lines of all public roads. The classification of roads shall be according to Chapter 145, Subdivision and Land Development.

[1]

From arterials: four times the height of the dish or antenna.

[2]

From collectors: three times the height of the dish or antenna.

[3]

From all other roads: two times the height of the dish or antenna.

(4)

Antenna and support structure safety. The applicant shall demonstrate that the proposed disk, antenna, and/or support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. When required by the Township, a support structure shall be fitted with anti-climbing devices, as approved by its manufacturer.

(5)

Fencing. A fence shall be required around a satellite disk, antenna, and/or its support structure and related equipment, unless the disk or antenna is mounted on a building. The fence shall be a minimum of six feet and a maximum of eight feet in height. This requirement shall apply to all antennas and satellite dishes that are mounted on the ground and meet either of the following criteria:

(a)

Located in a nonresidential zoning district.

(b)

More than 10 feet in diameter, length, width, or height.

(6)

Landscaping.

(a)

All antennas and satellite dishes that are mounted on the ground and are more than six feet in diameter, length, width, or height shall be landscaped using one of the following methods:

[1]

Evergreen or deciduous shrubs. Shrubs shall be placed three feet on center in a minimum five-foot wide bed surrounding the antenna or satellite dish and arranged to provide a continuous hedge-like screen at a minimum height of 3 1/2 feet at maturity.

[2]

Opaque fence with ornamental trees and shrubs. A six-foot opaque fence surrounding the antenna or satellite dish on at least three sides with additional plantings at the minimum rate of three shrubs and two ornamental trees or large shrubs for each 10 linear feet of proposed fence, arranged formally or informally next to and on the outside of the fence.

(b)

Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required landscaping at the discretion of Township Board of Supervisors. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.

(c)

No plantings shall impede the function of the antenna or satellite dish.

(7)

Required parking. If the antenna or satellite disk site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

(8)

Painting, surface treatments and lighting. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Proposed buildings, support structures and fences shall receive color coatings and/or surface treatments that will minimize the visual effects of the facilities. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.

(9)

Licensing. The applicant must be licensed by the Federal Communications Commission, if necessary.

(10)

Township identification. An identification tag with the Township permit number shall be attached to all antennas and dishes.

(11)

Advertising. No advertising shall be affixed to any dish or antenna.

(12)

Demolition. Any satellite dish or antenna that is mounted on the ground and is more than eight feet in diameter, length, width, or height shall be demolished within six months of the date it is no longer in use.

(a)

The owner of a satellite dish or antenna shall obtain a demolition permit from the Township to demolish the dish or antenna per the requirements of the Township Building Code, if applicable.

(b)

The owner shall follow the specifications for demolition as specified in the Township Building Code.

(13)

Site plan. When required, the site plan shall show the following information:

(a)

Property lines, building setbacks required by this chapter, zoning district(s) of all adjacent lots, and areas subject to easements and deed restrictions.

(b)

Existing buildings and other structures, streets, sidewalks, parking areas, and large trees.

(c)

The proposed antenna or satellite dish, including any proposed fencing, guy lines, landscaping, or other related features.

(d)

Any other information deemed necessary by Township Board of Supervisors.

Definitions. For the purposes of this section, the following definitions shall apply:

HEIGHT

The vertical distance measured from the average grade around the base of the antenna, satellite disk, or support structure to the highest point of the antenna, disk, or support structure. If the antenna or satellite dish is mounted on the roof of a house or other building, the height shall be measured from the peak of the roof to the top of the antenna, satellite dish, or support structure.

SATELLITE DISH

A structure consisting of three main components (the concave dish, a low-noise amplifier, and a receiver) that is designed to receive television broadcasts relayed by microwave signals from communications satellites orbiting Earth. Satellite dish serve only the needs of the occupants of a single building or a single development, except when used as a master dish for a cable TV franchise.

SUPPORT STRUCTURE

Any platform, pole, telescoping mast, tower, tripod, or any other structure which supports a satellite disk, antenna, or other device used in the transmitting or receiving of radio frequency energy.

§ 170-29.1 Wireless telecommunications facility.

[Added 4-6-2021 by Ord. No. 2021-01]

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

Design. By enacting this section, the Township intends to:

(1)

Promote the health, safety, and welfare of Township residents and businesses with respect to wireless telecommunications facilities;

(2)

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

(3)

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

(4)

Address new wireless technologies, including, but not limited to, small wireless facilities, distributed antenna systems, data collection units, cable wi-fi, and other wireless telecommunications facilities;

(5)

Encourage the colocation of wireless telecommunications facilities on existing structures rather than the construction of new tower-based structures;

(6)

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

(7)

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

Definitions. The following are applicable to wireless telecommunications facilities:

(1)

ACCESSORY EQUIPMENT — Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure, including, but is not limited to, utility or transmission equipment; power supplies; generators; batteries; cables; equipment buildings, cabinets, and storage sheds; and shelters.

(2)

ANTENNA — Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc), or any other wireless antenna. An antenna shall not include tower-based WTF defined below. For the purposes of this use, this definition shall not include private residents' mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.

(3)

COLOCATION — The mounting of one or more WTFs, including antennae, on an existing tower-based WTF or utility or light pole.

(4)

COMMUNICATIONS EQUIPMENT BUILDING — An unmanned building, cabinet or structure containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet per user unless approved by the Township.

(5)

DECORATIVE POLE — A Township-owned pole that is specially designed and placed for aesthetic purpose and on which no appurtenances or attachments, other than a small wireless facility, lighting, or municipal attachments, have been placed or are permitted to be placed.

(6)

DISTRIBUTED ANTENNA SYSTEMS (DAS) — Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

(7)

EMERGENCY — A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

(8)

FCC — Federal Communications Commission.

(9)

HEIGHT OF A TOWER-BASED WTF — The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WTF, including antennas mounted on the tower and any other appurtenances.

(10)

MONOPOLE — A WTF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connecting appurtenances.

(11)

NON-TOWER WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER WTF) — Any wireless telecommunications facility, including, but not limited to, antennae and related equipment, that does not meet the definition of a tower WTF. Non-tower WTF shall not include support structures for antennae and related equipment.

(12)

PERSONS — Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited-liability companies, corporations, and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided that person does not include or apply to the Township or to any department or agency of the Township.

(13)

PRIOR APPROVED DESIGN — A design for a small wireless facility that has been reviewed and deemed to be in accordance with the requirements of this § 170-29.1 and approved for construction by the Township.

(14)

SMALL WIRELESS FACILITY (SWF) — A specific type of tower or non-tower WTF that meets all of the following requirements:

(a)

The facility is: mounted on a structure 50 feet or lower in height (including the height of the proposed antennas); mounted on a structure no more than 10% taller than other adjacent structures; or mounted so that it does not extend the existing structure on which it is located to a height of more than 50 feet or by more than 10%, whichever is greater.

(b)

Each antenna associated with the deployment of the facility, excluding associated equipment, is no more than three cubic feet in volume.

(c)

All wireless equipment, other than the antennae, associated with the facility, including the wireless equipment associated with the antennae and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.

(d)

The facility does not require antenna structure registration under FCC rules, in particular, 47 CFR Part 17.

(e)

The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified by the FCC, in particular 47 CFR 1.1307(b).

(15)

STEALTH TECHNOLOGY — Camouflaging methods applied to wireless communications towers, antennae, and other related facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure, and facilities constructed to resemble trees, shrubs, and light poles.

(16)

SUBSTANTIALLY CHANGE — 1) Any increase in the height of a wireless support structure 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, except that the mounting of the proposed wireless telecommunications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or 2) any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

(17)

TOWER-BASED WIRELESS TELECOMMUNICATIONS FACILITY (TOWER-BASED WTF) — Any structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers, monopoles, utility poles, and light poles. DAS hub facilities are considered to be tower-based WTFs.

(18)

TOWNSHIP — Lower Frederick Township, Montgomery County, Pennsylvania.

(19)

WBCA — Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.)

(20)

WIRELESS — Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

(21)

WIRELESS TELECOMMUNICATIONS FACILITY (WTF) — The antennae, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics, and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

(22)

WIRELESS TELECOMMUNICATIONS FACILITY APPLICANT (WTF APPLICANT) — Any person that applies for a wireless communication facility building permit, zoning approval, and/or permission to use the public ROW or other Township-owned land or property.

(23)

WIRELESS SUPPORT STRUCTURE — A freestanding structure, such as a tower-based wireless telecommunications facility or any other support structure that could support the placement or installation of a wireless telecommunications facility if approved by the Township.

General requirements - all facilities. Unless otherwise prohibited by the WBCA or federal regulations, all wireless telecommunications facilities shall be permitted only by conditional use in accordance with § 170-31 of this chapter. Where conditional use approval is prohibited by the WBCA or federal regulations, such covered facilities shall be allowed by right. All WTFs shall be subject to the following regulations:

(1)

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

(2)

Wind. Every WTF and support structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E Code, as amended). Such structures must be designed to withstand wind gusts of at least 100 miles per hour.

(3)

Interference. No WTF shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.

(4)

Radio frequency emissions. No WTF may, by itself or in conjunction with other WTFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(5)

Aviation safety. All WTFs shall comply with all federal and state laws and regulations concerning aviation safety.

(6)

Lighting. WTFs shall not be artificially lit, except that security lighting may be used as long as it is shielded and pointed towards the ground to retain the light within the boundaries of the property or except as required by law. If lighting is required or proposed, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

(7)

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

(8)

Historic buildings or districts. No WTF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or eligible to be so listed, or has been designated by the Township as being of historic significance.

