Moore Township City Zoning Code
ARTICLE IV
Use Regulations
§ 300-22 Use regulations.
[Amended 5-7-2013 by Ord. No. 2013-03; 5-2-2017 by Ord. No. 2017-03; 1-2-2018 by Ord. No. 2018-02; 8-6-2019 by Ord. No. 2019-7; 9-9-2021 by Ord. No. 2021-4; 5-7-2024 by Ord. No. 2024-5]
A.
Agricultural uses. For all agricultural uses more than one principal use is permitted on a single parcel or lot.
(1)
A-1, agriculture.
(a)
Agriculture shall be limited to farming, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, or harvesting for the production of food and fiber products; related farmhouses and usual farm buildings; and single-family detached dwellings for the sole use of individuals and their immediate families engaged in agricultural employment on the same site or for the immediate family of the landowner or for persons engaged in agricultural employment on the property.
(b)
The minimum lot area shall be two acres.
(c)
A plan must be submitted to the Zoning Officer and constantly maintained for the disposal of deceased animals and birds by controlled incineration or by being removed from and disposed of off the premises no later than 24 hours after the same are deceased where the use involves feedlots or confinement livestock or poultry operations.
(d)
A plan must be submitted setting forth and indicating the system by which liquid and solid waste will be disposed of and shall be in accordance with the Pennsylvania Department of Environmental Protection guidelines.
(e)
This use shall not include animal husbandry, riding stables, kennels, nurseries or greenhouses, commercial logging and timber harvesting.
(2)
A-2, animal husbandry.
(a)
A minimum lot size of three acres shall be required.
(b)
All pastures shall be at least 10 feet from all lot lines.
(c)
Animal husbandry use does not include concentrated animal feeding operations or concentrated animal operations. These uses are classified as Use A-9, Intensive Agriculture, and must comply with the requirements of § 300-22A(9) and all other applicable requirements of this chapter.
(4)
A-4, forestry. The requirements contained in this section are required for any forestry operation where the value of the trees, logs, or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber standard improvement.
(a) FELLING FORESTRY LANDING LANDOWNER LITTER LOP OPERATOR PRECOMMERCIAL TIMBER STAND IMPROVEMENT SKIDDING SLASH STAND STREAM TIMBER HARVESTING, TREE HARVESTING, OR LOGGING TOP WETLAND
Definitions. As used in Subsection A(4)(a) through (f), the following terms shall have the meanings given them in this section:
The act of cutting or standing tree so that it falls to the ground.
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
A place where logs, pulpwood, or firewood is assembled for transportation to processing facilities.
An individual, partnership, company, firm, association, or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.
Discarded items not naturally occurring on the site such as tires, oil cans, equipment parts, and other rubbish.
To cut tops and slash into smaller pieces to allow the material to settle close to the ground.
An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.
A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
Dragging trees on the ground from the stump to the landing by any means.
Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.
Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.
The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
The upper portion of a felled tree that is unmerchantable because of small size, taper, or defect.
Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
(b)
Permit required; preparation of a logging plan.
[1]
For all timber harvesting operations, the landowner shall obtain a permit from the Township Zoning Officer. No timber harvesting shall occur until the permit has been issued. The permit application shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting and completion date of the operation. An individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted from the permit requirement:
[a]
Removal of diseased or dead trees.
[b]
Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.
[c]
When a building permit is issued for a building, structure or use, the permittee may cut down any trees which exist in the space to be occupied by such building, structure or use, or within 30 feet of such building, structure or use, and all space within 10 feet of all sides of any utility lines, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system, or permitted accessory uses.
[d]
Christmas tree farming.
[e]
Orchard operations.
[f]
Removal of nursery stock.
[2]
Logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this section. No timber harvesting shall occur until the plan has been prepared and a permit issued. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Zoning Officer upon request.
[3]
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(c)
Contents of the logging plan.
[1]
Minimum requirements. As a minimum, the logging plan shall include the following:
[a]
Location, design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, and skid trails;
[b]
Location, construction, and maintenance of water control measures and structures, such as culverts, broad-based dips, filter strips, and water bars;
[c]
Location, design, construction, and maintenance of stream and wetland crossings; and
[d]
The location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;
[e]
Location, construction, and maintenance of any landing areas;
[f]
The proposed silvicultural harvesting method narrative, with specific attention to the following:
[g]
Copies of all required permits shall be submitted as an appendix to the plan;
[h]
Proof of current general liability and/or worker's compensation insurance;
[2]
Map. Each logging plan shall include a site map containing the following information:
[a]
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;
[b]
Topographic features of at least USGS level and an evaluation of potential environmental problems;
[c]
Location of all earth disturbance activities such as roads, landings, and water control measures and structures;
[d]
Location of all crossings of waters of the commonwealth; and
[e]
The location of the proposed operation to municipal and state highways, including any accesses to those highways.
[3]
Compliance with state law. The logging plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not limited to, the following. Required permits shall be obtained and submitted with the Township permit application:
[a]
Erosion and sedimentation control regulations contained in 25 Pa. Code Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);
[b]
Stream crossing and wetlands protection regulations contained in 25 Pa. Code Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and
[c]
Stormwater management plans and regulations issued pursuant to the Storm Water Management Act (32 P.S. § 680.1 et seq.).
[4]
Relationship of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pa. Code Chapter 102 shall also satisfy the minimum requirements for the logging plan and associated map specified in Subsection 3(a) and (b) of this section, provided that all information required by these subsections, including the letter of adequacy from the County Conservation District, is included or attached.
(d)
Forest practices. The following requirements shall apply to all timber harvesting operations in the Township:
[1]
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
[2]
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining property line.
[3]
All tops and slash between 25 feet and 50 feet from a public roadway or private roadway providing access to adjoining property or within 50 feet of adjoining property shall be lopped to a maximum height of four feet above the surface of the ground.
[4]
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
[5]
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
(e)
Road access: responsibility for road maintenance and repair; road bonding.
[1]
The landowner and operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic.
[2]
If the forestry operation proposes access to a Township roadway, a driveway permit is required.
(f)
Enforcement.
[1]
Inspections. The Township Zoning Officer may go upon the site of any timber harvesting operation before, during, or after active logging to:
[2]
Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of this section, the Township Zoning Officer shall issue the operator and the landowner a written notice of violation following the procedures of this section. Penalties for violation are as prescribed in this section.
(5)
A-5, greenhouse or nursery. The growing of plants, shrubs, or trees, either from seed or from immature plants that are raised to marketable size.
(a)
This use does not include a retail garden center. A retail garden center shall comply with the requirements set forth under the E-21 garden center use.
(b)
Commercial Greenhouse or Nursery uses shall meet the following requirements:
[1]
Minimum lot size: three acres.
[2]
Maximum impervious surface: 10%.
[3]
All structures and buildings shall meet the minimum yard and setback requirements for the district in which the use is located.
[4]
Agricultural products grown on site may be sold at a roadside stand on the property. Each roadside stand shall not exceed a maximum size of 400 square feet and must also provide, to the Township's satisfaction, a safe means of egress and ingress from a public street as well as sufficient off-street parking to accommodate customers.
[5]
Parking shall be provided in designated areas.
(6)
A-6, orchard. An agricultural use of a group of fruit or nut trees, either small and diverse and grown for home use, or large and uniform (i.e., of one variety) and cultivated for revenue. Such a collection must be planted, managed, and renewed by the household or farmer and should not be confused with a naturally occurring grove.
(a)
Minimum lot area: two acres.
(7)
A-7, riding stable. A minimum lot size of three acres plus 1/2 acre for each additional horse over six shall be required. All buildings used to shelter horses and all areas used to corral or pasture horses shall be at least 100 feet from all lot lines.
(8)
A-8, kennel.
(a)
All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(b)
Outdoor runs may be provided so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m. No outdoor runs shall be permitted in the Village Center District.
(c)
A two-acre minimum lot size is required.
(9)
A-9, intensive agriculture. Intensive agriculture, includes but is not limited to feedlots, confinement livestock, or poultry operations taking place in structures or closed pens. This use includes concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs) as defined by the Pennsylvania Department of Environmental Protection.
(a)
The minimum site area for such use shall be 10 acres.
(b)
The maximum permitted impervious surface ratio of the site shall be 20%.
(c)
All applicable regulations of the Pennsylvania Department of Environmental Protection shall be met. In addition, all applicable state and federal regulations shall be met.
(d)
If any stream or swale is present, it shall be buffered by a twenty-foot strip outside of the outer edge of the floodplain or alluvial soils. An engineering study shall be required insuring the stream is adequately protected from pollution.
(e)
All buildings associated with this use shall not be located any closer than 100 feet to any property line or closer than 200 feet to any street line or dwelling other than a farm unit.
(f)
In addition to the site plan (refer to § 300-61), a development plan shall be submitted and should include at a minimum:
[1]
The number, size, and location of livestock, dairy, or poultry structures, and number of associated animals planned for the subject parcel;
[2]
A copy of the approved nutrient management plan for the intensive facility and any subsequent revisions;
[3]
A written statement, sworn to and subscribed before a notary public, by which the owner/operator certifies to the Zoning Officer that the intensive facility shown in the development plan meets all applicable requirements of this chapter.
(10)
A-10, Agritainment: additional requirements for agritainment; special standards.
(a)
The use shall be accessory to an owner-occupied residential dwelling or farm, and the use shall be owned and operated by the residential dwelling or farm owner(s).
(b)
The use shall require a minimum lot of 10 acres, and no portion of the event, including parking, shall take place within 100 feet of the boundaries of the lot.
(c)
The event may be conducted in buildings on the residential or farming lot and in the outdoor areas of the lot, and the owner of his/her designated representative shall be present at all times during any event.
(d)
The venue shall not host more than 150 persons at one time.
(e)
Catered food, drinks (including beer and wine), and related event services may be provided by the owner or by providers retained by the owner. Alcoholic beverages shall not be permitted outside of the venue. All federal, state and local laws and regulations shall be complied with by the owner and any providers in connection with such services.
(f)
Parking shall be provided for patrons of the event, and no parking by patrons shall be permitted on any public road. The owner(s) shall ensure that ingress and egress during the event to the venue does not cause congestion of any public road.
(i)
No public liability or property insurance shall be required by the Township for this use.
(j)
The operation of the use shall at all times comply with all federal, state and local laws and regulations.
(k)
This use shall be subject to the submission of a site plan for review and approval by special exception.
(11)
A-11, Agritourism: additional requirements for agritourism; special standards.
(a)
The use shall require a minimum lot of 10 acres.
(b)
The following activities, and activities that the applicant proves are closely similar, shall be permitted as agritourism enterprise:
[1]
Farmers markets, providing all vendors and sales are located in an enclosed building;
[2]
"U-pick" operations;
[3]
Dairy, ice cream and bakery retail facilities;
[4]
Wineries, winery tours and tasting rooms;
[5]
Local farm products retail operations (including crafts, food products, garden and nursery products, and clothing products made from the wool of animals raised on the farm use, etc.);
[6]
Corn mazes (with educational/interpretation components);
[7]
Farm-related interpretive facilities and exhibits;
[8]
Agriculturally related educational and learning experiences;
[9]
Agriculturally related special events, agricultural fairs and festivals;
[10]
On-site farm, garden, greenhouse and nursery tours;
[11]
Walking and bicycle tour and trails;
[12]
Horseback/pony rides, petting zoos and other animal exhibits;
(c)
The following activities shall be prohibited:
[1]
Flea markets;
[2]
Any other use that is not agriculturally related, or is not related to the natural resources that are present on the property, or is deemed not to be incidental to the agricultural operation on the property, or is otherwise deemed to be too intense for the agricultural zoning district whereby the intent of the agricultural zoning district will not be preserved.
(d)
It shall be the responsibility of the applicant and/or landowner to prove compliance with these regulations at the time of the application for a zoning permit.
(e)
Agritourism enterprises must be incidental to and directly supportive of the agricultural use of the property and will not have significant impacts on the agricultural viability or rural character of neighboring properties.
(f)
An agritourism enterprise shall be conducted by a resident or owner of the property and/or his/her immediate relatives. Up to four unrelated full-time employees may be employed by the owner or immediate relatives. Additional part time employees or volunteers may be permitted for special events, fairs or festivals.
(g)
At least 50% of the products for display and sale shall be grown, prepared, or produced on the subject property.
(h)
The applicant shall identify the anticipated hours of operation for the agritourism enterprise. In no case shall the agritourism enterprise generate noxious odors, noise or glare beyond amounts that are typically generated by agricultural operations. Agritourism enterprises shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9:00 p.m. and 7:00 a.m.. This shall not include commercial retail sale of agricultural products that are regulated under the laws of the commonwealth.
(i)
The parking area shall be designed in accordance with the Moore Township Zoning Ordinance.
(j)
All signage advertising the agritourism enterprise shall comply with Moore Township Zoning Ordinance Article VII, entitled "Signs."
(k)
The reuse of an existing barn or other existing buildings shall be given priority over the construction of new building(s). If a new building is proposed, any land development plan shall be in accordance the regulations of the Moore Township Subdivision and Land Development Ordinance.[1] The total of all building floor areas utilized for an agritourism use after the adoption of this subsection shall not exceed 5% of the total lot area. All structures shall be subject to the requirements of the Pennsylvania Uniform Construction Code.
(l)
Applicant must provide evidence that sufficient sanitary sewer facilities will be provided in accordance with all application DEP regulations.
(m)
Applicant shall provide evidence that all other applicable state and federal permits for operation of an agritourism enterprise have been obtained.
(n)
There shall be no outside display, sales, or storage permitted, unless this activity is fully screened with a combination of opaque wood fencing, and dense landscaping. This activity shall be prohibited within 100 feet along all public rights-of-way. This shall not be interpreted to prohibit outside sales or display of products during a permitted special event, agricultural fair or festival.
(o)
This subsection shall not regulate agricultural uses that are permitted under other provisions of this chapter or law of the commonwealth.