(9)

Natural resources. The location of the WTF and all accessory structures and equipment shall comply with all applicable natural resource protection standards of this chapter.

(10)

Security. All communications equipment buildings and similar structures/areas shall be equipped with an appropriate security or alarm system for detection of fire. All towers, poles, and similar structures shall be fitted with anti-climbing devices, as approved by the manufacturer.

(11)

Monitoring and maintenance. The following requirements shall apply:

(a)

Every WTF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b)

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the general public.

(c)

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

(12)

Graffiti. Any graffiti or unapproved signs on a tower-based or non-tower WTF or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti or signs.

(13)

Indemnification. Every applicant for a WTF shall complete an indemnification provision as a part of the application process. This provision shall provide that each person that owns or operates a WTF will, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, and agents, at all times, against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by, or connected with any act or omission of the person, its officers, agents, employees, or contractors arising out of, but not limited to, the construction, installation, operation, maintenance, or removal of the WTF. Each person that owns or operates a WTF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance, or removal of the WTF. The obligation to indemnify, hold harmless, and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.

(14)

Inspection.

(a)

All WTFs shall be inspected every two years by an expert who is regularly involved in the maintenance, inspection, and/or erection of such facilities. At a minimum, this inspection shall be conducted with the tower inspection class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antennae Towers and Antenna Support Structures. A copy of said inspection report shall be provided to the Township.

(b)

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

(c)

All WTF applicants shall provide the Township with a written commitment that they will allow the Township to inspect their WTF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law and that they grant the Township and/or its agents the authority to enter the property upon which a WTF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(15)

Application. Subsequent to conditional use approval and prior to construction/installation of the WTF, the applicant shall obtain a building permit from the Township. The plan and design calculations for the construction of any WTF shall contain the seal and signature of a Pennsylvania licensed structural engineer.

General requirements - tower-based WTFs. All tower-based wireless telecommunications facilities shall be subject to the following regulations:

(1)

Location. Tower-based WTFs shall only be allowed in the following Wireless Telecommunications Overlay Zones:

(a)

CC Community Commercial, LI Limited Industrial, OI Office Institution, and VMU Village Mixed-Use Districts.

(b)

On lots of eight acres or greater in the R-1 Rural Residential and R-2 Low-Density Residential Districts.

(c)

Attached to a tower or structure existing as of April 11, 2021, and located in any Zoning District.

(2)

Gap in coverage. An applicant for a tower-based WTF must demonstrate that a significant gap in wireless coverage exists in the applicable area and that the type of WTF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

(3)

Colocation. An application for a new WTF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed WTF cannot be accommodated on an existing structure or building, including, but not limited to, utility and traffic light poles. Any application for approval of a WTF shall include a comprehensive inventory of all existing towers, buildings, and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized. If an existing building or structure is found, it shall be used to mount the antenna unless the applicant provides written proof to the Township that the owner denied permission to the applicant to install the antenna on this building or structure.

(4)

Timing of approval. Within 30 calendar days of the filing of an application for a tower-based WTF with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. Any application for a tower-based WTF shall be acted upon within 150 days of the receipt of a fully completed application for a tower-based WTF. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period. The Township shall advise the applicant, in writing, of its decision on the application.

(5)

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

(a)

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

(b)

If the WTF 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 WTF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WTF, including any expenses incurred in conjunction with the removal of these facilities, including, but not limited to, engineering fees, attorney's fees, construction or demolition costs, and repair costs.

(c)

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

(d)

If the owner of the WTF fails to reimburse the Township for the costs of any removal activities undertaken by the Township within 30 days of being invoiced for the same, the Township may make demand upon any bond or other financial security maintained with the Township for such WTF for the full amount owed to the Township, including any expenses incurred in conjunction with the collection of these monies, including, but not limited to, legal costs and attorney's fees.

(e)

Removal of a tower-based WTF located in the ROW shall comply with the regulations set forth below for such facilities.

(6)

Signs. All WTFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.

(7)

Additional antennae. All tower-based WTF applicants shall provide the Township with a written commitment that it will allow other service providers to colocate antennae on its tower-based WTF where technically and economically feasible. The owner of a tower-based WTF shall not install any additional antennae without obtaining the prior written approval of the Township.

(8)

(9)

Bond. Prior to the issuance of a permit, the owner of a tower-based WTF shall, at its own cost and expense, obtain and maintain a bond or other form of security acceptable to the Township Solicitor, in an amount of $100,000, from a surety licensed to do business in Pennsylvania. Such bond or security shall assure the faithful performance of the terms and conditions of this section and shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The original of said bond or security shall be provided to and held by the Township.

Specific requirements - tower-based WTFs inside of ROW. The following regulations shall apply to all wireless telecommunications facilities located within the right-of-way of any public street and all such WTFs shall comply with these requirements:

(1)

Height. Every WTF shall be designed at the minimum functional height. All WTF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any WTF located in the public rights-of-way shall not exceed 50 feet, which height shall include all subsequent additions or alterations.

(2)

Design requirements:

(a)

WTF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(b)

Antennae and all support equipment shall be treated to match the supporting structure. WTFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(3)

Equipment location. All WTFs 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 ROW as determined by the Township. In addition:

(a)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, the nearer edge of a sidewalk or pedestrian/bike path, or any building.

(b)

Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

(c)

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

(d)

Any underground vaults related to a tower WTF located within the right-of-way shall be reviewed and approved by the Township.

(4)

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a tower WTF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any WTF 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 the following circumstances:

(a)

The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way;

(b)

The operations of the Township or other governmental entity in the right-of-way;

(c)

Vacation of a street or road or the release of a utility easement; or

(d)

An emergency as determined by the Township.

(5)

Compensation for ROW use. In addition to permit fees as described above, every tower-based WTF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Township. The owner of each WTF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WTFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such WTFs.

Specific requirements - tower-based facilities outside of ROW. The following regulations shall apply to tower-based wireless telecommunications facilities located outside of the right-of-way of any public street and all such WTFs shall comply with these specific requirements:

(1)

Height. Any tower-based WTF shall be designed at the minimum functional height. All tower-based WTF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any tower-based WTF shall not exceed 175 feet, which height shall include all subsequent additions or alterations.

(2)

Design regulations and finishes.

(a)

To promote the aesthetics and compatibility of the use within the existing areas of the Township, tower-based WTFs located outside the public rights-of-way shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WTF applicant shall be subject to the approval of the Township. At a minimum, all applications for a new WTF shall propose an alternate design in the form of a tree or silo where feasible.

(b)

Any height extensions to an existing tower-based WTF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WTF to more than 175 feet. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.

(c)

Any proposed tower-based WTF outside the public rights-of-way shall be designed structurally, electrically, and in all respects to accommodate both the WTF applicant's antennae and comparable antennae for future users.

(d)

At a minimum, all tower-based WTFs outside the public rights-of-way shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

(3)

Surrounding environs.

(a)

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

(b)

The tower-based WTF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WTF, and anchors for guy wires, if used.

(4)

Notice. In conjunction with an application for any WTF which shall be located outside the public rights-of-way, the applicant shall mail notice thereof to the owners and tenants of every property within 1,000 linear feet of the site of the proposed facility and shall provide proof of the mailing of such notice to the Township.

(5)

Sole use on a lot. A tower-based WTF is permitted as a sole use on a lot subject to the following:

(a)

Minimum lot size: one acre.

(b)

Minimum setbacks measured from the required security fence: 35% of the height of the wireless support structure or the yard setbacks applicable to the zoning district in which the WTF is located, whichever is greater.

(6)

Combined with another use. A tower-based WTF may be permitted on a lot with an existing agricultural, industrial, commercial, institutional, or municipal use, subject to the following conditions:

(a)

The existing use on the property shall be any permitted use in the applicable zoning district, and need not be affiliated with the WTF.

(b)

Minimum lot size. The minimum lot area shall be the area needed to accommodate the tower/pole (guy wires if used), the communications equipment building, security fence, and buffer planting, which shall be in addition to the required lot area for the existing permitted use.

(c)

Minimum setbacks. Minimum setbacks measured from the required security fence: 35% of the height of the wireless support structure or the yard setbacks applicable to the zoning district in which the WTF is located, whichever is greater.

(d)

Access. Whenever feasible, the vehicular access to the communications equipment building shall be provided along the circulation driveways of the existing use.

(7)

Fence/screen.

(a)

An eight-foot high security fence shall completely surround any tower-based WTF, guy wires, communications equipment building, or any other structure housing WTF equipment.

(b)

An evergreen screen, consisting of arborvitae trees six feet in height, planted at three-foot intervals, shall be planted along the perimeter of the security fence, unless otherwise approved by the Board of Supervisors.

(8)

Accessory equipment.

(a)

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

(b)

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

(9)

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WTF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Two off-street parking spaces, or one space per employee, whichever requires the greatest number of spaces, shall be provided. Where necessary, the WTF owner shall present documentation to the Township that the property owner has granted an access easement for the proposed facility.

Specific requirements - Non-tower facilities outside of ROW. All non-tower wireless telecommunications facilities, except for those located in the public rights-of-way, shall be subject to the following regulations:

(1)

Permitted in all zones subject to regulations. Non-tower WTFs are permitted in all zones in accordance with the restrictions and conditions prescribed within this chapter and subject to the prior written approval of the Township.

(2)

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

(a)

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

(b)

If the WTF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WTF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WTF.

(c)

Removal of a Non-Tower WTF located in the ROW shall comply with the regulations set forth below for such facilities.

(3)

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WTF, as well as related inspection, monitoring, and related costs. Where the non-tower WTF does not substantially change the physical dimensions of the wireless support structure to which it is attached, the Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of this non-tower WTF or $1,000, whichever is less.

(4)

Timing of approval. Within 30 calendar days of the date that an application for a non-tower WTF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

(5)

Bond. Prior to the issuance of a permit, the owner of a non-tower WTF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in an amount of $25,000 to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

Specific requirements - non-tower facilities in ROW. All non-tower wireless telecommunications facilities located in the public rights-of-way shall be subject to the following regulations:

(1)

Colocation. Non-tower WTFs in the ROW shall be colocated on existing poles, such as existing utility poles or light poles.

(2)

Design requirements:

(a)

(b)

(3)

Compensation for ROW use. In addition to permit fees as described above, every non-tower WTF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Township. The owner of each non-tower WTF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WTFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such non-tower WTF.

(4)

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair, and/or removal of all non-tower WTFs in the ROW based on public safety, traffic management, physical burden on the ROW, 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.

(5)

Equipment location. Non-tower WTFs 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 ROW as determined by the Township. In addition:

(a)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, the nearer edge of a sidewalk or pedestrian/bike path, or any building;

(b)

Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

(c)

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

(d)

Any underground vaults related to a non-tower WTF located within the right-of-way shall be reviewed and approved by the Township.

(6)

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a non-tower WTF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any WTF 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 the following circumstances:

(a)

The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way;

(b)

The operations of the Township or other governmental entity in the right-of-way;

(c)

Vacation of a street or road or the release of a utility easement; or

(d)

An emergency as determined by the Township.

(7)

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

Specific requirements - non-tower facilities that change support structure. All non-tower wireless telecommunications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached shall be subject to the following additional regulations:

(1)

Development regulations. Non-tower WTFs shall be colocated on existing structures, such as existing buildings or tower-based WTFs, subject to the following conditions:

(a)

If the WTF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

(b)

An eight-foot high security fence shall surround any separate communications equipment building, and an evergreen screen, consisting of arborvitae trees six feet in height, planted at three-foot intervals, shall be planted along the perimeter of the security fence, unless otherwise approved by the Board of Supervisors. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(2)

Design regulations.

(a)

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

(b)

Non-tower WTFs, which are mounted to a building or similar structure, may not exceed a height of 50 feet above the roof or parapet, whichever is higher.

(c)

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

(d)

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

(e)

Non-commercial usage exemption. Persons utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this subsection.

(3)

Removal, replacement, and modification.

(a)

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

(b)

Any material modification to a WTF shall require a prior amendment to the original permit or authorization.

Conditional use requirements. Applicants for a wireless telecommunications facility shall present testimony and evidence to the Board of Supervisors in support of the following requirements:

(1)

The applicant shall present documentation that the facility is designed in accordance with all the standards cited in this chapter for WTFs.

(2)

The applicant shall demonstrate that the antenna/tower/pole for the WTF is the minimum height necessary for the service area.

(3)

The applicant shall demonstrate that the proposed WTF complies with all state and federal laws and regulations concerning aviation safety.

(4)

The need for additional buffer yard treatments shall be evaluated.

(5)

The applicant shall demonstrate that the WTF must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.

(6)

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

Township facilities. Proposed or existing WTFs owned, operated, or leased by Lower Frederick Township or located upon property owned by Lower Frederick Township shall not be subject to the requirements of this section, nor to the conditional use provisions of this chapter. This exemption does not apply to proposed or existing WTFs located in Township-owned rights-of-way and owned by non-Township entities.

Specific standards for small wireless facilities. All small wireless facilities shall be subject to the following regulations in addition to the requirements applicable to the type of WTF the SWF is proposed to be (tower, non-tower, etc.) as set forth in this section:

(1)

All SWFs shall comply with and follow the standards set forth in the Lower Frederick Township "Design Standards Manual for Small Wireless Communication Facilities."

(2)

All SWFs shall be installed and maintained in a workmanlike manner in compliance with the Pennsylvania Uniform Construction Code, National Electric Safety Code, and the National Electrical Code, as applicable.

(3)

All SWFs shall comply with the Americans with Disabilities Act and all applicable requirements relating to streets and sidewalks as established by the Township Code.

(4)

No SWFs and/or antennae mounted on an existing structure shall impair the function of said structure.

(5)

No accessory equipment shall feature any lighting, including flashing indicator lights, unless required by state or federal law.

(6)

Replacement poles.

(a)

The maximum height of any proposed replacement pole shall be the greater of the following:

[1]

Ten percent higher than the tallest existing pole in the same right-of-way within a 250-foot radius of the proposed SWF; or

[2]

Fifty feet above ground level (calculated as the average ground level of an area 20 feet in radius around the pole) where the replacement pole is to be installed.

(b)

Any replacement pole shall be designed to accommodate all uses that exited on the existing utility pole prior to replacement. As part of an application for a SWF, the applicant shall provide documentation from a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the replacement pole, SWF, and prior existing uses shall be structurally sound.

(7)

New poles. The maximum height of any proposed new pole shall be the greater of the following:

(a)

Ten percent higher than the tallest existing pole in the same right-of-way within a 250-foot radius of the proposed SWF; or

(b)

Fifty feet above ground level (calculated as the average ground level of an area 20 feet in radius around the pole) where the new pole is to be installed.

(8)

Timing of approval.

(a)

Incomplete application. Within 10 calendar days of receiving an incomplete original or revised application for a SWF, the Township shall notify the applicant, in writing, of this fact and state what information is required to complete such application. If an applicant for a SWF submits an incomplete original application, the deadlines for approval listed below shall restart upon the filing of the revised application, so long as the Township has notified the applicant, in writing, within 10 days of submission that the original application is incomplete. When a revised application has been found to be incomplete, the deadlines for approval are tolled until the missing information is submitted, so long as the Township has notified the applicant, in writing, within 10 days of submission of the revised application that the additional information provided is insufficient.

(b)

Any application to add a SWF to an existing structure shall be fully acted upon by the Township within 60 days of the receipt of a fully completed application for such a SWF. The Township shall advise the applicant, in writing, of its decision on the application.

(c)

Any application for a SWF that requires a new support structure, such as a new pole, shall be fully acted upon by the Township within 90 days of the receipt of a fully completed application for such a SWF. The Township shall advise the applicant, in writing, of its decision on the application.

(9)

Fees.

(a)

(b)

Compensation for ROW use. In addition to the above-described permit fees, every SWF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Township. The owner of each SWF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above.

(c)

The fees for SWFs shall be determined by the Township and authorized by resolution of Township Board from time to time and shall be based on the Township's actual costs for processing applications and managing the rights-of-way concerning SWFs.

§ 170-30 Parking of vehicles in residential districts.

[Amended 10-2-2012 by Ord. No. 12-04]

The parking of vehicles that may be legally operated under a standard Pennsylvania Class C license (defined below) is permitted within all residential districts. Any vehicle requiring special endorsement or a license class other than "C" is not permitted in any residential district unless it is approved by the Supervisors by a grant of a conditional use. Exceptions to the regulation are motorcycles, handicap vehicle endorsement, local delivery (as permitted), utility installation, repair and maintenance vehicles, emergency response vehicles, public conveyance vehicles and school buses. The parking of vehicles transporting hazardous materials requiring placarding are not allowed in residential areas.

Class C license defined. A Class C driver’s license is issued to persons 18 years of age or older. A Class C license is required to operate any single vehicle with a gross vehicle weight rating of less than 26,001 pounds.

Factors to be considered for a conditional use are:

(1)

Availability of shielded off-street parking or an acceptable structure to house the vehicle.

(2)

The availability of access roads sufficiently able to convey the load requirements of the vehicle.

(3)

The size of the residential lot to be used for parking.

The above list of conditional use factors is not exclusive and the Supervisors may consider any evidence presented which affects the health, safety and welfare of the community.

§ 170-31 Conditional use applications.

An application for any conditional use as specified in the various articles of this chapter shall be considered by the Township Board Supervisors according to the following procedure:

Application.

(1)

The application shall be submitted in writing to the Township Manager, on a form to be supplied by the Township, and shall include sufficient information to document compliance with the applicable standards of this chapter. A tentative sketch plan of the proposed development shall also be included.

(2)

The application shall include a fee, which shall be set by resolution of the Board of Supervisors.

(3)

The Township Manager shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review, one copy to the Township Planning Commission, one copy to the Township Board of Supervisors, one copy to the Township Zoning Officer, and other copies to agencies and/or technical consultants whose review may be relevant.

Public hearing.

(1)

The Board of Supervisors shall commence the hearing on conditional use within 60 days of the receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. Applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

[Amended 7-2-2002 by Ord. No. 02-03; 7-5-2005 by Ord. No. 05-08]

(2)

The Township Board of Supervisors shall consider the comments and recommendations of the Township and County Planning Commissions, other advisors, and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of this chapter.

(3)

The applicant shall demonstrate at the public hearing that the proposed use shall not be contrary to the public health, safety, and welfare of the community. In particular, the applicant shall demonstrate the adequacy of the proposed vehicular circulation system and other roadway improvements, pedestrian circulation system, utilities, buffering and screening, and protection of floodplains and steep slopes. These requirements are in addition to any other regulations required by this chapter.

(4)

The Board shall render a written decision 45 days after the last hearing before the Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with reasons. Conclusions based on any provision of statute, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. The Board shall provide to all other parties by mail or otherwise brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined within 10 days of the decision.