B.
Residential uses.
(1)
B-1, single-family detached dwelling. A single-family detached dwelling on an individual lot with private yards on all sides of the house and with no public or community open space.
(2)
B-2, two-family dwelling. A detached or semidetached building where not more than two individual family dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
(3)
B-3, low-rise apartment. An attached dwelling unit may be arranged in a variety of configurations, side by side, back to back or vertically. Access shall be by way of an individual outside entrance to each dwelling unit.
(a)
Maximum building height: three stories.
(b)
Each unit shares with other units a common yard area which is in the sum of the required lot areas of all of the dwelling units within the building.
(c)
Maximum length of such a building shall be 180 feet.
(d)
Units shall be arranged in groups or clusters and not in long rows parallel to street lines.
(e)
The distance between any two buildings, either of which faces or backs upon the other in whole or in part, shall not be less than 75 feet.
(f)
The distance between the ends of two buildings, similarly oriented and without openings or windows in the end walls, shall not be less than 24 feet.
(g)
The distance between any building face and a parking area shall not be less than 20 feet.
(4)
B-4, residential conversion. Such use shall include the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling.
(a)
The yard requirements for the district in which the use is located shall be met.
(b)
The lot area per dwelling unit shall not be reduced to less than the minimum lot area required for a single-family detached dwelling within each residential district.
(c)
All conversions must comply with all applicable regulations of the Pennsylvania. Department of Labor and Industry in addition to all building codes and permit requirements of the Northampton County Department of Health.
(d)
The appearance of the conversion shall be in conformance with the existing structure regarding bulk size.
(e)
Exterior fire escapes and outside stairways shall be located at the rear or side of the building.
(f)
No off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visually buffered from the street and the adjacent yards.
(g)
The intensity of the development is to be contingent upon the parking permitted for any given lot. No parking shall be so extensive as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.
(h)
All drainage on-site shall be handled in accordance with the recommendations of the municipal engineer.
(5)
B-5, rooming house or boardinghouse. A dwelling used for the housing of roomers, boarders, or lodgers with or without common eating facilities, including dormitory, fraternity, sorority, or other buildings of charitable, educational, or philanthropic institutions.
(a)
Minimum of one rental sleeping accommodation.
(b)
Maximum of six rental sleeping accommodations.
(c)
Minimum term of occupancy is 30 days.
(d)
Access to rooms is made through principal and secondary access points of the dwelling and connecting corridors and staircases.
(e)
Supervision of a rooming house or boardinghouse is maintained at all hours of the day and night from within the building.
(6)
B-6, modular home.
(a)
No more than one single-family dwelling shall be placed on a lot and such dwelling shall be occupied by not more than a single-family.
(b)
Any modular home placed on any lot shall be constructed in accordance with safety and construction standards of the U.S. Department of Housing and Urban Development. These federal standards supersede local construction codes for the actual construction of the home itself.
(c)
Each site shall be graded to provide a stable and well-drained area.
(d)
A modular home shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the construction codes shall apply in addition to the manufacturer's specifications for installation.
(e)
The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material. This enclosure shall have the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. Provisions shall be provided for access to utility connections under the home.
(7)
B-7, mobile home dwelling.
(a)
No more than one dwelling shall be placed on a lot and such dwelling shall be occupied by not more than one family.
(b)
Each site shall be graded to provide a stable and well-drained area.
(c)
A concrete pad, properly graded, placed and compacted so as to be durable and adequate for the support of the maximum anticipated loads during all seasons shall be used for all mobile homes.
(d)
Every mobile home shall be anchored to the mobile home stand where it is located prior to the unit being occupied or used in any other way. All mobile homes shall, prior to occupancy or other use, be affixed to their mobile home stands in such a way so as to prevent tilting of the unit. No mobile home shall permanently rest on the wheels used to transport the unit.
(e)
The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material. This enclosure shall have the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. Provisions shall be provided for access to utility connections under the home.
(f)
Any hitch or tow bar attached to a mobile home for transport purposes shall be removed and remain removed from the mobile home when it is placed on its mobile home stand.
(8)
B-8, mobile home parks.
(a)
Additional site plan requirements. The site plan shall show the location and proposed improvements for recreation areas.
(b)
Additional requirements:
[1]
Public or central water and sanitary sewer are required.
[2]
A buffer yard is required around the perimeter of the site.
[3]
A planting screen is required between the rear yards of adjacent mobile homes.
[4]
An enclosure shall be erected around the entire base of the mobile home. It should be ventilated to inhibit decay and deterioration.
[5]
Mobile homes shall be placed on a prepared site and securely fastened to ground anchors per instructions in the owner's manual.
[6]
No direct access shall be allowed from an individual mobile home site in a mobile home park to a public road.
[7]
No on-street parking shall be permitted.
[8]
A recreation area of not less than 10% of the gross area of the mobile home park shall be set aside for a usable recreation area. In addition, said recreation area shall comply with § 260-63B of Chapter 260, Subdivision and Land Development. Recreation facilities shall be improved and maintained to allow for both passive and active recreation.
[9]
All utilities shall be placed underground.
[10]
A minimum of two fire hydrants capable of providing the minimum firefighting flow rate shall be provided within 600 feet of all mobile homes.
[11]
Mobile homes shall be separated from each other and from other buildings and structures by at least 25 feet.
[12]
No mobile home or building shall be placed within 50 feet of any mobile home park property line.
[14]
Mobile home park street system. Within the mobile home park, all streets shall be owned and maintained privately. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads. Access to mobile home parks shall be designed to minimize congestion and hazards at each entrance or exit and allow free movement of traffic on adjacent streets. Within the mobile home park, safe and convenient vehicular access to each mobile home shall have a minimum road pavement width of 34 feet but otherwise shall be designed and built to Township standards for local roads. Alignment and grading shall be properly adapted to topography as approved by the Township. Further, "no parking on street" signs shall be placed on all streets within the mobile home park.
[15]
Required off-street parking areas. Off-street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least two car spaces for each mobile home lot. Required car parking space shall be so located as to provide convenient access to the mobile home but shall not exceed a distance of 100 feet from the mobile home that it is intended to serve. Further, no-parking fire zones should be provided at periodic intervals to allow emergency access to structures. Such zone location and arrangement shall be subject to review and approval of the Township.
[16]
Walks. All mobile home parks shall be provided with safe, convenient all-season pedestrian walks of ID-2 bituminous concrete or portland cement concrete of a depth and width approved by the Township, between individual mobile homes, streets and all community facilities provided for residents. Sudden changes in alignment and grade shall be avoided. If the walks are to be constructed in a right-of-way to be dedicated to the Township, portland concrete shall be required. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four feet. All mobile home lots shall be connected to common walks, to paved streets or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of 2 1/2 feet.
[17]
All storm drainage, sanitary sewer and water system improvements shall be done in accordance with Township standards, even though they may be privately owned.
[18]
The density of individual mobile homes within a mobile home park shall not exceed four dwelling units per acre.
[19]
No mobile home lot within a mobile home park shall be smaller than 6,000 square feet in area.
(9)
B-9, short-term rental standards.
(a)
Overnight occupancy of a short-term rental shall be limited to no more than two persons per bedroom plus two additional persons per dwelling unit up to a maximum of 10 total persons.
(b)
The maximum number of day guests allowed at any one time, in addition to the overnight occupants, shall be 75% of the maximum overnight occupancy of the short-term rental.
(c)
The maximum number of bedrooms permitted for a short-term rental is five.
(d)
Outdoor parking for overnight and day guests shall be limited to available parking areas on the short-term rental property. In no event shall parking for short-term rental guests include spaces in any private, community or public street right-of-way. Parking spaces shall be a minimum of nine feet in width by 18 feet in length with adequate aisle space to facilitate access and use. Any expansion of parking areas for a short-term rental requires prior Township approval. Parking areas shall be maintained in a mud-free condition with paving, stone or similar material and shall count as part of the maximum lot coverage limits as set forth in the Moore Township SALDO. Notwithstanding the above, a short-term rental plan shall provide one parking space per bedroom and one parking space for every two day guests.
(e)
Neither short-term rental occupants nor guests shall engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting, or creating a dangerous or physically offensive condition without good reason.
(f)
The owner shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate provisions of the Moore Township Code of Ordinances or any state law pertaining to noise or disorderly conduct, including, but not limited to, notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating laws, ordinances or regulations regarding their occupancy.
(g)
The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged disorderly conduct or otherwise violated provisions of the Moore Township Code ordinances or state law pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.
(h)
Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the short-term rental is located is prohibited. Outdoor overnight sleeping of occupants or guests of the short-term rental is prohibited.
(i)
All short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the front door containing the following information:
[1]
The name of the managing agency, agent, property manager, local contact or owner of the unit and a telephone number at which that party can be reached on a twenty-four-hour basis.
[2]
The 911 address of the property.
[3]
The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.
[4]
The maximum number of all vehicles allowed to be parked on the property and the requirement that all guest parking must be on the property and not in or along any private, community or public street right-of-way.
[5]
The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property except in watertight metal or plastic cans from 6:00 p.m. of the day prior to trash pickup to 6:00 p.m. on the day designated for trash pickup.
[6]
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Moore Township Code of Ordinances, including parking and occupancy limits.
[7]
Notification that short-term rental occupants and guests are required to make the dwelling unit available for inspection by the Zoning Officer upon request.
(j)
All short-term rentals shall be equipped with the following:
[1]
Smoke detectors in each bedroom;
[2]
Smoke detectors outside each bedroom in common hallways;
[3]
Smoke detectors on each floor;
[4]
All smoke detectors must be hardwired.
[5]
GFI outlets for outlets located within six feet of water source;
[6]
Aluminum or metal exhaust from dryer;
[7]
Carbon monoxide detector, if open flame (oil or gas), furnace, gas or wood fireplace, or wood-burning stove;
[8]
Carbon monoxide detector if garage is attached;
[9]
Fire extinguisher in kitchen and one fire extinguisher on each floor and one in each bedroom;
[10]
Stairs (indoor and outdoor) in good condition;
[11]
Covers on all outlets;
[12]
All bedrooms shall have a direct means of ingress and egress; and
[13]
Any other occupancy requirements which may be added by ordinance revision.
(k)
All short-term rentals shall have a fully functional septic system which shall be pumped out once per year. Written verification to be provided each year to the Zoning Officer.
(l)
There shall be no visible signage in any public or private right-of-way.
(m)
Fees, term and renewal.
[1]
Short-term rental license fees, payable to the Township upon the filing of a short-term rental license application, shall be in such amount as may be established by resolution duly adopted by the Board of Supervisors.
[2]
Any short-term rental license is good for a period not to exceed one year from the date of issuance and must be renewed annually. Short-term rental license renewal fees, payable to the Township upon the filing of a short-term rental license renewal application, shall be in such amount as maybe established by resolution duly adopted by the Board of Supervisors.
(n)
Inspections required.
[1]
All short-term rentals shall be subject to inspection by a Pennsylvania Certified Code Official of the applicant/owner's choice and shall perform any code inspections as may be required by Moore Township and the Zoning Officer to confirm compliance and to perform any and all code inspections of code requirements under PA UCC as outlined in this chapter. The cost of obtaining the certified third-party PA Code Official is solely the responsibility of the owner/applicant of this license.
[2]
If there is reason to believe that any provision of this chapter is being violated, the Zoning Officer, upon 1/2 hour prior notice to owner, may enter onto the premises for the purpose of inspection of any and all premises, properties, buildings and/or structures located at the premises in order to ascertain the existence of a violation(s). Said notice may be given by telephone call, voice message or email to owner.
(o)
All applications for short-term rentals shall submit a site plan under the requirements of § 300-61 of this chapter for review to fully determine all requirements of this chapter are met. The site plan will serve as the documentation that all parking and other applicable requirements herein required are complied with as depicted in the license/permit application.
C.
Religious, educational, recreational and institutional uses.
(1)
C-1, place of worship. Such use shall include a church, synagogue, or other place of worship, provided:
(a)
Access shall be to a collector or arterial highway as delineated in this chapter.
(2)
C-2, school. A school shall be limited to a private school, religious or non-religious, public school or a college or university, operated by a public or quasi-public institution, which is not conducted as a private, gainful business as a commercial school and is licensed under the proper governmental authority, provided that:
(a)
The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the minimum requirements of the Pennsylvania State Board of Education.
(c)
No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.
(d)
Outdoor play areas shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.
(f)
There shall be no outdoor storage of buses on the property.
(3)
C-3, trade school. Such use shall include a trade, professional, music or dancing school, provided:
(a)
A trade school that includes an outdoor athletic field, court, or pay area shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances and shall be no closer than 50 feet from a residential lot line.
(5)
C-5, commercial indoor recreation. Indoor commercial recreation shall include the following: arcade, arena, art gallery and studio, art center, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, conference center, exhibit hall, gymnasium, library, movie theater, museum, performance theater, pool or billiard hall, skating rink, swimming pool, tennis court.
(6)
C-6, commercial outdoor recreation. Outdoor commercial recreation shall include the following: driving ranges, miniature golf courses, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.
(a)
No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.
(b)
No lighting shall be permitted which will shine on adjacent properties.
(c)
A buffer yard is required around the perimeter of the site.
(d)
Minimum lot size: five acres.
(e)
No outdoor recreation area shall be located nearer to any lot line than 100 feet.
(7)
C-7, park or recreational facility. Such use shall include a recreational facility or park, owned or operated by the municipality, other governmental agency, or homeowners' association, provided:
(8)
C-8, campground.
(a)
The applicant for the special exception use shall present to the Board a petition which indicates approval of the proposed use by 51% of the persons owning, residing or doing business within a radius of 500 feet of the location of the proposed use. The applicant shall have attempted to contact all eligible locations within this radius and must supply a list of all addresses at which no contact was made. The circulator of the petition shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon.
(9)
C-9, fraternal, civic or social club. Documentation stating the following shall be submitted:
(a)
The club will serve a purely social, religious, athletic or community service purpose.