[Added 7-5-2005 by Ord. No. 05-08]

(5)

Any person affected by the application may only become a party by filling out an entry of appearance form in writing provided by the Board. Any person or entity whatsoever filing this form and desiring party status must have the entry of appearance filed not later than the conclusion of the final hearing. A person or entity not directly affected by the application may become a party if such person or organization files an entry of appearance form and receives permission from the Board to proceed as a party on the record.

[Added 7-5-2005 by Ord. No. 05-08]

§ 170-32 Height of nonresidential buildings and other structures.

[Amended 11-8-2000 by Ord. No. 00-04]

Unless specified otherwise, the following maximum height limitations shall apply:

For barns, silos, or other major agricultural buildings: 60 feet.

For any other nonresidential building or structure: 40 feet, except that such height may be increased to a maximum of 60 feet or such increased height as may be warranted, when approved by the Zoning Hearing Board as a special exception, for such unoccupied structures such as water towers, antennas, chimneys, and steeples, provided that the minimum setback of the structure from ultimate rights-of-way, property lines, and/or other structures shall be not less than the height of the tall structure, measured to its highest point.

§ 170-33 Performance standards.

All permitted uses in this chapter shall comply with the performance standards contained herein.

Air pollution controls. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. 4001 to 4015, as amended, and the following standards:

(1)

Smoke. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10% for a period or periods aggregating more than three minutes in any one hour; or equal to or greater than 30% at any time, and shall comply with Pa. Code Title 25, Chapter 127.A(7), or its most recent update.

(2)

Particulate, vaporous, and gaseous emissions.

(a)

No emission shall be made which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause any excessive soiling at any point.

(b)

No emission of particulate matter shall exceed 0.0115 grams per dry standard cubic foot, corrected to 7% oxygen. Provisions must be made to reduce dew point cycling and resulting damage to particulate control devices.

(c)

For measurement of the amount of particles in gases resulting from combustion, standards correction shall be applied to a stack temperature of 500° F. and 50% excess air.

(3)

Hazardous air emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C.S. § 7412) as promulgated in 40 CFR Part 61, or its most recent update.

(4)

Odor.

(a)

No person shall cause, suffer, or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated.

(b)

The prohibition on odors shall not apply to odor emissions arising from the premises of a farm operation.

(c)

Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor reduction equipment shall be maintained to support primary odor reduction equipment.

Noise control. At no point on a lot boundary shall the sound level of any operation exceed the described levels of the designated octave bands shown below for the districts indicated. Objectionable noises, due to intermittence, beat frequency, or shrillness, shall be muffled so as not to become a nuisance to adjacent uses.

Octave Band in Cycles per Second	Along Residential District Boundaries: Maximum Permitted Sound Level in Decibels	At Any Other Point on the Lot Boundary: Maximum Permitted Sound Level in Decibels
0 to 75	72	79
75 to 150	67	74
150 to 300	59	66
300 to 600	52	59
600 to 1,200	46	53
1,200 to 2,400	40	47
2,400 to 4,800	34	41
Above 4,800	32	39

Vibration control. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line.

Glare or heat control. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot line.

Control of radioactivity or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property boundary of the creator of such disturbance.

Fire and explosive hazards. Flammable and explosive materials shall be stored, used, and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels.

§ 170-34 Surface mining and quarrying.

Where permitted by district regulations, surface mining and quarrying shall be permitted only on sites of more than 25 acres.

No quarrying or mining activity shall take place within 500 feet of any property boundary.

Mining and quarrying activities shall take place only between the hours of 7:00 a.m. and 7:00 p.m., and shall not take place on Sundays or legal holidays.

Trucks shall be covered when leaving the site, and shall not create dusty conditions beyond the boundaries of the subject property.

The perimeter of the property shall be sufficiently fenced to prevent entry of unauthorized personnel.

The mining or quarrying operation shall be surrounded by a vegetative buffer sufficient to provide year-round screening from view from any public road.

§ 170-35 Heliports.

Heliports shall be permitted when authorized by the Board of Supervisors as a conditional use in the R-1 Rural Residential or LI Limited Industrial Districts, only when licensed by the Pennsylvania Department of Transportation (PADOT), Bureau of Aviation, and otherwise in compliance with applicable federal regulations.

No portion of a heliport, including buildings, storage, maintenance, and landing area, may be within 250 feet of a property line of a lot used for residential or institutional purposes.

Appropriate fencing shall be provided by the applicant to restrict pedestrian and vehicular access to the heliport.

Development shall otherwise be in accordance with the requirements of the district in which the heliport is located.

A heliport may not be used unless a valid Township conditional use permit is in effect.

(1)

Helicopter, balloon, ultra-light, or other aircraft landing or takeoff from non-heliport, non-airport, or any other site without a valid conditional use permit may only be allowed when it is done:

(a)

With written approval of the Board of Supervisors.

(b)

In conjunction with a special event, such as an athletic contest, a holiday celebration, parade, or similar activity, after reasonable advance notice has been given to the Township of the intention to do so; or

(2)

The applicant shall apply to the Board of Supervisors for a tentative approval of the conditional use.

(3)

Following tentative approval, the applicant shall secure all necessary state and federal licenses and permits. The applicant may submit plans for land development approval for the heliport at the same time.

(4)

After securing all necessary state and federal licenses and permits, and receiving land development approval for the heliport plan, the Board of Supervisors will grant final approval to the conditional use application.

(5)

When located in a residential zoning district, the site:

(a)

Shall comply with the requirements herein applicable to sites in other zoning districts; and

(b)

Shall be used only by executive type helicopters; and

(c)

Shall be located not closer than 250 feet from the closest property line.

(6)

The permit shall be renewable annually.

(7)

The permit shall be automatically revoked:

(a)

If the Bureau of Aviation, PADOT, revokes the heliport's license or refuses to re-license the heliport after one of its periodic inspections; or

(b)

If the FAA withdraws or revokes its approval, if initially required; or

(c)

Thirty days after the Zoning Officer has notified the permit holder in writing that the heliport is no longer in compliance with the Township permit's requirements, provided that the noncompliance has not been corrected within those 30 days.

(8)

When the heliport's permit and/or license has been revoked, the operator shall close the site by publishing and posting notices to that effect, and employing such visual markers as are customary for this purpose.

(9)

Other aircraft. Other aircraft such as balloons, ultra-lights, etc., may take off and land only at properly licensed airports or heliports. Heliport use for these purposes shall be permitted only when authorized by the Board of Supervisors as a conditional use. The Board of Supervisors may limit the hours of operation and number of aircraft involved as part of their approval.

Any airport or heliport operations or landings or takeoffs not in compliance with these requirements shall be a violation of this chapter, subject to the enforcement remedies found in § 170-169 of this chapter.

§ 170-36 Traffic impact studies.

Intent. A traffic impact study is intended to enable the Township to assess the traffic impacts of a proposal. Specifically, its purpose is to:

(1)

Identify any traffic problems that may be created in the existing highway network as a result of the proposal.

(2)

Delineate solutions to potential problems and to present improvements to be incorporated into the proposal or into the highway and/or public transit systems within the study area.

(3)

Assist in the protection of air quality and the conservation of energy, and to encourage the use of public transit where available.

Preparation of study. The traffic impact study shall be prepared by a qualified traffic engineer and/or transportation planner with the cost borne by the applicant. The procedures and standards for the traffic impact study are set forth below.

Applicability.

(1)

A traffic impact study shall be submitted with all requests for change of zoning, special exception, conditional use, and as part of the preliminary plan application for all subdivisions and/or land developments when the proposed use and/or development involves 30 or more dwelling units or 25,000 square feet of nonresidential floor area.

[Amended 2-7-2023 by Ord. No. 2023-01]

(a)

Proposals which would not be required to produce a traffic impact study by reason of size, above, must produce a study if the expected number of trips generated per day exceeds 500.

(b)

The anticipated number of trips per day shall be determined through the use of Institute of Transportation Engineers' (ITE) Trip Generation Report (most recent edition, as amended). The proposed use or development shall be identified using the appropriate ITE land use code. Where doubt exists, the applicant shall seek guidance from the Township Planning Commission and Township Engineer.

(2)

An application which requires a traffic impact study shall not be considered complete until the traffic impact study is submitted to the appropriate review body in accordance with the provisions of this section.

(3)

The appropriate review body, at its discretion, may require any other subdivision, land development, zoning change, special exception or conditional use application to be accompanied by a traffic impact study.

(4)

Waiver or modification.

(a)

The Board of Supervisors may waive or modify the requirement for a traffic impact study, the extent of the study area, or any of the requirements and standards of this § 170-36, provided that such waiver or modification will not be contrary to the public interest and that the purposes of the impact study are adequately served.

(b)

In considering a waiver or modification, the Board of Supervisors may consider such factors as the location of the subject property, its proximity to intersections and major roadways, the size and intensity of the proposed subdivision or land development, the number and location of proposed access to the subject property, the nature of the use proposed, and the advice of the Township Engineer.

General requirements and standards.

(1)

Site description. The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed land development. If the development is residential, types of dwelling units shall also be included. The general site description shall also include probable socioeconomic characteristics of potential site users to the extent that they may affect the transportation needs of the site, e.g., number of senior citizens. A brief description of other major existing and proposed land development within the study area shall be provided.

(2)

Transportation facilities description. The description shall contain a full documentation of the proposed internal and existing external transportation system:

(a)

This description shall include proposed internal vehicular, bicycle and pedestrian circulation, all proposed ingress and egress locations, all internal roadway widths and rights-of-way, parking conditions, traffic channelizations, and any traffic signals or other intersection control devices at all intersections within the site.