(b)
It will be operated on a membership basis and not conducted as a business.
(c)
The operation of such membership club will not cause or create a nuisance to adjoining properties or the general neighborhood by reason of noise or traffic.
(10)
C-10, golf course. A golf course may include a restaurant or clubhouse.
(11)
C-11, swimming club.
(a)
All pools shall be entirely enclosed with a good-quality chain-link or preferably a wooden or other equivalent fence of not less than six feet in height.
(b)
No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.
(c)
No lighting shall be permitted which will shine on adjacent property.
(13)
C-13, nursery school/day-care center. The following general provisions apply to each of the three defined types of child day-care facilities. In addition, each type of child day-care facility shall comply with the specific individual regulations for each type of facility.
(a)
Categories included. The provisions of this section pertain to day care service for children by caregivers in family day care homes, group day care homes and day-care centers, subject to Chapter II, Sections 8A, 8B and 8C of Department of Human Services Social Services Manual Regulations. Day care service for children shall include out-of-home child day care service for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day care service for children shall not include babysitting or day care furnished in places of worship during religious services.
(b)
Registration and licensing. Family day care homes, as defined in this chapter, must hold an approved and currently valid Department of Human Services registration certificate. Group day care homes and day-care centers, as defined in this chapter, must hold an approved and currently valid Department of Human Services license. In addition, all child day care facilities shall comply with all current Department of Human Services regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes. Additionally, all child day care facilities must hold a valid Department of Human Services registration certificate.
(c)
Municipal notification. Each operator of a newly established child day care facility shall notify the municipality in writing at least 60 days prior to the initiation of such use for the purpose of allowing the municipality to establish a record of the new land use. Already existing licensed or registered facilities shall be required to notify the municipality of their operations in writing at least 60 days after the enactment of this chapter. In addition, the operator of any facility must certify compliance with all aspects of this chapter and all other applicable municipal requirements.
[1]
Family day-care homes must provide proof of an approved Department of Human Services registration certificate at the time of initial notification to the municipality and must provide proof of the registration renewal yearly. At such time that a family day care home wishes to expand its operation to the level of a group day care home, the operator of the facility shall notify the municipality in writing at least 60 days prior to the expansion of the use and provide proof that all requirements for licensure by Department of Human Services have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day care homes established by this chapter.
[2]
Group day care homes and day-care centers must provide proof of an approved and currently valid Department of Human Services license at the time of initial notification to the municipality and must provide proof of annual license renewal.
(d)
Inspection. The operator of a family day care home, group day care home or day-care center will allow appropriate representatives of the municipality to enter the property at reasonable times to inspect such use for compliance with the requirements of this section and all other applicable municipal and state ordinances.
(e)
General safety. No portion of a child-care facility shall be located within a 300-foot distance from any potentially hazardous land use, activity or natural condition of land, water or any other element which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure materials, flammable or high-pressure underground pipelines, truck or rail loading areas, etc. Said determination of a hazardous land use shall be that of the Zoning Officer. All child-care facilities shall provide adequate fencing to contain all children upon the property, as approved by the Township.
(f)
Hours of outside play. Outside play shall be limited to the hours between 8:00 a.m. and sunset as determined by the National Weather Service station at Lehigh Valley International Airport.
(g)
Outdoor play area. An outdoor play area, as required by Department of Human Services regulations, shall be provided for any proposed child day-care facility.
[1]
On-site outdoor play area. An on-site outdoor structured play area or areas of high outdoor activity shall be located in yard areas which provide adequate separation, safety and protection from adjoining uses, properties and roadways. Whenever possible, the on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child-care facility.
[2]
Off-site outdoor play area. In accordance with Department of Human Services standards, a child day-care facility may utilize off-site play areas in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within a one-half-mile distance of the facility, measured from the property line of the facility. When the use of an off-site play area is proposed, the applicant shall inform the municipality about the means of transportation that will be used to access the off-site play area. Said means of transportation shall be approved by the Zoning Officer. For reasons of safety, when children will be walked to an off-site play area, the route to the off-site play area shall not involve the crossing of arterial or major collector streets.
(h)
Altering exterior of residential buildings or structures. Any addition or improvement to an existing residential building, structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height and roof pitch of any addition and the building materials used shall be compatible with the existing building or structure. Any improvements to the building or structure shall be in compliance with all other applicable municipal regulations relating to building and/or zoning permits.
(i)
Traffic impact study.
[1]
Any proposed child day care facility which may reasonably be expected to generate 100 or more trips during the morning or evening peak hour shall be required to conduct a traffic impact study. The traffic impact study shall be prepared in compliance with this section.
[2]
The purpose of the traffic impact study is to provide the local Planning Commission and governing body with adequate information and data to properly assess:
[a]
The impact of the proposed facility on the surrounding road and street network, as well as on streets and roads providing immediate access to the proposed development.
[b]
The need for capital improvements to the existing transportation network which will be needed to accommodate the additional traffic generated by the proposed facility.
[c]
Traffic and/or pedestrian safety issues which may arise from the proposed facility.
[3]
The Board of Supervisors may, in its sole discretion, reject said application for a day care center in the event that the traffic impact study proves unacceptable.
(j)
On-lot sewage disposal. For properties utilizing an on-lot sewage disposal system, the applicant must obtain approval from the Township Sewage Enforcement Officer that the system is properly sized to accommodate sewage flows from the registered or licensed capacity of the child day care facility.
(k)
Minimum lot area. The minimum lot area for any proposed child day care facility shall comply with the minimum lot area requirements of the zoning district in which the proposed facility is located.
(l)
Family day care homes. Any proposed family day care home shall comply with the following standards in addition to the general provisions for all types of child day care facilities provided for in this section.
[1]
Where allowed.
[a]
Special exception. Family day care homes may be located by special exception in any zoning district that allows the following types of dwelling units, subject to the standards of the zoning district in which the unit is located and the following development standards in this section, whichever are more restrictive.
[i]
Single family detached dwelling units.
[b]
Special exception: townhouse or row house dwelling units.
[2]
Development standards. The following standards shall apply to all proposed family day care homes.
[a]
Dropoff area. One on-site dropoff space for clients shall be provided. An existing driveway or common parking lot space may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the dropoff area and the proposed use fronts an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, an on-site dropoff space shall be provided. The dropoff area shall conform to the municipal dimensional standards for residential parking spaces.
[i]
In cases where the dropoff area cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.
[ii]
The required dropoff area may be waived by the municipality if the applicant can demonstrate that the clients of the family day-care home will walk to the facility, thereby eliminating the need for the additional parking space.
[b]
Fencing. If there are unsafe areas, such as open drainage ditches, wells, holes, heavy street traffic, etc., in or near to an outdoor play area, there shall be fencing to restrict children from these areas. Natural or physical barriers, such as hedgerows, walls or dense vegetation may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas.
[3]
Special exception standards. The following special exception standards shall apply only to family day care homes which are permitted as special exceptions.
[a]
The applicant shall demonstrate that the children in the family day care home can safely, quickly and easily vacate the premises in case of emergency.
[b]
The normal hours of operation shall be set by the Board of Supervisors.
[c]
The applicant shall demonstrate that the current lease or homeowner's covenants and/or deed restrictions for special exception contain no clauses which prohibit the proposed use.
[d]
The applicant shall provide the names and addresses of adjacent apartment dwellers or homeowners within 500 feet to allow the municipality to notify such individuals of the proposed use.
(m)
Group day care homes. Any proposed group day care home shall comply with the following standards in addition to the general provisions for all types of child day care facilities.
[1]
Where allowed. Group day care homes may be located as a special exception in any zoning district that allows single-family homes, subject to the standards of the zoning district in which the unit is located and the following additional special exception standards in this section, whichever are more restrictive.
[a]
Single-family detached dwelling units.
[2]
Special exception standards. The municipal governing body shall consider the following when reviewing a special exception application for a proposed group day care home. The Zoning Hearing Board may impose any other conditions necessary to mitigate any potential adverse impact on users of the site and/or the surrounding area.
[a]
Minimum distance between facilities.
[i]
Residential zoning districts. In order to avoid a concentration of individual group day care homes in residential neighborhoods, group day care homes shall be located a minimum of 300 feet from each other as measured from the respective property lines. This dispersion requirement shall not apply in cases where a proposed group day care home is located within 300 feet of a school facility or church which provides child-care services. The above requirement may be waived if the applicant provides a petition signed by 2/3 of the residents within 300 feet of the proposed facility, stating that the residents do not object to the proposed use.
[b]
On-site parking. There shall be one additional on-site parking space provided for a nonresident employee above that required for the residential use. The parking space shall conform to the municipal dimensional standards for residential parking spaces.
[c]
Dropoff area. A dropoff area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway or common parking lot spaces may be used for the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate two parked vehicles. If a driveway is used for the dropoff area and the proposed use fronts an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, two new on-site dropoff spaces shall be provided. The dropoff area shall conform to the municipal dimensional standards for residential parking spaces. In cases where the on-site dropoff area cannot be accommodated, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility which provides a safe ingress and egress from the proposed site.
[d]
Fencing of outdoor play area. In order to physically contain the activity of children in the outdoor play area, a minimum four-foot-high fence shall be erected along the perimeter of the outdoor play area. When applicable, the fence shall be located along property lines. Fencing may be substituted by natural barriers, such as hedgerows, walls, dense vegetation, etc., if it can be demonstrated that such barriers can effectively contain the activity of the children.
[f]
Group day care homes in attached structures. Group day care homes shall not be permitted in attached structures.
(n)
Day-care centers. Any proposed day-care center shall comply with the following standards in addition to the general provisions for all types of child day care facilities provided for in this section.
[1]
Where allowed.
[a]
Special exception. Child day-care centers are permitted by special exception in any residential zoning district, subject to the regulations of the zoning district in which the proposed use is located and both the development standards and the special exception standards in this section, whichever are more restrictive.
[2]
Development standards. The following standards shall apply to all proposed day-care centers.
[a]
Minimum distance between facilities.
[i]
Residential zoning districts. In order to avoid a concentration of individual day-care centers in residential neighborhoods, child day-care centers shall be located a minimum of 300 feet from each other as measured from their respective property lines. This dispersion requirement shall not apply in cases where a proposed day-care center is located within 300 feet of a school facility or church which provides child-care services. The above requirement may be waived if the applicant provides a petition signed by 2/3 of the residents within 300 feet of the proposed facility, stating that the residents do not object to the proposed use, provided that all abutting property owners do not object.
[b]
On-site parking for employees and clients. A minimum of one on-site parking space shall be provided for each 300 square feet of floor area dedicated to child care.
[c]
Dropoff area.
[i]
Number of dropoff spaces. A minimum of one safe dropoff space shall be provided for each five children that the facility is licensed to accommodate.
[ii]
Dropoff area location and design. Whenever possible, the dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area or the required dropoff spaces may be designed as a part of a driveway providing direct access to the day care facility. When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff spaces. When the dropoff area is incorporated into a driveway, the dropoff spaces shall be located within a vehicle turnout area 12 feet in width exclusive of the driveway through traffic lane(s).
[d]
Landscaping. Landscaping shall be provided in order to create a vegetative buffer from adjacent uses, as well as to create an aesthetically pleasing environment.
[i]
Buffer standards for lots on which a proposed day care center is located.
[A]
Vegetative buffers. A vegetative screen buffer may be required when deemed necessary by the municipal governing body to meet the intent and goals of this chapter. Criteria to be considered will include but not be limited to the nature and type of adjacent uses, lot size of the subject property as well as the adjacent properties and the distance to adjacent buildings. The following standards shall apply to buffers when required by the municipality.
[B]
Buffers shall contain combinations of evergreen and deciduous vegetation. The planted buffer shall be a minimum of 10 feet in width and six feet in height at the time of installation. Earthen berms may be provided in combination with vegetative material. Earthen berms shall not exceed four feet in height nor exceed a maximum slope of 3 to 1.
[C]
Continued maintenance of vegetative buffers shall be the responsibility of the operator of the facility.
[D]
Opaque fences or walls used to meet the following requirement for fencing of outdoor play areas may be used in place of part of the required vegetative buffer material.
[ii]
Landscaping in outdoor activity areas. Existing or proposed planting material shall be suitable for use in and around areas used by children. No thorny, poisonous or other hazardous plants shall be allowed in areas used by children.
[e]
Fencing of outdoor play area. In order to physically contain the activity of children in the outside play area, a minimum four-foot-high fence shall be erected along the perimeter of the outside play area. When applicable, the fence may be located along property lines. Natural barriers, such as hedgerows, walls, dense vegetation, etc., may be substituted for fencing if it can be demonstrated that such barriers can effectively contain the activity of the children.
[f]
Play equipment setback. Play equipment in a designated on-site play area shall be located within the building setback lines, as defined by this chapter, from an abutting property line.
[h]
Lighting. All pedestrian pathways shall be adequately lit for safety and security if utilized during nondaylight hours. Specific areas for lighting are entranceways, pedestrian access to the outdoor play areas, sidewalks used in nondaylight hours, dropoff areas, merchandise delivery areas and all parking lots.
[i]
Entrance/exit accessibility. When located in a multiuse building complex, day-care center entrances/exits shall provide direct access to the child-care center so that walking through other significant portions of the building is avoided.
[j]
Soundproofing. When the child-care center is located in any building also employing noisy operations, the municipal governing body may require soundproofing of the child-care center to protect the children.
[3]
Special exception standards. The Zoning Hearing Board shall consider the following when reviewing a special exception application for a proposed day-care center in residential zoning districts. The Zoning Hearing Board may impose any other conditions necessary to mitigate any potential adverse impact on users of the site and/or the surrounding area.
[a]
Day-care centers in residential zoning districts.
[i]
The proposed day-care center shall not be detrimental to the use, development, peaceful enjoyment and economic value of the surrounding properties or the neighborhood.
[ii]
The proposed day-care center shall be compatible with the existing character of the neighborhood with consideration to the population density, scale, bulk, design and external appearance of new structures; intensity and character of activity; traffic; and parking.
(14)
C-14, gun club.
(a)
Use does not permit the provision of an on-site target or firing range. A target or firing range is a separate use.
(c)
Minimum lot area for gun club shall be 10 acres, unless a more restrictive provision is established by another provision of this chapter.
(d)
A gun club shall have a 100-foot setback and a fifty-foot buffer from a residentially occupied or zoned property. These setbacks are in addition to the minimum required setbacks of the district.
(e)
The applicant for the special exception use shall present to the Board a petition which indicates approval of the proposed use by 51% of the persons owning, residing or doing business within a radius of 500 feet of the location of the proposed use. The applicant shall have attempted to contact all eligible locations within this radius and must supply a list of all addresses at which no contact was made. The circulator of the petition shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon.
(15)
C-15, target range.
(a)
A buffer yard and security fence is required around the perimeter of the target range.
(b)
Warning signs shall be posted in a clear and unobstructed manner along the perimeter of the property at distances no more than 50 feet apart. Such signs shall be at a minimum of one square foot in area.
(c)
No projectile, including but not limited to bullets, pellets and arrows, shall be propelled in such a manner or in such a direction as to cause the projectile to leave the secured range area.
(d)
Discharge of firearms or propelling of projectiles shall be confined to firing or target ranges approved by the Zoning Hearing Board and shall be equipped with adequate backstops and safety fences.
(e)
An outdoor firearms target range and any firing stations shall be located a minimum of 500 feet from any residential lot line, unless all firing would occur within a completely enclosed sound-resistant building. Clay pigeon shooting shall be directed away from homes and streets.
(g)
An indoor firearms target range shall be adequately ventilated and/or air conditioned to allow the building to remain completely enclosed.
(h)
A target range shall only be used for types of firearms or other weapons for which it was specifically designed. Automatic weapons shall not be used.
(i)
An outdoor target range shall not be used during nighttime hours.
(j)
Minimum lot area for an outdoor firearms target range shall be 10 acres, unless a more restrictive provision is established by another provision of this chapter.
(k)
The applicant for the special exception use shall present to the Board a petition which indicates approval of the proposed use by 51% of the persons owning, residing or doing business within a radius of 500 feet of the location of the proposed use. The applicant shall have attempted to contact all eligible locations within this radius and must supply a list of all addresses at which no contact was made. The circulator of the petition shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon.
(17)
C-17, hospital/hospice.
(a)
More than one access road of at least 20 feet in width shall be provided.
(b)
More than one fire exit shall be provided.
(c)
All facilities shall be located on the ground floor, unless an elevator sufficient to accommodate rolling beds or litters provides access to other than ground floor levels.
(d)
A buffer yard shall be provided around the perimeter of the site.
(18)
C-18, government services and facilities.
(a)
The site must be adequate for proper building, drainage, water supply and sewage disposal. Site size and space requirements shall be in accordance with applicable state or federal standards and practice for the use proposed.
(b)
Sufficient amounts of usable space are required for recreation areas, parking, loading, etc.
(c)
The site shall be separated from excessive noise, odor, smoke, dirt, dust and traffic congestion.
(d)
Pedestrian and vehicular circulation must be designed for safety and efficiency to achieve separation of vehicular and pedestrian traffic.
(e)
The site shall be located and planned in such a manner that it can be used for both its intended function and general community functions, if appropriate, and shall be attractively landscaped.
(19)
C-19, post office.
(a)
The site must be adequate for proper building, drainage, water supply and sewage disposal. Site size and space requirements shall be in accordance with applicable state or federal standards and practice for the use proposed.
(b)
Sufficient amounts of usable space are required for parking, loading, etc.
(c)
The site shall be separated from excessive noise, odor, smoke, dirt, dust and traffic congestion.
(d)
Pedestrian and vehicular circulation must be designed for safety and efficiency to achieve separation of vehicular and pedestrian traffic.
(20)
C-20, detention facility.
(a)
Such use shall be limited to facilities owned and operated by the County of Northampton and shall be limited to the following:
[1]
A juvenile detention facility as described and regulated in 42 Pa.C.S.A. § 6327.
[2]
A rehabilitation center providing for minimum security detention of prisoners for work release or partial confinement. Such rehabilitation center shall not include facilities for the total confinement of prisoners who have been sentenced or who are awaiting trial.
[3]
A penitentiary, correctional institution or prison.
(b)
Minimum lot size: five acres.
(c)
Minimum lot width (at building setback line): 300 feet.
(d)
Maximum building coverage: 25%.
(e)
Maximum impervious surface coverage: 50%.
(f)
Maximum height: 60 feet.
(h)
The greatest dimension in length or depth of a building shall not exceed 400 feet, but no more than three buildings may be attached to each other.
(i)
The distance at the closest point between any two buildings or groups of attached buildings shall not be less than 30 feet but shall be at least as great as the average height of the two adjacent buildings.
(j)
The width of a building or the aggregate widths of buildings fronting on a street on the same lot shall not exceed 80% of the width of the lot.
(k)
Sufficient landscaping should be provided to buffer the correctional facility from adjoining properties. A minimum planted buffer yard of 50 feet should be provided.
(l)
No detention facilities shall be closer than 1,000 feet from another licensed detention facility.
(m)
No detention facility shall be closer than 200 feet to any class of residentially zoned property.
(n)
Site plans should comply with the requirements of § 300-61 and provide, at a minimum, the following information:
[1]
The proposed location (excluding internal building layout), type, design and where appropriate, the height and color of all buildings and works;
[2]
All fencing;
[3]
All security lighting, including a statement of lighting intensity and indicative hours of operation;
[4]
Proposed access to and egress from the site and location of vehicle parking areas for employees and visitors, of access for public transport, of loading areas for service providers and of roads and accessways within the site; and the number, location, size and form of all signs proposed to be erected;
[5]
A traffic analysis to determine the proposed developments affect on the transportation network. If requested by the Township Board of Supervisors, a traffic impact study shall be submitted as part of the application;
[6]
Details of principal view corridors into the site, particularly from existing dwellings and roads; and
[7]
Details of any public address, alarm, amplified music or other such system that may be audible beyond the boundary of the site, including indicative locations, hours of operation and volume;
(21)
C-21, academic clinical research center.
(b)
An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The areas of the academic clinical research center where the medical marijuana is grown shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where an academic clinical research center adjoins a residential use or district.
(e)
Any and all other provisions contained in the Act affecting the construction, use and operation of an academic clinical research center.
(f)
The academic clinical research center shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized.
D.
Office uses.
(1)
D-1, business office. Business, professional, or governmental office other than doctor/dentist office.
(a)
Such use shall be carried on wholly indoors and within the principal building.
(b)
No office building shall include a store, beauty shop, or other personal service shop.
(c)
No office building shall include a store front, a store window, or any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood.
(d)
Except in the VC District, no structure erected or renovated for office use shall include any dwelling unit or units.
E.
Retail and consumer uses.
(1)
E-1, retail store. A retail store shall include a store selling apparel, baked goods, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, liquor, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, audio-visual equipment and supplies, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics, beer, wine and nonalcoholic beverages, provided:
(a)
All products produced on the premises are sold on the premises.
(b)
Over-the-counter sales of alcoholic beverages intended for consumption on the premises is not permitted.
(c)
There shall be no sales of gasoline or motor vehicle fuel in any retail store. The sale of gasoline or motor vehicle fuel shall require the use to be classified as an auto gas station or auto service station, and shall meet the requirements of that use and shall only be permitted in zoning districts where the use is permitted.
(d)
Gasoline sales or motor vehicle fuel sales shall not be permitted as uses accessory to retail store use.
(2)
E-2, personal service. Service business which includes barbershops and beauty shops, shoe repair shops, household appliance repair shops and other similar establishments.
(3)
E-3, financial institution. A financial establishment shall be limited to a bank, savings and loan association, credit union or other financial establishment, provided that if a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window.
(5)
E-5, fast-food eating place. Such use shall include cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carryout with consumption off the premises, provided:
(a)
The use must have direct access to a collector or arterial street.
(b)
There shall be only one point of ingress and only one point of egress to the collector or arterial street.
(c)
Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of 10 cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.
(d)
A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.
(e)
All such restaurants shall provide a trash storage area which is designed and constructed to be screened from the street and adjacent properties, to prevent trash from blowing from the area, and to permit safe and easy removal of the trash.
(f)
Trash receptacles shall be provided outside the restaurant for patron use.
(6)
E-6, tavern. Such use shall include an establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board, provided:
(a)
A tavern shall not be located closer than 100 feet from a residential use or district.
(b)
Business shall be conducted within an enclosed building, except that meal service may be provided on an outside patio, provided the patio is no more than 1/3 the floor area of the entire use.
(c)
Amplified outdoor live performances shall not be permitted.
(7)
E-7, shopping center.
(a)
Parking, loading and service areas shall be located entirely within the confines of the lot, shall be physically separated from public streets by buffer strips against unchanneled motor vehicular ingress and egress and shall have no more than two accessways to any one public street.
(b)
All accessways to a public street shall be located not less than 75 feet from the intersection of any street line.
(c)
Along any residential district boundary line, a buffer strip shall be not less than 25 feet in width, measured from such lot line or street line where such line constitutes the district boundary lines. The exterior 25 feet of said buffer strip shall be planted with grass seed and sod in ground cover and shall be well maintained. No storage of materials shall be permitted in said buffer yard.
(d)
No storage of materials, equipment or goods shall be permitted outside a building unless they are located within a permanently enclosed patio.
(e)
All parking, loading, access and service areas shall be adequately illuminated at night. Such lighting, including sign lighting, shall be arranged so as to protect the highway and adjoining property from direct glare or hazardous interference of any kind.
(f)
If the development of the center is to be carried out in progressive stages, each stage shall be so planned that the requirements of this section and the intent of this chapter shall be fully complied with at the completion of any stage.
(9)
E-9, general merchandise store. A general merchandise store shall be limited to a store that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant.
(11)
E-11, auto gas station.
(a)
An establishment whose principal function is the sale of gasoline and fuels for automobiles. Minor automobile accessories and food and beverage items may also be sold, subject to the limitations of this chapter. This use is distinguished from and does not include an automobile service and repair center where automobile parts and accessories are sold and installed within the facility but where there are no fuel sales.
(c)
Access to the site shall be located at least 200 feet from the intersection of any streets.
(d)
Fuel pumps and canopies shall be at least 25 feet from any ultimate street right-of- way.
(e)
Canopy regulations. No canopy shall exceed 17 feet in height. Canopy lights shall be recessed into the canopy so that the light source shall not be visible.
(f)
The facility shall be designed to contain all spills of liquids.
(12)
E-12, auto repair/body shop.
(a)
All repair and paint work shall be performed within an enclosed building.
(b)
All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
(c)
Outdoor storage of autos and other vehicles shall not exceed three times the indoor repair area, shall only be back of the front setback line and shall be no closer than 20 feet to side and rear lot lines.
(d)
Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicles shall be stored in excess of 45 days.
(e)
Motor vehicles taken to a service station or a garage for outside storage because of an accident or repair may remain without repairs being initiated no longer than 15 days from the initial date. Outdoor storage of automobiles and other vehicles shall be located in back of the front building line and shall be no closer than the side and rear yard requirements in the district. The perimeter of all storage areas shall be surrounded by a buffer yard.
(13)
E-13, auto service station.
(a)
All activities except those to be performed at the fuel or air pumps shall be performed within a building. The use shall not include spray painting.
(b)
Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.
(c)
All automobile parts, dismantled vehicles shall be located within a building.
(d)
Automobiles that are taken to a service station for outside storage because of an accident may remain no longer than 30 days from the day the car arrives at the station unless otherwise extended by the Zoning Officer.
(14)
E-14, car wash.
(a)
Proposed traffic flow and ingress/egress shall not cause traffic hazards on adjacent streets.
(b)
Access points shall be limited to two on each street abutting the lot.
(c)
On-lot traffic circulation channels and parking areas shall be clearly marked.
(d)
Signs and outdoor lighting shall be in accordance with this chapter.
(e)
Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater and waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.
(15)
E-15, funeral home. An establishment for the preparation of the deceased for burial and services connected therewith before burial or cremation, including an auditorium and temporary storage facilities, but not including crematoria, cemeteries, columbarium, mausoleums, or other permanent storage facility.
(16)
E-16, hotel/motel. Such use shall include a building or group of buildings containing rooms for rent for the accommodation of transient guests, chiefly motorists, plus an eating place, provided:
(a)
Such use shall be located on a lot of not less than four acres and shall have a continuous road frontage of at least 300 feet.
(b)
The use must have direct access to a collector or arterial street.
(c)
No building or structure shall be located closer than 75 feet to another structure or any rear property line.
(17)
E-17, laundromat.
(a)
Laundry, dry-cleaning or clothes-pressing establishments shall not employ equipment or materials which involve danger from fire or explosion, which detract from the character of the district or which involve the disposal of materials or fluids which may result in pollution of air, soil or waterways.
(18)
E-18, veterinarian office. Such use shall be limited to the office of veterinarian.
(a)
Any structure in which animals are treated or housed shall be a minimum of 30 feet from any lot line of an existing dwelling. Buildings shall be adequately soundproofed so that sounds generated within the building cannot routinely be perceived within any adjacent dwellings.
(b)
Animals undergoing treatment may be kept as an accessory use. However, a kennel shall only be allowed if a kennel is permitted in the district and if the applicable requirements for § 300-22A(8), kennel, are met.
(19)
E-19, animal hospital.
(a)
A minimum lot size of at least two acres shall be required for those animal hospitals treating small animals (e.g., cats, birds or exotic animals). A minimum lot size of at least three acres shall be required for those animal hospitals treating large animals.
(b)
All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(c)
Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m. No outdoor runs shall be permitted in the Village Center District.