(b)

The report shall describe the entire external roadway system within the study area. Intersections in the study area shall be identified and illustrated. Any existing and proposed public transit services and facilities within a one-mile radius of the site shall also be documented.

(c)

All future highway improvements, including proposed construction and traffic signalization, shall be indicated. This information shall be obtained from the Pennsylvania Department of Transportation's Twelve-Year Highway and Bridge Program and from the Township. Any proposed roadway improvements associated with surrounding proposed development shall be noted.

(3)

Existing traffic conditions. Existing traffic conditions shall be measured and documented for all roadways and intersections in the study area and shall include:

(a)

Current average daily traffic volumes, peak highway hour(s) traffic, and peak development-generated hour(s) traffic.

(b)

Manual traffic counts at all intersections in the study area, encompassing the peak highway and development generated hour(s), with documentation included as a technical appendix to the report.

(c)

Delay analysis based upon existing volumes, performed during the peak highway hour(s) and the peak development-generated hour(s) for all roadways and intersections in the study area.

(d)

Volume/capacity (v/c) analysis for all intersections having a level of service D, E, or F or which should be reasonably expected to have such a level of service after the proposed development. Volume/capacity ratios and delay levels of service shall be determined for each location according to the 1994 Highway Capacity Manual, as amended.

(e)

The date or dates when any and all traffic counts were made.

(f)

Analysis of the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or signalized intersections experiencing levels of service E or F, and v/c ratios greater than or equal to 1.0, shall be noted as deficient. Unsignalized or undersignalized intersections with levels of service E or F shall be noted as deficient.

(4)

Impact of development.

(a)

Estimation of vehicular trip generation to result from the proposal shall be completed for the average daily peak highway hour(s) and peak development-generated hour(s). All turning movements shall be calculated.

(b)

These generated volumes shall be distributed to the study area and assigned to the existing roadways and intersections throughout the study area. Provide documentation of all assumptions used in the distribution and assignment phases. Traffic volumes shall be assigned to individual access points.

(c)

Pedestrian volumes shall also be calculated, if applicable. If school crossings are to be used, pedestrian volumes shall be assigned to each crossing.

(d)

Note any characteristics of the site that will cause particular trip generation or distribution problems.

(5)

Analysis of impact.

(a)

The total future traffic shall be calculated and shall consist of the existing traffic volume expanded to the project completion year using an annual background growth factor plus the development-generated traffic and the traffic generated by other proposed developments in the study area.

(b)

The annual background growth factor shall be determined using the projected rates of population and employment growth as determined by Montgomery County Planning Commission and the average annual traffic growth of the area's roadways as determined from the Delaware Valley Regional Planning Commission's "Highway Network Coverage Traffic Counts" and current twenty-four-hour traffic counts.

(c)

Delay analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made.

(d)

Analysis shall include the peak highway hour(s) and peak development-generated hour(s) for all roadways and intersections in the study area. Delay calculations shall be completed for all intersections and proposed access points to the development. A volume/capacity (v/c) analysis shall be conducted for all intersections having a future level of service D, E or F.

(e)

All access points and pedestrian crossing shall be examined as to the feasibility of installing traffic signals. This evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation.

(6)

Conclusions and recommendations.

(a)

Levels of service (LOS) and volume/capacity (v/c) ratios shall be listed for all roadways and intersections. All roadways and intersections showing a level of service E or F, and v/c rations equal to or greater than 1.0, shall be considered deficient.

(b)

The proportion of site-generated traffic to total future traffic shall be identified at each lane group that is considered deficient. Specific recommendations for the elimination of all deficiencies shall be listed and shall include: internal circulation design, site access location and design, external roadway intersection design and improvements, traffic signal installation and operation including signal timing, and transit design improvements.

(c)

All physical roadway improvements shall be illustrated.

(d)

Signal timing shall be evaluated for any intersection with a level of service D, E or F, but a volume/capacity (v/c) ratio less than 1.0. Warrants for signalization shall be examined for unsignalized or undersignalized intersections with levels of service E or F.

(e)

Existing and/or future public transit service shall also be addressed and any transportation management techniques which would be available to the proposed development shall be identified. A listing of all actions to be taken to encourage public transit usage for development generated trips and/or improve existing service, if applicable, shall be included.

Traffic-related definitions. As used in this section, the following terms shall have the meanings indicated:

CAPACITY ANALYSIS

Intersection approach capacity is the maximum rate of vehicular flow that can pass through an intersection under prevailing roadway, traffic and signalization conditions. The analysis compares the actual or projected traffic volume to the intersection capacity and results in a volume/capacity (v/c) ratio.

LEVEL OF SERVICE

Level of service (LOS), as described in the 1994 Highway Capacity Manual (Special Report 209, Transportation Research Board, as amended), is a qualitative measure of the operational conditions within a traffic stream and their perceptions by motorists. Levels of service are defined in terms of delay for signalized intersections and reserve capacity for unsignalized intersections. Six levels of service (A through F) are defined for each type of facility, with LOS "A" representing least congested operating conditions and LOS "F" representing a breakdown in operating conditions.

MAJOR INTERSECTION

The intersection of any arterial or collector street with any other arterial or collector street as defined by the Highway Classification Map of the Township or the equivalent document of adjacent municipalities where appropriate. The transportation engineer shall seek guidance from the Planning Commission prior to the initiation of the traffic impact study to insure agreement on the location of major intersections.

OFF-SITE TRANSPORTATION IMPROVEMENTS

Other transportation-related improvements which are generally not contiguous with the property being developed and not required as an on-site improvements but found to be necessary, partly or wholly as a result of the proposed development.

ON-SITE TRANSPORTATION IMPROVEMENTS

All improvements on or adjacent to the development site in the public right-of-way required to be constructed by the developer pursuant to any ordinance, resolution or requirement of the Township.

PUBLIC TRANSIT

Transportation services for the general public provided by a common carrier of passengers generally but not necessarily on a regular route basis, by a public authority or a private operator offering service to the public.

STUDY AREA

The study shall be defined by two concentric circles at each access point:

(1)

The first circle shall have a radius of 1/2 mile from each access point and shall include all intersections along all roadways on which the tract has frontage and all major intersections on all other roadways.

(2)

The second circle shall have a radius of one mile from each access point and include all major intersections on all roadways on which the tract has frontage. In the case that no major intersections are encountered on frontage roadways within either the 1/2 mile or one mile radius areas, the study area shall be extended along frontage roadways to at least the first major intersection in each direction.

(3)

Proposals that will generate more than 2,500 new average daily trips shall expand the first concentric circle to a one-mile radius and the second circle to a two-mile radius.

(4)

All intersections identified in the study area should be examined, even if the intersections are located outside of the Township. The transportation engineer shall seek guidance from the Planning Commission prior to the initiation of the traffic impact study to insure agreement on the study area boundaries.

TRIP

A one way trip into or out of the premises, and not what is commonly referred to as a "round trip."

(1)

TRIP GENERATION RATES

The total count of trips to and from a study site per unit of land use, as measured by parameters like dwelling units or acres. The Institute of Transportation Engineers (ITE) Trip Generation Report (Third Edition, as amended) shall be referenced to determine specific rates.

WARRANTS FOR TRAFFIC SIGNAL INSTALLATION

A series of tests which detail the minimum traffic or pedestrian volumes or other criteria necessary for the installation of a traffic signal. These warrants are contained in the PennDOT Manual 201.

§ 170-37 Solid waste management.

DEP Chapter 75. Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article I, Land Resources, Chapter 75 Solid Waste Management Rules and Regulations adopted August 1, 1971, amended May 24, 1977, effective June 27, 1977, and all subsequent amendments thereto is hereby adopted as the controlling rules and regulations governing all solid waste activities in Lower Frederick Township. In the event of any conflict between the said rules and regulations of the Department of Environmental Protection and the provisions of this chapter, the Department of Environmental Protection regulations will take precedence.

Permit required. A permit issued by the Lower Frederick Township Board of Supervisors shall be required for any person or entity to use or continue to use land or to conduct or continue to conduct through the use of land or otherwise, within Lower Frederick Township, for any waste activity including, but not limited to, storage, transfer, processing, collection, treatment, or disposal. Provided, however, this requirement shall not be applicable to on-site septic systems or any other activity regulated by Chapter 73 of Act 537, the Pennsylvania Sewage Facilities Act.[1]

[1]

Editor's Note: See 35 P.S. § 750.1 et seq.

Application requirements. No application for any waste activity permit, using, in any way, land in Lower Frederick Township, whether for sanitary landfill or for any other waste operation or activity, storage, transfer, processing, treatment, or disposal, will be considered by the Board of Supervisors until a special exception for the proposed use is first obtained from the Township Zoning Hearing Board as required by Lower Frederick Township Ordinance No. 83-3, an ordinance amending the Lower Frederick Township Zoning Ordinance.[2] Applications for a waste activity permit must be submitted in writing to the Board of Supervisors of Lower Frederick Township and shall be accompanied by all information required for the activity by the Department of Environmental Protection, which requirements are hereby incorporated herein as fully as though set forth at length. All required information shall be certified by the applicant to be a true and correct copy of the original thereof as submitted to Department of Environmental Protection. At the time of application, the applicant shall submit to the Board of Supervisors evidence of coverage by environmental impact liability insurance to take effect prior to the commencement of any waste activity for which the permit application is being made. The extent and amount of such insurance shall be as recommended by the Township Engineer with respect to the particular waste activity to be undertaken.