(21)
E-21, garden center. Garden center use type refers to establishments primarily engaged in the retail sale of lawn and garden supply goods and equipment. This includes nursery, lawn and garden supplies, and garden tools.
(22)
E-22, adult uses.
(a)
Adult uses include, without limitation, the following establishments when operated for profit, whether direct or indirect:
[1]
Adult bookstores.
[2]
An establishment providing the exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
[3]
An establishment providing the live performance, display or dance of any type which has a significant or substantial portion of the performance, any actual or simulated performance, of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling or any other personal services offered to customers.
[4]
An adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
(b)
No adult use shall be located or established within 1,000 feet of any other adult use.
(c)
No adult use shall be located or established within 300 feet of any church, or other place of worship, school, public park, or residence, including all structures used for residential purposes.
(d)
No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(e)
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
(23)
E-23, medical marijuana dispensary.
(a)
A medical marijuana dispensary must be owned and legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.
(b)
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(d)
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
(e)
Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. of the same calendar day.
(f)
A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
(h)
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
(i)
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
(j)
A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.
(k)
Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.
(l)
All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(n)
A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.
(o)
Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
[1]
All accesses must secure the appropriate highway occupancy permit (state, Township or borough).
(p)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
(q)
The dispensary facility shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the Township of Moore ordinances.
(r)
Any and all other provisions contained in the Act affecting the construction, use and operation of a dispensary facility.
F.
Public utilities and public service organizations.
(1)
F-1, utility substation.
(a)
All equipment shall be enclosed in a building or by a sight-obscuring screen, masonry wall, wooden fence or chain-link fence with evergreen vines at least eight feet in height.
(b)
Provision shall be made for off-street areas for parking and servicing all facilities.
(c)
Lot area and yards shall comply with requirements of the zone in which the proposed use is located, except that the Zoning Hearing Board may allow lesser lot area requirements if additional area is not needed for the proposed use and all other provisions of this chapter are satisfied.
(2)
F-2, emergency services. Emergency services shall include fire, ambulance, rescue, and other emergency services of a municipal or volunteer nature, provided:
(3)
F-3, transportation terminal. A facility for loading, unloading, and interchange of passengers and baggage between modes of transportation, including bus stations, taxi terminals, and public transit facilities.
(a)
No more than 15 cars shall be parked/stored on the premises at any one time.
(b)
All activities associated with the use shall take place within wholly enclosed buildings, except accessory off-street parking facilities.
(c)
No vehicles shall be permitted to stack or wait within the public right-of-way.
(4)
F-4, commercial communications towers and antennas.
(a) ACCESSORY EQUIPMENT ANTENNA BASE STATION[1] [2] [3] [4] CO-LOCATION DISTRIBUTED ANTENNA SYSTEM (DAS) ELIGIBLE FACILITIES REQUEST ELIGIBLE SUPPORT STRUCTURE EQUIPMENT COMPOUND FRONT FACADE AREA FT. WORTH ATTACHMENT HEIGHT OF A TOWER-BASED WCF MINIMUM FUNCTIONAL HEIGHT MODIFICATION MONOPOLE NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF) REPLACEMENT RIGHT-OF-WAY SITE STEALTH TECHNOLOGY SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE[1] [2] [3] TOWER TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF) TRANSMISSION EQUIPMENT WBCA WCF ON EXISTING STRUCTURE WIRELESS WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS SUPPORT STRUCTURE
Definitions.
Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, base stations, cabinets and storage sheds, shelters or similar equipment.
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizens band radio antennas.
A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower or any equipment associated with a tower.
The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., WiFi) and fixed wireless services (i.e., point-to-point microwave transmissions) such as microwave backhaul.
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with Moore Township, supports or houses equipment described in Subsections [1] and [2] of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.
Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
Any tower or base station, provided that it is existing at the time the relevant application is filed.
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
The public right-of-way area located directly in front of a physical structure. This shall include the area directly across a roadway.
A non-free-standing pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.
Minimum height necessary for a WCF to function satisfactorily.
The co-location, improvement, upgrade, expansion, removal, or replacement of an antenna or any other transmission equipment associated with the supporting structure.
A WCF or site which consists of a single-pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
All nontower wireless communications facilities (WCFs), including, but not limited to, antennas and related equipment mounted to a wireless support structure. Nontower WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, commonwealth, municipality or municipal authority, and any nonexclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed WCF into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flag poles.
(Applies only to wireless communication facilities). A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
For towers other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; it entails any excavation or deployment outside the current site.
Any structure that exceeds 10 feet in height and is built and/or installed for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., WiFi) and fixed wireless services (i.e., point-to-point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flagpole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities, as well as a Ft. Worth Attachment shall not be considered a tower.
Wireless communications facilities that include the installation of a tower to support the transmission equipment.
See "nontower wireless communications facility."
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
Wireless communications facilities located on existing structures such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles and other similar structures which are subject to the approval of the Zoning Officer. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.
The set of equipment and network components including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the municipality.
(b)
District requirements.
Table A.1 | |||||
|---|---|---|---|---|---|
Zoning District | Tower Based WCF in ROW | Tower Based WCF out of ROW/40 height or less | Tower Based WCF/out of ROW/>40 feet | WCF on Existing Structure | Eligible Facilities Request |
BMC | SE* | SE* | SE* | P | P |
LC | SE* | NP | NP | P | P |
RA | SE* | SE* | SE* | P | P |
RR | SE* | NP | NP | P | P |
VC | SE* | NP | NP | P | P |
I | SE* | SE* | SE* | P | P |
* | Subject to Table A.2 |
Table A.2 Prohibited Zoning | ||
|---|---|---|
WCF Type | Prohibited Zoning Districts | |
A | Tower-based WCF located out of the ROW | Residential lots or properties in Residential Zoning Districts |
B | Tower-based WCF located in the ROW | Residential Zoning Districts where all public service utilities are primarily located underground within 100 feet of the proposed tower or base station |
(c)
Bulk and area requirements:
[1]
Bulk and area requirements.
Table B.1 Tower-Based WCFs | |||
|---|---|---|---|
WCF out of ROW | WCF in ROW | ||
Height | Tower-based WCFs shall be designed to minimum functional height; applicants must submit documentation justifying the total height, not to exceed 120 feet; The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent: (1) The toppling of any structure onto adjoining properties and/or roads; and (2) The wind-borne scattering of ice onto adjoining properties and/or roads | Tower-based WCFs shall be designed to minimum functional height, not to exceed 40 feet; The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent: (1) The toppling of any structure onto adjoining properties and/or roads; and (2)The wind-borne scattering of ice onto adjoining properties and/or roads | |
Lot size | Only use on lot or property: | Subject to underlying zoning district | |
Combined with another use on lot or property in accordance with this chapter: | Area needed to accommodate the WCF and guy wires, accessory equipment, a security fence and landscaping and screening | Not applicable | |
Setback | Towers: | Each structure shall be set back from each property line a distance not less than three times its height or that required by the underlying district, whichever is greater | Not applicable except as otherwise provided in this chapter |
Equipment buildings/cabinets | Subject to applicable minimum accessory use or structure set back in the underlying zoning district | ||
Width | Not applicable | Maximum 18 inches in diameter | |
[2]
Special exception. Each Applicant proposing the construction of a tower-based WCF shall complete and submit a special exception application prior to beginning construction of such WCF. Such application shall be evaluated by the Township Zoning Hearing Board and subject to the proceedings of § 300-23 (zoning districts and use regulations) of this chapter and as specifically provided for within this chapter.
[3]
General and specific requirements for all tower-based wireless communication facilities. The following regulations shall apply to all tower-based wireless communications facilities:
[a]
Standard of care. The WCF applicant shall present documentation that demonstrates the tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes including, but not limited to, the most recent editions of the American Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
[b]
Special exception authorization required. Tower-based WCFs are permitted in certain zoning districts by special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.
[i]
Prior to the Zoning Hearing Board's approval of a special exception authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF application, during the special exception hearing, to prove to the reasonable satisfaction of the Zoning Hearing Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antennas and other similar equipment installed on existing structures, such as utility poles or their appurtenances and/or other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCG applicant's service area and that no other viable alternative location exists.
[ii]
The special exception application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[iii]
The special exception application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws concerning aviation safety.
[iv]
Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Zoning Hearing Board that owner of the property has granted an easement for the proposed tower-based WCF and that vehicular access will be provided to the facility.
[v]
The special exception application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies will all applicable provisions in this section.
[vi]
All special exception applications for a tower-based WCF shall be submitted in accordance with the applicable provisions of the Pennsylvania Wireless Broadband Collocation Act (Act 191), 53 P.S. § 11702.1 et seq. (WBCA), as amended, and the Federal Communications Commission (FCC).
[c]
Site plan required. In order to determine the requirements of the special exception use and this section are met, the applicant shall present a site plan showing, at a minimum, the following items:
[i]
Locations of all existing uses and proposed WCFs.
[ii]
Elevations and drawings of any existing uses and proposed tower-based WCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antenna, etc., proposed.
[iii]
Site boundary, lease area boundary, zoning data, setbacks/yards, and adjacent uses.
[iv]
Vehicular access, fencing, landscaping, utility and/or access easements.
[v]
Any and all other site plan requirements as set forth in this chapter, as amended.
[d]
Engineer certification. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, the applicant shall employ a structural engineer registered in Pennsylvania to issue to the Township a written certification of the proposed tower-based WCFs ability to meet the structural standards offered by either the Electronics Industry Association and Telecommunications Industry Association. Such engineer shall certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception use hearings, or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
[e]
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.
[f]
Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure. The Moore Township Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount its antenna(s) on an existing structure. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing WCF towers and other suitable structures within a one-mile radius from the point of any proposed tower-based WCF, unless the WCF 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 structure cannot be utilized. The WCF applicant shall present evidence to the Zoning Hearing Board that the existing WCF towers and other suitable structures located within a one-mile radius are not suitable for the following reasons:
[i]
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[ii]
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building structure, or tower and the interference cannot be prevented at a reasonable cost.
[iii]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[g]
Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF which increases the overall height of such tower-based WCF shall first obtain a permit from the Township. Nonroutine modifications, as well as modifications that substantially change the tower-based WCF, shall be prohibited without a permit.
[h]
Gap in coverage or capacity. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Zoning Hearing Board's decision on an application for approval of a tower-based WCF.
[i]
Additional antennas. As a condition of special exception use approval for all tower-based WCFs, the WCF applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other service providers to co-locate antennas on the tower-based WCF where technically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
[j]
Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI-EIA-TIA-222-E Code, as amended).
[k]
Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any tower-based WCF which is not located in the public ROW shall not exceed 120 feet, which height shall include all subsequent additions or alterations to the extent permissible under federal and state law. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height.
[l]
Related equipment. Ground-mounted related equipment greater than three cubic feet, such as cabinets and accessory structures, shall not be located within 50 feet of a lot in residential use or zoned residential.
[m]
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[n]
Maintenance. Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[o]
Radio frequency emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
[p]
Historic buildings or districts. A tower-based WCF shall not be located on a building, structure, or site that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Township.
[q]
Signs/identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. There shall be no other signage permitted on the WCF, except for that required by law or FCC/FAA regulations or any other federal or state agency.
[r]
Lighting. No tower-based WCF shall be artificially lighted, except as required by law and as may be approved by the Township. If lighting is required, the tower-based WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary/Township Manager.
[s]
Visual appearance. Tower-Based WCFs shall employ stealth technology, which may include the tower portion to be painted silver or another color approved by the Zoning Hearing Board, or shall have a galvanized finish. All tower-based WCFs and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
[t]
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
[u]
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
[v]
Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 linear feet of the property or parcel of the proposed facility, regardless of whether the properties are located in Moore Township or another jurisdiction/municipality.
[w]
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location within one year after damage occurs but must otherwise comply with the terms and conditions of this chapter.
[x]
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 tower-based WCF, as well as related inspection, monitoring and related costs.
[y]
FCC license. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
[z]
Insurance. Each person that owns or operates a tower-based WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
[aa]
Indemnification. Each person that owns or operates a tower-based WCF, or the property on which such WCF is located, shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage or depreciation of property value or for violation of property or zoning rights, 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 tower-based WCF. Each person that owns or operates a tower-based WCF and each owner of property upon which a tower-based WCF is located 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 tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
[bb]
Engineer signature. All plans and drawings for a tower and antenna(s) shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
[cc]
Appalachian trail coordination. The applicant for any proposed wireless communication facility or antenna located within one mile of the Appalachian National Scenic Trail shall notify the Appalachian Trail Conference and/or the federal Appalachian Trail Park Office of its intent to place such structure. Any comments by either agency shall be considered by Moore Township.
[4]
Tower-based wireless communications facilities outside the rights-of-way. In addition to the requirements set forth in Subsection D (General and specific requirements for all tower-based wireless communications facilities), the following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
[a]
Development regulations:
[i]
Gap in coverage or capacity. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage or capacity. The existence or non-existence of a gap in wireless coverage or capacity shall be a factor in the Township's decision on an application for approval of tower-based WCFs.
[ii]
Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.
[iii]
Combined with another use. A tower-based WCF may be permitted on a property with an existing use (but not a residential use) or on a vacant parcel in combination with another proposed industrial, commercial, institutional or municipal use, subject to the following conditions:
[A]
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the tower-based WCF.
[B]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
[C]
Minimum setbacks. The tower-based WCF and accompanying equipment building shall not be located in the minimum front, rear, or side yard setbacks for the applicable zoning district and must otherwise comply with the provisions of this chapter, including Table B.1.
[D]
Vehicular access to the tower-based WCF shall not interfere with parking or circulation on the site.
[b]
Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure. The Moore Township Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount its antenna(s) on an existing structure. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing WCF towers and other suitable structures within a one-mile radius from the point of any proposed tower-based WCF, unless the WCF 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 structure cannot be utilized. The WCF applicant shall present evidence to the Zoning Hearing Board that the existing WCF towers and other suitable structures located within a one-mile radius are not suitable for the following reasons:
[i]
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[ii]
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building structure, or tower and the interference cannot be prevented at a reasonable cost.
[iii]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[c]
Design regulations:
[i]
The WCF shall employ the must current stealth technology methods available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township Zoning Hearing Board.
[ii]
Where the proposed site abuts a residential zoning district, tower-based WCFs shall be permitted only where they are disguised by utilizing stealth technology so that it will fit in with the residential character of the community.
[iii]
Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
[iv]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennae for future users.
[d]
Surrounding environs:
[i]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure is preserved to the maximum extent possible.
[ii]
The WCF 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 WCF, and anchors for guy wires, if used.
[e]
Fence/screen:
[i]
A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.
[ii]
An evergreen screen that consists of a hedge, or a row of evergreen trees shall be located along the perimeter of the security fence.
[iii]
The WCF applicant shall submit a landscape plan for review and approval by the Township Planning Commission for all proposed screening.
[f]
Accessory equipment:
[i]
Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be screened from public view using stealth technology.
[ii]
All 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 underlying zoning district.
[g]
Access road/lease area. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. The access road shall be a dust-free, all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Zoning Hearing Board that the property owner has granted an easement and/or signed a lease agreement for the proposed facility.
[h]
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Township ordinances or state or federal law.
[i]
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[j]
Bond. Prior to the issuance of a permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain a bond from a surety licensed to do business on Pennsylvania and maintain said bond, or other form of security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety and any all compensatory damages (including but not limited to reasonable attorney's fees and engineering fees) incurred by the Township for violations of this chapter, which shall include the costs incurred by the Township that are associated with the removal of the tower-based WCF, after reasonable notice and opportunity to cure have been provided by the property owner. The owner shall file a copy of the bond with Township Secretary and/or Township Manager.
[5]
Tower-based facilities in the rights-of-way. In addition to the requirements set forth in Subsection D (General and specific requirements for all tower-based wireless communications facilities), the following regulations shall apply to tower-based wireless communications facilities which are proposed to be located in the public rights-of-way:
[a]
Tower-based wireless communication facilities (WCFs) in the public rights-of-way shall not be located in the front facade area of any structure. This includes structures located across the street/roadway from the proposed tower-based WCF in the right-of-way. In addition, placement of the tower-based WCF must be in accordance with Table A.2 of this chapter.
[b]
Tower-based wireless communication facilities (WCFs) in the public rights-of-way shall be prohibited in areas in which all utilities are located underground.
[c]
Tower-based wireless communication facilities (WFCs) proposed to be located in the public rights-of-way are permitted by special exception in the public rights-of-way of certain districts as set forth herein.
[d]
Gap in coverage or capacity. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.
[e]
Height. Any tower-based WCF in rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 40 feet, which height shall include all subsequent additions or alterations to the maximum extent permitted by state and federal law. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.
[f]
Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure. The Moore Township Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount its antenna(s) on an existing structure. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing WCF towers and other suitable structures within a one-mile radius from the point of any proposed tower-based WCF, unless the WCF 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 structure cannot be utilized. The WCF applicant shall present evidence to the Zoning Hearing Board that the existing WCF towers and other suitable structures located within a one-mile radius are not suitable for the following reasons:
[i]
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[ii]
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building structure, or tower and the interference cannot be prevented at a reasonable cost.
[iii]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[g]
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs 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.
[h]
Equipment location. tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
[i]
In no case shall any aboveground or subsurface portion of ground-mounted equipment or related walls or landscaping be located less than two feet behind the face of an existing curb of four feet outside the edge of an existing improved shoulder in the case of an uncurbed road.
[ii]
Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
[iii]
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
[iv]
Any graffiti on the tower or 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.
[v]
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
[i]
Design regulations.
[i]
All tower-based WCFs in the ROW shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township Zoning Hearing Board.
[ii]
Any proposed tower-based WCF in the ROW shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennae for future users.
[j]
Additional antennas. The WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible.
(d)
Design, construction and operations:
[1]
All WCFs shall be sited, designed, constructed, operated, inspected maintained, repaired, modified, removed and replaced in strict compliance with all current applicable federal and state technical and safety codes, as well as the provisions of this chapter.
[2]
Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot or property.
[3]
All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.
[4]
Co-location. All tower-based WCFs where the Tower is more than 40 feet in height, located outside of the right-of-way, shall be designed to accommodate both the applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs where the tower is more than 40 feet in height, the applicant shall agree to allow other service providers to co-locate antennas on the tower where technically and economically feasible.
[5]
Vehicular access.
[a]
An access driveway and two off-street parking spaces shall be provided to ensure adequate emergency and service access to all tower-based WCFs located outside of the right-of-way. Access to these facilities shall be from a driveway leading to a public road, which driveway shall not be less than 12 feet nor more than 20 feet in width. The access road shall be a dust free, all weather surface for its entire length.
[b]
Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
[c]
Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.
[d]
Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
[e]
An applicant shall present documentation to the Township that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.
[f]
Any required access easement shall be a minimum of 20 feet in width or as required to accommodate the proposed driveway and drainage facilities.
[g]
Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use if located on the lot or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.
[h]
Parking. A minimum of two off-street parking spaces shall be provided for a WCF located outside the ROW.
[6]
Fencing. A security fence, which may include barbed wire, with a minimum height of six feet with a self-locking gate, shall be required to surround any tower-based WCF located outside the right-of-way, where the tower is more than 40 feet in height, or less than or equal to 40 feet in height when the WCF has ground-based equipment, including guy wires, associated equipment, and buildings.
[7]
Safety in rights-of-way.
[a]
Schedule of operations. The Township shall determine the time, place and manner of siting, design, construction, maintenance, repair, modification, removal and/or replacement of all WCFs located in the right-of-way, based on public safety, traffic management, physical burden on the right-of-way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
[b]
Alteration of a WCF. Within 60 days following written notice from the Township, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF located in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:
[i]
The construction, repair, maintenance or installation of any municipal or other public improvement located in the right-of-way.
[ii]
The operations of the Township or other governmental entity in the right-of-way.
[iii]
Vacation of a street or road or the release of a utility easement.
[iv]
An emergency as determined by the Township.
[v]
No permit is required for such removal, relocation, change or alteration ordered by the Township.
[c]
Visual obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within three feet of the edge of cartway.
[8]
Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.
[9]
Soil report. An applicant for a tower-based WCF where the new tower is more than 40 feet in height shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, shall be submitted to the Township Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.
[10]
Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.
[11]
Inspections for all WCFs where the new tower is more than 40 feet in height.
[a]
A copy of any required inspection report shall be provided to the Township following the inspection. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Township.
[12]
Equipment storage. The storage of unused equipment or supplies is prohibited on any WCF site.
(e)
Removal of commercial communications towers and antennas. If a commercial communications tower and/or antenna remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the tower and/or antenna within six months of notice to do so by the municipality. Further, the owner or operator of the tower and/or antenna shall post security in a form acceptable to the municipality favoring the municipality in an amount to cover tower and/or antenna removal and site cleanup. The security shall be utilized by the municipality in the event that the owner or operator of the tower and/or antenna fails to remove the tower and/or antenna within six months of notification by the municipality.
(f)
Replacement, co-location, or modification.
[1]
Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this subsection, an application for replacement, co-location or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Township building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.
[2]
Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.
[3]
Any substantial change to an existing tower-based WCF shall require approval of the Township in accordance with the terms of this section.
[4]
If co-location is to occur, a sketch plan of the existing tower-based WCF and WCFs with the proposed transmission equipment to be mounted on an eligible support structure showing its location and size shall be provided to the Moore Township Planning Commission. The applicant who intends to mount the existing facility shall be required to submit a written agreement with the owner of the existing structure allowing a shared use.
(g)
Permit requirements.
[1]
Co-location analysis. An application for a new tower-based WCF where the new tower is more than 40 feet in height and located outside of the right-of-way, shall not be approved unless the applicant demonstrates that the wireless communications equipment planned for the proposed tower-based WCF cannot be co-located on an existing structure or building within a one-half-mile radius of the proposed tower-based WCF location to achieve the coverage or capacity objectives of the applicant.
[2]
Gap in coverage or lack of adequate capacity. An applicant for a tower-based WCF where the new Tower that is more than 40 feet in height, located outside of the right-of-way, must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within one year of the filing of its application with respect to the applicant in the area and that the proposal is the least intrusive means to fill that gap.
[3]
Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed WCF on the subject lot or property.
[4]
Licensing and applicable regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.
[5]
Emissions. The applicant shall demonstrate that the proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.
[6]
Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.
[7]
Review time frames.
Table C.1 WCF Review Time Frames | |||
|---|---|---|---|
Municipality shall notify the applicant in writing of any information that may be required to complete application | Municipality shall approve or deny the application unless a shorter time period is applicable under the PA MPC | ||
A | New tower-based WCFs | Within 30 calendar days of the date the application was filed with the municipality, | Within 150 days* of submission of a complete application for a WCF. |
B | WCF on existing structures | Within 30 calendar days of the date the application was filed with the municipality, | Within 90 days* of submission of a complete application for a WCF. |
C | Eligible facilities requests** (as defined) | Within 30 calendar days of the date the application was filed with the municipality, | Within 60 days* of submission of a complete application for a WCF. |
* | The time period may be tolled by mutual agreement or in cases where the municipality informs the applicant in a timely manner that the application is incomplete. If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission, but may be tolled again if the municipality provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed. |
** | The municipality shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an eligible facility. |
[8]
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the actual reasonable cost to review and process the application.
(h)
Discontinuance, abandonment and removal and posting of financial security.
[1]
Determination and posting of security.
[a]
At the time of application for a special exception hearing, the applicant shall provide a copy of a certified estimated cost for removal of all tower(s), equipment shelter(s), fence(s) and any and all other improvements and complete restoration of the site to its preconstruction condition. During the consideration of the conditional use, the applicant shall provide, from an expert in the area of construction costs, testimony concerning the reasonableness and accuracy of the certified estimate.
[b]
Prior to the issuance of a building permit, the applicant shall provide, in a form acceptable to the Township solicitor, financial security in an amount of 110% of the cost established during testimony, inflated to the estimated cost in the final year of the initial term of the proposed lease or license. The minimum term for such security shall be 18 months longer than the term of the initial lease or license.
[c]
Not fewer than 90 days prior to the expiration of each term of the proposed lease or license, the applicant shall submit an updated certified estimate of the cost of removal as stated above. This estimate shall be reviewed, and revised as necessary, by the Township. Not fewer than 30 days prior to the expiration of the proposed lease or license, the applicant shall provide, in a form acceptable to the Township Solicitor, financial security in an amount of 110% of the cost of such accepted estimate, inflated to the estimated cost in the final year of the proposed new term of the lease term or license. The minimum term for such security shall be 18 months longer than the new term of the lease or license.
[d]
In those cases where there is fee ownership of the premises by the owner of the proposed facility, security, estimated and secured as indicated above, shall be provided to the Township prior to the issuance of a building permit. The minimum term for such security shall be 42 months. Costs shall be reestimated by the owner, reviewed and approved by the Township, and security shall be posted biennially beginning on the second anniversary of the establishment of the initial instrument of financial security. The term of each subsequent instrument of financial security shall be not fewer than 42 months. In each case, the form of financial security shall be reviewed and approved by the Township Solicitor.
[2]
Discontinuation. In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator shall provide written notice to the Township of its intent to discontinue the use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[a]
All unused or abandoned WCFs and accessory facilities shall be removed within six to 12 months of the cessation of operations at the site unless a time extension is approved by the Township.
[b]
If the WCF and/or accessory facility is not removed within six to 12 months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
[c]
Any unused portions of WCFs, including antennas, shall be removed within six to 12 months of the time of cessation of operations.
(5)
F-5, airport.
(a)
A minimum lot size of 20 acres shall be required.
(b)
Runways shall be oriented to minimize the hazards and disturbance posed by aircraft during takeoff and landing.
(c)
As part of a conditional use approval, the Board of Supervisors shall have the authority to establish reasonable conditions that limit the types, size and weights of aircraft and the hours of operation in order to minimize noise nuisances to dwellings.
(d)
As part of a conditional use application, the applicant shall provide evidence that flight patterns will be designed to minimize noise nuisances to dwellings.
(e)
Each end of a runway shall be setback a minimum of 200 feet from all lot lines. Each side of the runway shall be setback a minimum of 100 feet from all lot lines.
(6)
F-6, solar electric facility.
(a)
The minimum lot area for the use shall be two acres; and the solar electric facility and related equipment will have a rated capacity of more than 18 kilowatts.
(b)
Applications filed pursuant to this chapter shall comply with Chapter 260, Subdivision and Land Development, of the Township and shall contain the following:
[1]
A narrative describing the proposed solar electric facility, including an overview of the project; the project location; the approximate generating capacity of the solar electric facility; the approximate number, representative types and height or range of heights of the panels or other solar energy system equipment to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of all ancillary facilities.
[2]
An affidavit or similar evidence of agreement between the landowner of the real property on which the solar electric facility is to be located and the facility owner, demonstrating that the facility owner has permission of the landowner to apply for necessary permits or approvals for construction and operation of the solar electric facility ("participating landowner agreement").
[3]
Identification of the properties or portions thereof on which the proposed solar electric facility will be located, and the properties adjacent to where the solar electric facility will be located.
[4]
A site plan showing the planned location of each solar energy system, property lines, setback lines, access roads and turnout locations, substation(s), electrical cabling from the solar energy system to the substation(s), ancillary equipment, buildings and structures, including associated distribution and/or transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
[5]
Documents related to decommissioning, including a schedule for decommissioning.
[6]
Other relevant studies, reports, certifications and approvals as may be provided by the Applicant or required by the Township to ensure compliance with this chapter.
(c)
The design of the solar electric facility 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 (UL), IEEE, Solar Rating and Certification Corporation (SRCC), ETL, Florida Solar Energy Center (FSEC) or other similar certifying organizations.