[2]

Editor's Note: Said ordinance is on file in the Township offices.

Fees.

(1)

Application fee. Each application for a permit renewal shall be accompanied by a nonrefundable application fee and an escrow deposit to be applied against the cost to the Township for a technical survey of the application. A refund of the excess of the deposit above the actual cost of a technical survey will be made to the applicant. If the technical survey costs exceed deposits, the Township will cease the survey until additional funding is received from the applicant. The application fee and escrow shall be established by resolution.

(2)

Operating fee. The Board of Supervisors shall levy an operating fee based on the amount of waste stored, processed, treated, or disposed of. This fee shall be established by resolution. Operating fees shall be collected by the permittee and submitted to the Township monthly.

Revocation or suspension of permit. Any permit granted by the Board under the provisions of this section shall be revocable or subject to suspension, at any time, upon the determination by the Board that the landfill or landfill site:

(1)

Is, or has been conducted in violation of this or any other ordinance of Lower Frederick Township, the Pennsylvania Solid Waste Management Act,[3] or the regulations or standards of the Pennsylvania Department of Environmental Protection; or

[3]

Editor's Note: See 35 P.S. § 6018.101 et seq.

(2)

Constitutes a public nuisance or poses a potential hazard to the public health, safety, or welfare.

Standards. The following standards shall apply to the various waste activities as indicated. In the event of any conflict between these standards and any other standards of this chapter, the standards herein shall take precedence.

(1)

All waste activities shall be governed by the standards contained in DEP Chapter 75.

(2)

All waste activities, with the exception of land application of sludges for normal farming operations, shall be subject to the following:

(a)

Setbacks. The proposed waste activity shall be located a minimum of 200 feet from any right-of-way or property line.

(b)

Screening. The proposed activity shall be screened with suitable vegetation or fencing, so that the activity, excluding the immediate entry and exit of vehicles, cannot be viewed from a public road.

(c)

Access. Site entrances other than access routes, limited to emergency vehicles, shall be located only on a principal arterial, according to the classification of Chapter 145, Subdivision and Land Development.

(d)

Cleaning areas. An equipment cleaning area shall be provided on site, and all heavy equipment used to store, process, treat, or dispose of waste shall be cleaned at sufficient intervals so as to prevent odor, the spread of disease, or other nuisances. In addition, a tire cleaning area shall be reserved on site, and all tires on all trucks shall be cleaned prior to leaving the waste activity site in the same manner.

(e)

Trucks. All trucks in transit and entering or exiting the site shall be covered to prevent shifting or spilling of any waste.

(f)

Hours of operation. Waste activities shall be limited to 8:00 a.m. through 5:00 p.m., prevailing time, Mondays through Saturdays. A qualified employee shall be present at the site during business hours.

(g)

Final grade. For any waste activity involving excavation or landfilling, the final grade shall not exceed the highest point of the natural elevation of the site, as it was prior to commencement of the activity.

Collectors, trash and rubbish services. Pursuant to authority vested by Section 202 of the Pennsylvania Solid Waste Management Act of 1980, Act 97,[4] any person or entity collecting municipal or any other solid waste in Lower Frederick Township from any residential, commercial, or industrial generator thereof shall quarterly on January 1, April 1, July 1, and October 1 submit to the Township a list of customers served during the previous quarter year, type of waste collected, manner of transportation thereof, and manner and location of ultimate disposal thereof, including, but not limited to, any processing, transfer, or temporary storage thereof, in the interim. Submission of said information shall be upon the form established by resolution of Lower Frederick Township. No person or entity may engage in collection of waste in Lower Frederick Township without providing said information and unless all of said information conforms to the officially adopted plan for municipal waste management system serving Lower Frederick Township.

[4]

Editor's Note: See 35 P.S. § 6018.101 et seq.

Severability. The provisions of this section are severable and if any portion thereof shall be declared illegal, unconstitutional, or invalid by any court of competent jurisdiction, such findings shall not affect the remaining portion of this section and it is hereby declared the intention and purpose of the Board of Supervisors of Lower Frederick Township that this section would have been enacted without such illegal, unconstitutional, or invalid provision.

Penalties. Any person who violates any of the provisions of this section shall, upon conviction thereof, in addition to any other charges or penalties imposed by this section, pay a fine or penalty of not less than $100 nor more than $300 and the cost of prosecution and, in default in the payment thereof, shall undergo imprisonment in the Montgomery County Prison for not more than 30 days. A new and separate offense shall be deemed to have been committed for each day said violation exists.

Definitions. The following definition of terms shall apply in interpretation of this section:

DISPOSAL

The incineration, disposition, injection, dumping, spilling, leaking, or placing waste into or on the land or water in a manner that the waste or a constituent of the waste enters the environment, is emitted into the air, or is discharged to the waters of Lower Frederick Township.

HAZARDOUS WASTE

A waste which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

LAND APPLICATION OF SLUDGES

The utilization of agricultural lands for the disposal of sludges generated off site.

MANAGEMENT

The act or art of managing; control; skill in direction; administration.

MUNICIPAL WASTE

Any refuse generated within a municipality.

NORMAL FARMING OPERATIONS

The customary and generally accepted activities, practices, and procedures that farms adopt, use, or engage in year after year in the production and preparation for market of poultry, livestock, and their products; and in the production, harvesting and preparation for market of agricultural, agronomic, horticultural, silvicultural, and aquiculture crops and commodities; provided that such operations are conducted in compliance with applicable laws and provided that the use or disposal of these materials will not pollute the air, water, or other natural resources.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of waste, or converting or separating waste for off-site reuse. Processing facilities include, but are not limited to, transfer, composting, and resource recovery facilities.

SANITARY LANDFILL

A site on which engineering principles are utilized to bury waste without creating environmental degradation.

SLUDGE

Residual, semisolid material generated from, but not limited to, septic tanks, wastewater treatment plants, or food processing facilities.

STORAGE

The containment of any waste on a temporary basis (to be determined by the Township Engineer), in such a manner as not to constitute disposal.

TREATMENT

Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste, so as to render such waste nonhazardous, safer for transport, suitable for recovery or storage, or reduced in volume.

WASTE or SOLID WASTE

Any refuse.

§ 170-38 Fences and walls.

Fence orientation.

(1)

All fences shall be erected with the finished side facing adjacent properties. The finished side shall be considered the side without the structural supporting members.

(2)

Each fence shall be installed and maintained so that it is straight and does not sag or lean over the property line outward from the lot on which it is located.

(3)

Fences shall be painted muted colors, or left in a natural color. Fences shall not be inscribed with bright or bold designs on the outside.

(4)

Fences shall be erected only at the finished grade shown on the approved final plan for subdivision and/or land development. If there is no approved final plan for a lot, fences shall be erected only at the natural grade of the property, and shall not be erected on berms or artificial mounds.

Boundary fences and walls.

(1)

Location. Boundary fences and walls shall be located within five feet of the property line. They shall be located as close as possible to, but not on, the property line.

(2)

Height. Along the front lot line and along side lot lines for the depth of the minimum required front yard, boundary fences shall be a maximum height of four feet. Along side and rear lot lines, boundary fences shall be a maximum height of six feet for residential uses and eight feet for nonresidential uses. Boundary fences shall be no more than 50% opaque, evenly spaced at all points on the fence, when viewed at a right angle.

Decorative fences and walls. Decorative fences and walls may be located anywhere within a parcel and shall have a maximum height of three feet. Examples of decorative fences and walls include picket fences, iron fences, and stone walls.

Privacy fences are not permitted in front yards. The maximum height of privacy fences shall be six feet. Where privacy fences are attached to a structure, there shall be at least one access point (such as a gate or opening) at least three feet wide, for rapid access to and from the yards enclosed by the fence.

[Amended 1-5-2009 by Ord. No. 09-01]

Swimming pool fences. All in-ground swimming pools shall be fenced in compliance with the Township's regulations for installation of swimming pools.

Temporary fences. Temporary fences shall be constructed with wire, rolled plastic, or wood lath material. Maximum height shall be six feet. The Township Zoning Officer shall establish the time duration for a temporary fence.

Height limitation of fences and walls in open space. No fence or wall over six feet in height, except a retaining wall, or a wall of a building permitted under the terms of this chapter, shall be erected within any of the open spaces required by this chapter unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least 4:1. The Zoning Hearing Board may authorize by special exception the erection of walls or fences of greater height in such cases as may be necessary to provide adequate protection, shielding, or screening of open storage or equipment areas.

Regulations for all fences.

(1)

The tops of fence posts or vertical supports shall not exceed the maximum permitted height for the fence.

(2)

Gates and doors in fences shall not swing outward across a property line. Gates across driveways require a Knox® box.

[Amended 1-5-2009 by Ord. No. 09-01]

(3)

All fences and walls shall be constructed of durable materials, structurally sound, able to withstand high winds, resistant to rust or rot, and adequately maintained.

(4)

No fence or wall shall impede the natural flow of water in any watercourse, swale or ditch.

(5)

No fence with barbed wire, spikes, nails, or other sharp objects shall be permitted, except when used to enclose livestock or for security purposes for industrial or commercial uses, electrical substations, or other hazardous areas. No fence with electrical current is permitted except when used to enclose livestock. The electrical current shall be low enough so that is poses no hazard to people, animals, or property.

(6)

Fences within utility, stormwater, and/or access easements are discouraged. A landowner requesting such a fence shall first execute a fence easement agreement with the Township and demonstrate that the fence meets all requirements of the easement's restrictions. Such fences shall be designed to be removed easily.