(d)
The solar electric facility shall be constructed to and comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Department of Labor and Industry under its regulatory authority.
(e)
Solar electric facilities shall not be artificially lighted, except to the extent required by safety or by any applicable federal, state or local authority.
(f)
Solar electric facilities shall not display advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner.
(g)
On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
(h)
A solar electric facility shall be enclosed by a fence, barrier or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the property.
(i)
Clearly visible warning signs shall be placed on the fence, barrier or facility perimeter to inform individuals of potential voltage hazards.
(j)
All solar electric facilities shall be set back from all property lines or rights-of- way a distance of not less than the minimum required setback requirements for that zoning classification where the facility is located or 50 feet, whichever is greater.
(k)
A solar electric facility shall be sited in such a way that it presents no threat to traffic or to public health and safety.
(l)
Decommissioning requirements.
[1]
If a solar electric facility remains nonfunctional or inoperative for a continuous period of one year, the facility shall be deemed to be abandoned and shall constitute a public nuisance, unless the facility owner demonstrates a good-faith intent to sell the facility. Within six months of abandonment, the facility owner shall remove the electric facility, after a demolition permit has been obtained (as well as any other state or local permits which are required), in accordance with the following:
[2]
When the equipment comprising the solar electric facility is removed, any disturbed earth as a result of the removal of the equipment shall be restored, graded and reseeded or immediately returned to another allowed use.
[3]
The facility owner shall submit an estimate for the total cost of decommissioning without regard to salvage value of the equipment (gross decommissioning cost) to the Township for review and approval prior to the issuance of an occupancy permit for the solar electric facility and every fifth year thereafter. The facility owner shall post and maintain financial security in the amount of the gross decommissioning costs, provided that at no point shall the financial security be less than 25% of the gross decommissioning costs. The financial security shall be in the form of a bank-issued letter of credit or cash escrow or other form of financial security approved by the Board. Cash escrow funds shall be held in an interest-bearing escrow account for the benefit of the facility owner.
[4]
If the facility owner fails to complete decommissioning within the required time period, then the landowner shall, within six months, complete decommissioning. The Township may draw on the financial security to reimburse the landowner for decommissioning costs upon the request of the landowner and submission of proof of costs in a form satisfactory to the Township.
[5]
If neither the facility owner nor the landowner complete decommissioning within the required periods, then the Township may take such measures as necessary to complete decommissioning. To the extent the Township incurs costs to rightfully perform any act in furtherance of decommissioning, it may draw on the financial security to pay for all costs and expenses. If the decommissioning costs and expenses are greater than the financial security, then the Township may charge the landowner and/or facility owner for the excess costs and expenses, including reasonable attorneys' fees for collection, and such amounts shall be a special assessment against the property and shall constitute a municipal lien on the property for the amount of the assessment plus an additional penalty of 10% of the assessment.
[6]
Upon completion of decommissioning to the satisfaction of the Township, any remaining financial security shall be released to the facility owner.
G.
Industrial uses.
(1)
G-1, manufacturing. An industrial use which shall include but not be limited to the production, processing, cleaning, and testing of materials, goods, foodstuffs, and products, and the commercial generation of electricity.
(a)
All manufacturing uses must meet the nuisance standards as set forth in this chapter.
(2)
G-2, metal fabrication. Metal fabrication shall include all activities, including minor welding, involved in the assembly, altering, servicing, repairing, warehousing or storing, or adapting for sale of previously prepared metal products.
(a)
All metal fabrication uses must meet the nuisance standards as set forth in this chapter.
(3)
G-3, mineral extraction.
(a)
The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well-being of the surrounding area and its residents.
(b)
The site shall be reclaimed to a nonhazardous state permitting some reasonable future use and so that the extracting activities and resulting condition of the site will not result in environmental degradation of the surrounding area.
(c)
All activities of these land uses shall be effectively screened from adjacent properties and set back from adjacent properties by a minimum distance of 50 feet and from residential structures by a minimum distance of 200 feet or such greater distance as may be required by site conditions to protect adjacent properties as determined necessary by the municipal review bodies.
(d)
Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and/or mining activities.
(e)
A copy of all information submitted to the state agencies shall also be submitted to the Zoning Officer at the same time.
(f)
A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Township permits.
(g)
Truck access to the use shall be located to reasonably minimize hazards on public streets, and dust and noise nuisances to residences.
(h)
The Board of Supervisors may require secure fencing in locations where needed to protect public safety. As an alternative, the Board of Supervisors may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.
(i)
The Board of Supervisors, as a condition of conditional use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.
(4)
G-4, industrial services. Industrial services shall include dry-cleaning plants; metal, machine, and welding shops; cabinetry and woodworking shops; furniture upholstery shops; and similar businesses engagements in custom fabrication and repair, provided that this use shall not include outdoor storage.
(5)
G-5, junkyard.
(a)
Storage of organic material is prohibited.
(b)
The site shall be located a minimum of 200 feet from any adjoining district.
(c)
The site shall be located a minimum of 100 feet from any highway, Township road or street or access road.
(d)
The site shall contain one entrance and one exit, each of which is not less than 30 feet in width.
(e)
The site shall be completely enclosed by a sight-obscuring screen, masonry wall, wooden fence, compact evergreen hedge or chain-link fence with evergreen vines at least eight feet in height.
(f)
Off-street parking shall be provided within the site enclosure.
(g)
The burning or incineration of vehicles shall be prohibited unless said burning is carried out in a completely enclosed incinerator approved by the Department of Environmental Protection.
(h)
All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.
(i)
The minimum lot area for the use shall be five acres, and the maximum lot area shall be 20 acres.
(6)
G-6, lumberyard. Such use shall be limited to a lumberyard and the storage and sale of finished products used in building and construction, such as concrete and metal pipe, provided that:
(7)
G-7, construction company.
(a)
Outdoor storage of equipment shall be back of the front setback line and shall be no closer than 20 feet to any lot line.
(8)
G-8, fuel oil company.
(a)
Shall be in accordance with applicable federal, state and local fire protection standards.
(10)
G-10, printing. Printing shall include printing, publishing and binding.
(11)
G-11, research, engineering or testing laboratories. Scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development, provided that:
(12)
G-12, slaughterhouse. All slaughterhouses shall comply with all applicable state regulations.
(14)
G-14, warehouse. Within the Industrial (I) Zone, warehouses shall be permitted as a conditional use, subject to the following criteria:
(a)
Special dimensional requirements for warehouses.
(b)
Buffer yards.
[1]
A 100-foot-wide buffer yard shall be provided along the entire length of the street frontage of any property upon which a warehouse is located. Further, a 100-foot-wide buffer yard shall be provided along any property line which abuts a residential or agricultural zoning district or an existing residential use.
[2]
The buffer yard shall be measured from the property line or street right-of-way line. Where a lot line drainage or utility easement is required, the buffer yard shall be measured from the inside edge of the easement.
[3]
The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings, and structures of any kind, except for emergency access roads or pathways and/or sidewalks as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.
[4]
The buffer yard shall be landscaped with evergreen trees, deciduous trees, flowering trees, and shrubs of types resistant to diesel exhaust.
[5]
All areas of the buffer yard not covered with plantings shall be covered by a well-maintained, all-season vegetative ground cover, such as grass.
[6]
Earthen berms shall be constructed within buffer yards in accordance with Subsection G(14)(c), Berm requirements, herein.
[7]
Minimum planting requirements in buffer yards:
[b]
This landscaping shall be provided in addition to any landscaping required by other Township regulations.
[c]
Plantings shall be arranged so as to provide a complete visual screen of the warehouse of at least 14 feet in height (measured in addition to the height of the berm) within three years.
[d]
The plantings shall be arranged on the outside (nonwarehouse side) and top of the berm.
[e]
Evergreen trees shall have a minimum height of eight feet. Deciduous trees shall have a minimum trunk caliper of two inches measured three feet above the top of the root ball and a minimum height of 12 feet. Flowering trees shall have a minimum height of seven feet. Shrubs shall have a minimum height of 30 inches. Minimum heights shall be as measured from finished grade at the time of planting.
(c)
Berm requirements.
[1]
A raised earthen berm shall be constructed along the entire length of the street frontage of any property upon which a warehouse is located. Further, a berm shall be constructed along any property line which abuts a residential or agricultural zoning district or an existing residential use.
[2]
The berm shall have a minimum average height of 14 feet measured above existing grade on the outside (nonwarehouse side) of the berm. The berm shall not have a completely continuous height but shall vary in height by one or two feet along the length of the berm.
[3]
The berm shall have a maximum side slope of three feet horizontal to one foot vertical.
[4]
The berm shall have a minimum top width of 10 feet.
(d)
Other requirements.
[1]
All access points for all warehouses shall be to and from a collector or arterial roadway, built to Township standards and directly connected to the nearest collector or arterial roadway built to those standards.
[3]
The use shall comply with the general performance standards set forth in § 300-30 and all other applicable Township regulations.
[4]
Drone operations shall be limited to the hours between 7:00 a.m. and 9:00 p.m. and between sunrise and sunset, whichever is more restrictive.
[5]
Driveways, walkways, and parking, staging, and loading areas shall be designed to minimize potential conflicts between cars, trucks, and pedestrians internal to the site and at access points to adjacent roadways.
[6]
Traffic study. Applicant shall provide a traffic study prepared by a professional engineer, licensed in the State of Pennsylvania, pursuant to § 300-30K, Traffic study criteria, and in accordance with PennDOT "Policies and Procedures for Transportation Impact Studies related to Highway Occupancy Permits," latest edition. The final scope of the study shall be subject to approval by the Township, and PennDOT if the project will impact a state highway.
[7]
Off-street parking, loading, and staging spaces and loading docks are required as follows:
[a]
Off-street parking spaces: 1.5 parking spaces for every one employee at peak periods of operation, including any potential overlap between shifts. In the event that a particular tenant has not been identified for the facility, the applicant shall demonstrate adequacy of proposed parking to meet requirements of § 300-56G(14), Warehousing.
[b]
Staging spaces: two twelve-foot-by-seventy-five-foot truck staging spaces for every one loading dock. A minimum of 5% of required truck staging spaces shall be reserved for outbound trucks which are required to layover or rest due to hours of service regulations. Such spaces must be accessible during and after the facility's operating hours as necessary.
[c]
Loading spaces: One twelve-foot-by-seventy-five-foot truck loading space for every one loading dock.
[d]
Loading docks: The minimum number of loading docks shall be determined using the following calculation:
[i]
Number of trucks per hour (at the peak hour of the use) x turnaround time per truck (in hours) = number of required docks.
[ii]
The number of docks determined by the above formula shall be rounded up to the next whole number.
[iii]
By way of example: 17 trucks are required to be serviced during the peak hour of the use, each requiring 45 minutes (0.75 hours) to service. This equates to 17 trucks per hour x 0.75 hours per truck = 12.75 docks required, rounded up to 13 docks. In the event that a particular tenant has not been identified for the facility, a minimum of one loading dock shall be provided per 5,000 square feet of building gross floor area.
[8]
The use shall provide designated snow storage areas of sufficient size and at appropriate locations on the site. Snow storage areas shall not include any areas necessary to meet minimum parking, staging, or loading space requirements.
[9]
Driveways and internal drive aisles shall be designed with adequate widths and turning radii to allow tractor trailers to complete turning maneuvers while remaining within their designated travel lanes. Turning templates shall be provided for all anticipated vehicle types and routes.
[10]
Truck drivers shall be instructed as to the acceptable travel routes (relative to the class of vehicle) between the facility and the nearest arterial roads by way of on-site and off-site signage and other appropriate means as necessary.
[11]
An exterior access stair tower shall be provided to allow public safety personnel direct emergency access to the roof of the building from the ground level. Steps, guide rails, handrails, brackets, gates, and other components shall meet or exceed applicable Uniform Construction Code and Occupational Safety and Health Administration (OSHA) standards. The final location and specifications for the exterior access stair tower shall be subject to review and approval by the Emergency Services Coordinator and/or Fire Marshall.
[12]
Commercial Knox-Boxes® are required to provide public safety personnel access to any secured areas of the site, the principal building structure, and any accessory structures. The final location(s) and specifications for Knox-Boxes® shall be subject to review and approval by the Emergency Services Coordinator and/or Fire Marshall.
[13]
When submitting a conditional use application, the applicant shall provide a written Narrative, and additional supporting information, documentation, studies, and reports as necessary or required below, containing detailed descriptions of the proposed use and substantive evidence demonstrating consistency of the proposed use relative to each of the following topics:
[a]
The nature of all activities and operations to be conducted on the site, the types of materials to be stored, the duration of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with applicable state and federal regulations.
[b]
Hours of operation and the times and frequency of deliveries, distributions and/or restocking.
[c]
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, and the total number of employees on each shift.
[d]
Consistency of the proposed use with each of the general standards for a conditional use as set forth in § 300-24C(1).
[e]
Consistency of the proposed use with the general performance standards set forth in § 300-30 relative to any environmental or other impacts (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) that are likely to result from the use and any specific measures to be employed to mitigate or eliminate any such negative impacts.
[f]
The applicant shall submit a current Pennsylvania Department of Conservation and Natural Resources PNDI environmental review receipt for the project and additional evidence as necessary to demonstrate that no endangered species will be negatively impacted by the proposed development.
[g]
The applicant shall submit a traffic study as required elsewhere herein.
[h]
Adequacy of the number, size, and location of loading and staging spaces provided for trucks to accommodate the expected demand generated by the use, including both preloading and post-loading activities.
[i]
Adequacy of off-street staging spaces available for tractor trailers arriving during non-business hours to prevent vehicles from parking on public streets while waiting to access the facility.
[j]
Adequacy of off-street staging spaces available at facility entrances to prevent vehicles from queueing on public streets while waiting to access the facility.