(7)

Clear sight triangle. No fence or wall shall be constructed over 2 1/2 feet in height within the clear sight triangles of street intersections, as regulated in Chapter 145, Subdivision and Land Development.

Permits required. The landowner shall submit a plan showing the location of the proposed fence, its height, opacity, design, materials of construction, etc. The Township shall issue a permit if the proposed fence complies with the provisions of this chapter. The Township shall also have the authority to inspect the fence once it is built, to ensure that it was constructed according to the approved plan.

§ 170-38.1 Installation of manufactured homes.

[Added 7-25-2006 by Ord. No. 06-09]

Permanent installation. A manufactured home may be permanently installed for use as a single-family detached dwelling on an individual, privately owned lot that complies with the dimensional standards of the zoning district in which the lot is located. The manufactured home shall be installed on a permanent foundation in compliance with the building code standards applicable to a conventional, site-built home.

Temporary installation. A manufactured home may be temporarily installed for use as a single-family detached dwelling during construction of a permanent single-family detached dwelling. The temporary installation shall not exceed a period of one year and the manufactured home shall be removed no later than 60 days after an occupancy permit has been issued for the permanent dwelling.

§ 170-38.2 Alternative energy systems.

[Added 9-6-2011 by Ord. No. 11-06]

Solar energy systems.

(1)

Legislative intent. The purpose of this subsection is to provide a regulatory framework for the construction and operation of solar energy systems in Lower Frederick Township, subject to reasonable restrictions, which will preserve the public health, safety, and welfare, while also maintaining the character of Lower Frederick Township.

(2)

Definitions. For the purposes of this section, the following words, terms, and phrases, when used in this section, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:

GROUND-MOUNTED

Directly installed in the ground and not attached or affixed to an existing structure.

OFF-GRID

An energy system not connected to the public electric utility.

ON-GRID/GRID-CONNECTED

An energy system connected to the public electric utility.

PHOTOVOLTAIC (PV) SYSTEM

A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, that generate electricity whenever light strikes them.

SOLAR ENERGY

Radiant energy (direct, diffused, or reflected) received from the sun at wavelengths suitable for conversion into thermal, chemical or electrical energy.

SOLAR ENERGY SYSTEM

An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy to meet all or a significant part of a structure's energy requirements.

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

(3)

Applicability.

(a)

Accessory structure requiring a zoning permit, when applicable, and a building permit:

[1]

Any solar energy equipment shall be considered to be an accessory structure to the principal building.

(4)

General regulations.

(a)

All PV systems shall be subject to electrical, mechanical, and structural permits.

[1]

The permit application shall include electrical, mechanical and structural plans bearing the seal(s) of professional engineer(s) licensed in the Commonwealth of Pennsylvania unless part or all of this requirement is waived by the Building Code Official.

[2]

The meter base must be labeled with the type of system (micro inverter or regular inverter) and the location of the inverter.

[3]

All conductors or conduit carrying DC current must be labeled "DC current carrying conductor" every five feet.

[4]

Battery installation must comply with the applicable Current National Electric Code and Building Code. Plans need to be signed and sealed by a design professional licensed in the state of Pennsylvania.

(b)

Roof- or wall-mounted solar energy systems shall comply with the following:

[1]

A solar energy system shall not project vertically above the peak of the roof to which it is attached, as viewed from the property line.

[2]

No PV system components shall be placed within five feet of any chimney wall or opening. A three-foot clear path shall be provided and maintained from the roof eave or gutter line to the chimney, or the roof edge to allow access to the chimney.

(c)

Ground-mounted solar energy systems shall be categorized as accessory structures meeting all setbacks and height requirements.

(d)

The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(e)

When an owner of a solar energy system has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

(f)

A solar energy system shall comply with all applicable state construction and electrical codes, and the National Electrical Code. Prior to the issuance of a building/zoning permit for installation of a solar energy system, the applicant must submit to the Township all documentation required by the Township to verify that the design of the device complies with the Pennsylvania Uniform Construction Code, including, but not limited to, documentation of the structural integrity of the structure(s) and electrical design.

Wind energy systems.

(1)

Legislative intent. The purpose of this subsection is to provide a regulatory framework for the construction and operation of wind energy systems in Lower Frederick Township, subject to reasonable restrictions, which will preserve the public health, safety, and welfare, while also maintaining the character of Lower Frederick Township.

(2)

APPLICANT

The person or entity filing an application under this section.

OCCUPIED BUILDING

Residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.

OPERATOR

The entity responsible for the day-to-day operation and maintenance of the wind energy system.

OWNER

The entity or entities having an equity interest in the wind energy system, including their respective successors and assigns.

TURBINE HEIGHT

The distance, including all moving and rotating parts, measured from the undisturbed ground elevation at the base of the device, to the highest point of the arc of the blade, or to the top of the tower, whichever is greater.

WIND ENERGY SYSTEM

Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, transformer, vane, wire, inverter, batteries, or other component in the system.

WIND TURBINE

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.

(3)

Applicability.

(a)

Residential wind energy systems, including but not limited to roof installations, off-grid installations, and on-grid installations, shall be allowed in any zoning district when meeting the qualifications for residential wind turbine systems and which meet the dimensional regulations.

(b)

Commercial wind energy systems including those over 72 feet in height, multiple turbines, or those generating more than 1.25 times the consumption used on a residential property (kwh), will be allowed upon approval of a conditional use on publically owned properties, agricultural properties over 10 acres, and commercially zoned properties that meet the requirements.

(4)

General regulations.

(a)

Permitting.

[1]

Permit requirement.

[a]

No wind energy system, or addition of a wind turbine to an existing wind energy system, shall be constructed or located within Lower Frederick Township unless a permit has been issued to the system owner or operator approving construction of the system under this section.

[b]

The permit application or amended permit application shall be accompanied with a fee as set by Lower Frederick Township's fee schedule.

[c]

Any physical modification to an existing and permitted wind energy system that materially alters the size, type and number of wind turbines or other equipment shall require a permit modification under this section. Replacements with like-kind equipment shall not require another conditional use hearing, but shall require building permits in accordance with the UCC and NEC.

[2]

Permit application.

[a]

The permit application shall demonstrate that the proposed wind energy system will comply with this section.

[b]

The application shall contain the following:

[c]

A narrative describing the proposed wind energy system, including an overview of the project; the project location; the approximate generating capacity of the wind energy system; 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.

[i]

A plot plan showing property line, building locations, setbacks, floodplains, wetlands, steep slopes, easements, and rights-of-way.

[ii]

Other relevant studies, reports, certifications and approvals as may be reasonably requested by Lower Frederick Township to ensure compliance with this section. Within 30 days after receipt of a permit application, Lower Frederick Township will determine whether the application is complete and advise the applicant accordingly.

[3]

Conditional use applications.

[a]

In addition to the materials required to be submitted for the permit application, installations under this section requiring conditional use approval shall submit the following:

[i]

An affidavit or similar evidence of agreement between the property owner and the system owner or operator demonstrating that the system owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy system.

[ii]

Identification of the properties on which the proposed wind energy system will be located, and the properties adjacent to where the wind energy system will be located.

[iii]

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 wind energy system 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 as well as floodplains, wetlands, steep slopes, easements, and rights-of-way.

[iv]

Within 60 days of a completeness determination, Lower Frederick Township will schedule a public hearing. The applicant shall participate in the hearing and be afforded an opportunity to present the project to the public and municipal officials, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.

[v]

Within 120 days of a completeness determination, or within 45 days after the close of any hearing, whichever is later, Lower Frederick Township will make a decision whether to issue or deny the permit application.

[vi]

Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.

[vii]

Compliance with conditional use criteria outlined in § 170-31.

(b)

The base of the tower shall be set back from all property lines, public rights-of-way, and public utility lines a distance equal to 1.25 times the turbine height.

[1]

For occupied buildings, wind turbines shall be set back from the nearest occupied building a distance of not less than 1.25 times the turbine height. These setback distances shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

(c)

The minimum lot area shall be two acres.

(d)

The turbine height, including all moving and rotating parts, shall be a maximum of 72 feet as per the definition. If a device is attached to an existing structure, then the maximum height of the attached wind energy device shall not exceed 72 feet, including the height of the existing structure.

(e)

The minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.

(f)

No wind energy system, or addition of a wind turbine to an existing wind energy system, may be erected, altered or used in a way that is noxious or offensive by reason of vibration or noise.

(g)

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. 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. Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.

(h)

The applicant shall not disrupt or cause a loss of any radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy system.

(i)

All wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar 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.

(j)

The owner of the property where the wind energy system is located shall be responsible for maintaining the wind energy system in good operating condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure, the wind turbine, and all associated parts and equipment.

(k)

All components, including electrical of the wind energy system shall conform to the current adoption revision of the NEC and the IBC and other rules and regulations that apply to wind energy systems.

(l)

The design of the wind energy system shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations.

(m)

Demolition of a residential wind energy system requires a demolition permit in accordance with the current adopted Uniform Construction Code.

(5)

Conditional use criteria.

(a)

Aesthetics.

[1]

Wind turbines shall be an unobtrusive color such as white, off-white or gray.

[2]

Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

[3]

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, system owner or operator.

[4]

On-site transmission and power lines between wind turbines and/or primary structure shall, to the maximum extent practicable, be placed underground.

(b)

Towers shall be designed and located to minimize adverse visual impacts from neighboring residential areas, to the greatest extent feasible.

(c)

Recertification. The wind energy system shall be recertified after six months of dormancy. The wind energy system shall be fixed or removed if determined to not operate correctly.

(d)

New ownership. If a property containing a wind energy system(s) changes ownership, the new property owners shall get the company that originally installed the wind energy system(s) for a full inspection to ensure it operates correctly. If the wind energy system is determined to not operate correctly, the new owner has six months to either fix or remove it.

(e)

Decommissioning. Any wind energy system shall be demolished within six months of the date it is no longer in use and/or when there is intent to abandon the wind energy system.

[1]

The owner of a wind energy system shall obtain a demolition permit from the Township to demolish the wind energy system per the requirements of the Pennsylvania Uniform Construction Code, as amended, or any other building codes which may subsequently be adopted by the Township.

[2]

The owner shall follow the specifications for demolition as specified in the Pennsylvania Uniform Construction Code, as amended, or any other building codes which may subsequently be adopted by the Township.

[3]

When an owner of a wind energy system has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the system shall be removed. Upon removal, the site shall be cleaned, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

(f)

The owner/operator of the wind energy system shall be required to maintain general liability insurance covering bodily injury and property damage with coverage limits of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates evidencing such coverage shall be delivered.

(g)

Noise. The audible sound from a wind energy system shall not exceed 60 dBA, as measured at the property line.

(h)

Land development. Commercial wind energy systems will require land development.

§ 170-38.3 Lawful use not otherwise permitted.

[Added 2-7-2023 by Ord. No. 2023-01]

It is the intent of this chapter to allow the establishment of all legitimate land uses. Any lawful use that is required to be permitted somewhere in the Township under Pennsylvania law and is not otherwise permitted in any zoning district in the Township or in the Central Perkiomen Valley (CPV) Region in accordance with the CPV Regional Comprehensive Plan, as revised, shall be permitted as a conditional use in the districts listed below; provided that the applicant for the conditional use establishes that the proposed use meets the following criteria, as well as, any other applicable requirements set forth in other sections of this Code:

Residential uses in the R-4 Residential District.

Commercial and consumer services uses in the CC Community Commercial District.

Institutional and office uses in the OI Office Institution District.

Industrial and recreational uses, and any other uses not covered by the above bullet points, in the Ll-Limited Industrial District.

(1)

The use must comply with the lot, area, dimensional, and design criteria of the district in which is permitted and shall not cause undue noise, glare or pollution of the surrounding areas.

(2)

The levels of traffic congestion, noise, glare, and pollution anticipated to be created by the proposed use must be similar to the levels created by uses specifically permitted in the zoning district the use is proposed to be located in.

(3)

Any visual or functional conflicts between the proposed use and surrounding existing uses shall be kept to a minimum. Increased setbacks, planted buffers, wooden fences, or other measures may be required by the Board of Supervisors to minimize potential conflicts, or to reduce anticipated levels of noise. Visual and functional conflicts include, but are not limited to, loading docks, parking lots, service driveways, or large nonresidential buildings adjacent to residential neighborhoods or open space areas, without adequate buffering.

(4)

Where applicable, the applicant must demonstrate that the proposed use will comply with all permit requirements of the Montgomery County Office of Public Health, Pennsylvania Department of Environmental Protection, Pennsylvania Department of Transportation, and any other Commonwealth or Federal government agencies which regulate any aspect of the proposed use.

(5)

A buffer area shall be established in accordance with the conditions imposed upon the granting of the conditional use approval which is sufficient to adequately screen the proposed use from other uses in the vicinity. The buffer shall be of sufficient width to protect the surrounding area from objectionable effects of the proposed use, including, but not limited to, noise, dust, vibration, odor, illumination, visual effects, and the like.

(6)

The proposed use will comply in all other respects with the provisions of § 170-31 of this chapter.

§ 170-38.4 Community Well Depletion Agreement.

[Added 2-7-2023 by Ord. No. 2023-01]

An applicant seeking to drill a community well shall be required to enter into a Well Depletion Agreement with the Township. The Well Depletion Agreement provides recourse for the owners of existing wells in the vicinity of the new well(s), if the new well(s) has an adverse impact on the quantity or quality of water withdrawn from their existing well.

The Well Depletion Agreement shall apply to all existing wells that are depleted or affected to such an extent that the well's water supply is no longer adequate or acceptable for its owners' needs. Unless it can be shown that such depletion and/or effects are not caused by the well(s) servicing the applicant's use/property/development, then the applicant is responsible to restore an adequate and acceptable supply to the user of the affected existing well.

(1)

Depletion. An inadequate water supply occurs when a well no longer yields the amount of water required for the use/property/development currently relying upon that existing well.

(2)

Effects. Possible negative effects to a well's water supply include, but are not limited to, loss of potability, turbidity, repugnant odor, and/or foul taste.

Where an applicant's well(s) have depleted and/or negatively affected a neighboring well, the applicant shall either deepen the depleted/affected well, drill a new well, or connect the impacted property(ies) to a public water supply. Determination of which corrective measure shall be taken will be at the sole discretion and direction of the Township, and the measure taken must provide an adequate supply of potable water as defined by PaDEP to the impacted property owner(s).

An applicant shall bear the burden of proving that the applicant's well(s) is (are) not responsible for the depletion of and/or negative effects to a neighboring well.

Any expense associated with providing the impacted property owner with a potable water supply shall be borne by the applicant and approved by the Township.

The Well Depletion Agreement shall remain in full force and effect for 10 years following the issuance of a use and occupancy permit for the last dwelling to be constructed as part of a residential development or 10 years after peak usage is reached for a nonresidential development. A financial guarantee shall also be provided in conjunction with the Well Depletion Agreement, the amount of which shall be set by the Board from time to time, as part of the Township's fee schedule.

§ 170-38.5 Principal uses.

[Added 2-7-2023 by Ord. No. 2023-01]

When more than one principal use is allowed upon a single lot, each such use upon the lot or proposed upon the lot must independently meet the minimum lot size applicable to that lot and/or use, without using the same area of the lot as another principal use on the lot. For example, in a district where the minimum lot size is two acres, a lot proposed to contain two principal uses must be at least four acres in size; if one of the proposed principal uses has a minimum lot area of five acres, then the lot must be at least seven acres in size.

No more than one single-family detached dwelling is allowed on any lot.

One single-family detached dwelling is allowed to be located on a lot with an agricultural use, and these two uses shall only constitute a single principal use.

Lower Frederick Township
City Zoning Code

ARTICLE III

§ 170-9 Additional applicable regulations.

§ 170-10 Water supply and sewage disposal.

§ 170-11 Access to public street.

§ 170-12 Corner lots.

§ 170-13 Flag lotting.

§ 170-14 Refuse collection facilities.

§ 170-15 Landscaping and buffering.

§ 170-16 Open space regulations.

§ 170-17 Private ownership and maintenance of common elements.

§ 170-18 Projections into required yards.

§ 170-19 Lighting.

§ 170-20 Adult entertainment uses.

§ 170-21 Kennels.

§ 170-22 Public utilities.

§ 170-23 Effect of private covenants.

§ 170-24 Accessory uses.

§ 170-25 Home occupations.

§ 170-26 Bed-and-breakfast accommodations.

§ 170-27 Residential conversion for accessory apartments.

§ 170-28 Child day-care facilities.

§ 170-29 Satellite dishes and antennas.

§ 170-29.1 Wireless telecommunications facility.

§ 170-30 Parking of vehicles in residential districts.

§ 170-31 Conditional use applications.

§ 170-32 Height of nonresidential buildings and other structures.

§ 170-33 Performance standards.

§ 170-34 Surface mining and quarrying.

§ 170-35 Heliports.

§ 170-36 Traffic impact studies.

§ 170-37 Solid waste management.

§ 170-38 Fences and walls.

§ 170-38.1 Installation of manufactured homes.

§ 170-38.2 Alternative energy systems.

§ 170-38.3 Lawful use not otherwise permitted.

§ 170-38.4 Community Well Depletion Agreement.

§ 170-38.5 Principal uses.

Lower Frederick TownshipCity Zoning Code

ARTICLE III

§ 170-9 Additional applicable regulations.

§ 170-10 Water supply and sewage disposal.

§ 170-11 Access to public street.

§ 170-12 Corner lots.

§ 170-13 Flag lotting.

§ 170-14 Refuse collection facilities.

§ 170-15 Landscaping and buffering.

§ 170-16 Open space regulations.

§ 170-17 Private ownership and maintenance of common elements.

§ 170-18 Projections into required yards.

§ 170-19 Lighting.

§ 170-20 Adult entertainment uses.

§ 170-21 Kennels.

§ 170-22 Public utilities.

§ 170-23 Effect of private covenants.

§ 170-24 Accessory uses.

§ 170-25 Home occupations.

§ 170-26 Bed-and-breakfast accommodations.

§ 170-27 Residential conversion for accessory apartments.

§ 170-28 Child day-care facilities.

§ 170-29 Satellite dishes and antennas.

§ 170-29.1 Wireless telecommunications facility.

§ 170-30 Parking of vehicles in residential districts.

§ 170-31 Conditional use applications.

§ 170-32 Height of nonresidential buildings and other structures.

§ 170-33 Performance standards.

§ 170-34 Surface mining and quarrying.

§ 170-35 Heliports.

§ 170-36 Traffic impact studies.

§ 170-37 Solid waste management.

§ 170-38 Fences and walls.

§ 170-38.1 Installation of manufactured homes.

§ 170-38.2 Alternative energy systems.

§ 170-38.3 Lawful use not otherwise permitted.

§ 170-38.4 Community Well Depletion Agreement.

§ 170-38.5 Principal uses.

Lower Frederick Township
City Zoning Code