[k]
The applicant shall submit a truck routing map identifying anticipated routes to and from the proposed facility to the Township boundary, consistent with truck routing signage and trip distribution data presented in the traffic study as required elsewhere herein.
(e)
Facility amenities.
[1]
Each and every building containing this use shall provide amenities for the truck drivers/operators of the vehicles using the facility in addition to any similar amenities provided to on-site employees. The following provisions shall apply:
[a]
The amenities shall include, at a minimum, a suitable lounge for drivers/operators sized to accommodate six lounge seats and one four-person table, with restroom facilities, and dispensing machines or other facilities to provide food and beverages.
[b]
At least one additional amenity (i.e., showers, sleeping areas, entertainment area, etc.) shall be provided for every thirty-truck loading/unloading docks/doorways of the use. The size/quantity of each such amenity shall be appropriate and proportionate to the number of loading/unloading docks/doorways of the use.
[c]
At least one twelve-foot-by-seventy-five-foot truck parking space shall be provided per each required lounge seat of the amenity. Such parking spaces shall be provided in close proximity to the amenity and in a suitable, safe, and separately defined location.
[d]
Electrical outlets shall be provided for use by drivers/operators at each amenity parking space.
[e]
Appropriate signage shall be provided directing trucks to park in the designated amenity parking spaces while awaiting access to a loading/unloading dock/doorway, unless all such spaces are already occupied.
[f]
Appropriate signage shall be provided prohibiting idling of trucks parked in amenity parking spaces unless required for safety or weather-related reasons.
[g]
Mechanical scraper systems shall be installed at each truck exit drive for the purpose of removing snow, slush and ice from trailer and truck rooftops. During winter months, all trucks must pass under these mechanical scrapers prior to exiting the warehouse facility.
(15)
G-15, lawful use not otherwise permitted. This section is intended to provide, by special exception, for any lawful use which is required to be permitted by the Pennsylvania Municipalities Planning Code[3] and which is not otherwise permitted in other use categories described in this section. Lawful use not otherwise permitted shall be subject to the following regulations in addition to the regulations found in Articles V and VI hereof:
(a)
The use must comply with the front, rear and side yards, minimum lot area, maximum building height and impervious cover requirements of the district in which the use is proposed.
(b)
The applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection or any other commonwealth or federal governmental agency which regulates such use.
(c)
A buffer area shall be established in accordance with the conditions imposed upon the granting of special exception approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with § 300-29L of this chapter and shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use including, but not limited to noise, dust, vibration, odor, illumination, visual effects and the like.
(d)
In addition, special exception approval will only be granted by the Zoning Hearing Board after it has determined that the granting of such will not result in threats to public safety or extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(16)
G-16, medical marijuana grower/processor.
(a)
Grower processor facility which grows medical marijuana must be owned and operated by a grower/processor legally registered with the commonwealth and possess a current and valid medical marijuana permit from DOH pursuant to the Act.
(b)
A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.
(d)
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
(e)
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH Policy and shall not be placed within any unsecure exterior refuse containers.
(f)
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
(g)
Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
(h)
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(j)
A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.
(k)
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
[1]
All accesses must secure the appropriate highway occupancy permit (state and Township).
(l)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(m)
The grower/processor facility shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the provisions of the Township of Moore ordinances.
(n)
Any and all other provisions contained in the Act affecting the construction, use and operation of a grower/processor facility.
(17)
G-17, medical marijuana transport vehicle service.
(a)
A traffic impact study in accordance with Chapter 260, Subdivision and Land Development, and zoning regulations is required where the office is operated.
(c)
All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district.
(e)
Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
[1]
All accesses must secure the appropriate highway occupancy permit (state, and Township).
(f)
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.
(g)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(h)
The medical marijuana delivery vehicle office shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the Township of Moore ordinances.
(i)
Any and all other provisions contained in the Act affecting the construction, use and operation of a medical marijuana delivery vehicle office.
H.
Accessory uses.
(1)
H-1, agricultural accessory buildings. Accessory buildings used for agricultural purposes on a lot with the principal use of agriculture shall not be limited as to size or height.
(2)
H-2, agricultural/animal husbandry fences. Fences used to confine animals may be located in front, side and rear yards, but shall be at least one foot from any lot line and shall not obstruct sight visibility requirements of § 300-29K.
(3)
H-3, commercial or industrial accessory buildings.
(4)
H-4, commercial or industrial outdoor storage and display.
(a)
Location. Outside storage or display shall not occupy any part of the street right-of-way and no other area intended or designed for pedestrian use, no required parking areas and no part of the required front, side or rear yard setback.
(b)
Size. Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage. Uses requiring more land area for storage or display may apply for a special exception by the Zoning Hearing Board. In no case shall more than 25% of the lot area be used in outdoor storage or display.
(c)
Shielded from view. Outside storage areas shall be shielded from view from the public streets.
(6)
H-6, home gardening, nurseries and greenhouses.
(a)
No outdoor storage of equipment shall be permitted.
(7)
H-7, general home occupation. This use shall include, but is not limited to, such home occupations as offices for the professional practice of architecture, accounting, law, engineering, clergy and teaching, and including such subprofessional occupations as retailing products, such as greeting cards, cosmetics, household wares, vitamins, antiques and the like, typing services, home crafts and small item repair shops, not including vehicular repair, provided:
(a)
Permitted as a special exception.
(b)
The home occupation or accessory office shall not constitute a possible nuisance to neighbors because of noise levels, odors, significantly increased traffic, extra lights and or night activity, the production or storage of hazardous products and by-products, or the keeping of dangerous animals.
(c)
The home occupation or accessory office shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto.
(d)
There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs in Article VII.
(e)
There shall be no exterior storage of materials.
(f)
No article shall be sold or offered for sale except such as may be produced, repaired, refinished or assembled on the premises.
(g)
Servicing by commercial vehicles for supplies and/or materials shall not be permitted at a frequency greater than twice a week.
(h)
The home occupation or accessory office shall be carried on only by inhabitants of the principal dwelling and not more than one additional employee.
(i)
The total floor area of a premises devoted to any and all home occupations and/or accessory offices on that premises shall not be more than an amount equal to 25% of the ground floor area of the principal residential structure, or 400 square feet, whichever is less.
(j)
This use shall not include the following: veterinary practice; animal hospital; barbershop and/or beauty parlor; commercial stable and/or kennel; funeral parlor and/or undertaking establishment; tourist home; restaurant; rooming house, boardinghouse and/or lodging house; and medical, psychology and/or dental office, clinic and/or hospital.
(8)
H-8, keeping animals or fowl.
(a)
Number. No more than six customary household pets or domestic animals (e.g., dogs, cats, canaries, etc.) and no more than 14 fowl (e.g., chickens, turkeys, etc.) may be kept.
(b)
Four or more adult dogs shall constitute a kennel.
(c)
Commercial use. Commercial breeding or use of these pets shall not be permitted under this use.
(d)
Large animals and fowl. Large animals (such as cattle, horses, goats and pigs) and fowl (such as chickens and turkeys) shall be stabled or housed in buildings at least 100 feet from any lot line. Large grazing animals may be kept only on lots 1 1/2 acres per animal in size.
(9)
H-9, noncommercial swimming pool. A noncommercial swimming pool designated to contain a water depth of 24 inches or more shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
(a)
Permit. A zoning permit shall be required to locate, construct or maintain a noncommercial swimming pool.
(b)
Location. Such pool may be permitted in a rear or side yard, but in no case shall an aboveground or in-ground pool be located within 15 feet of a side or rear lot line or under any electrical lines or over any on-lot sewage disposal field or system.
(c)
Fence. Every in-ground noncommercial swimming pool shall be entirely enclosed with a good quality chain-link or wooden or other equivalent fence of not less than four feet in height. Aboveground pools on any lot shall not require a fence.
(d)
Access. A means of egress and a removable means of ingress shall be provided.
(e)
Water. If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.
(f)
Noise. No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property or lot where such pool is located.
(g)
Lighting. No lighting or spotlight shall be permitted which will shine directly upon or beyond the bounds of the property or lot where such pool is located.
(10)
H-10, no-impact home-based business. This use is limited to a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(i)
A no-impact home-based business is not permitted where prohibited by a deed restriction, covenant or agreement restricting the use of land, master deed, bylaw or other document applicable to a common interest ownership community.
(11)
H-11, recreation vehicle. All recreation vehicles or recreation units shall be stored on a lot in the rear or side of the principal building, in a garage or in a roofed structure. In no case shall a recreation vehicle or unit be located within five feet of the side yard line or 10 feet of a rear yard line. In addition, the following shall apply to the use and storage of a recreation vehicle:
(12)
H-12, residential accessory buildings.
(a)
No residential accessory building located on a lot consisting of 87,120 square feet or less shall be larger than 1,500 square feet of ground coverage nor higher than 20 feet.
(b)
No residential accessory building located on a lot of 87,121 square feet to 130,679 square feet shall be larger than 1,800 square feet of ground coverage nor higher than 20 feet.
(c)
No residential accessory building located on a lot consisting of 130,680 square feet or more shall be larger than 2,000 square feet of ground coverage nor higher than 20 feet.
(d)
Removable elder cottage housing units may be permitted by special permit if all the requirements of Appendix A of this chapter are met.[4]
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
(e)
Residential accessory buildings may only be constructed in side and rear yards; see also definition of "yard."
(f)
The impervious surface requirements of the district in which the use is located must be met and shall be calculated, including the accessory structures.
(13)
H-13, agricultural accessory uses (except H-18 use). The purpose of these regulations is to encourage the continuation of farming and the preservation of farmland by allowing working farmers to market their products and services directly to the public as an accessory use and in a manner that is compatible with the character of the Township. All agricultural accessory uses shall only be permitted so long as the principal use remains in agriculture.
(a)
Roadside stands for the sale of agricultural products grown on site. Agricultural products grown by the residents of the property may be sold at a roadside stand on the property. Each roadside stand shall sell only products grown by the residents of the property on which the stand is located. Each roadside stand must exceed a maximum size of 400 square feet and must also provide, to the Township's satisfaction, a safe means of egress and ingress from a public street as well as sufficient off-street parking to accommodate customers. Said roadside stand need not be in the immediate proximity to a public roadway if the other standards herein set forth are met.
(b)
Agricultural sales of farm products. The sale of food, farm and/or agricultural products to the general public shall be permitted, subject to the following regulations:
[1]
The minimum lot area shall be 10 acres.
[2]
The maximum floor area for the retail agricultural sales shall be 3,000 square feet. The 3,000 square foot maximum shall not include areas used for traditional agricultural activities (not retail sales).
[3]
Floor area shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the calculation of maximum limits are display areas outside the building or structure as well as inside floor area for storage and processing of products where the customer is completely restricted from access.
[4]
Farm products shall be limited to plant material, crops harvested from plants, dairy products, poultry products, meat products, and such things as honey, preserves and jellies made from fruit or vegetable products. Baked goods and related specialty food items made with farm products may also be sold. Sales of associated incidental items shall be permitted provided they do not constitute more than 25% of annual sales volume in dollars. There shall be no sale of tobacco products, newspapers, magazines, or other sundries.
[5]
No less than four off-street parking spaces shall be provided behind the legal right-of-way and on the same side of the street as the stand or building conducting the use. Parking spaces need not be permanently paved, but must be improved with a material approved by the municipal engineer and appropriately marked.
(c)
Agricultural entertainment uses. The use of a farm for seasonal festivals related to products grown on the farm, craft fairs (including antique shows), municipally sponsored events, hayrides, and horse shows.
[1]
All agricultural entertainment uses shall meet the requirements for water supply, sewage disposal and rest room facilities of Northampton County Human Services and any other agency with jurisdiction.
[2]
The agricultural entertainment use is permitted as an accessory use only. If any of the conditions to which the agricultural principal use is subject cease to be met, then the agricultural entertainment use shall also cease.
[3]
Minimum lot area required: 10 contiguous acres.
[4]
The following types of activities shall not be considered agricultural entertainment uses: mechanical rides or amusements (except for rides on farm equipment); flea markets except as may be permitted in accordance with this chapter.
[5]
Off-street parking areas shall be provided in designated areas to accommodate all attendees at any agricultural entertainment use.
[6]
Lighting may be used for agricultural entertainment uses for the duration of the event only, and may not shine or produce glare on adjacent properties.
(14)
H-14, solar energy system. Solar energy systems shall be installed for individual use by the owner of the property. No solar energy system shall deny solar access of adjacent lots. Further, a solar energy system shall have a rated capacity of less than or equal to 18 kilowatts or has a lot coverage collector area of less than or equal to 1,000 square feet and is intended to reduce and/or supplement on-site consumption of utility power.
(a) SOLAR ENERGY SOLAR ENERGY SYSTEM
Definitions. As used within this section, the following terms shall have the meanings given them below:
Radiant energy (direct, diffuse, and reflected) received from the sun.
Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity.
(b)
Solar energy systems shall be allowed in any zoning district and may be installed upon receipt of the necessary construction, electrical and/or mechanical permit(s). This applies to solar energy systems to be installed and constructed for residential or commercial use.
(c)
Design and installation.
[1]
To the extent applicable, the solar energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry.
[2]
The design of the solar energy system shall conform to applicable industry standards.
(d)
Setbacks and height restrictions.
[1]
A solar energy system must comply with all setback and height requirements for the zoning district where the solar energy system is to be installed.
[2]
All exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit.
[3]
A ground-mounted solar energy system must comply with the accessory structure restrictions contained in the zoning district where the ground-mounted solar energy system is located.
(15)
H-15, temporary building, structure or use. A temporary permit may be issued by the Zoning Officer for buildings, structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:
(16)
H-16, tennis court.
(a)
A tennis court shall be located in either a rear or side yard and shall not be closer to a property line than 20 feet. Tennis court fences shall be permitted, but they shall not be closer than 10 feet to a property line.
(b)
No lighting shall shine directly beyond a boundary of the lot where the tennis court is located.
(17)
H-17, windmill.
(a) APPLICANT FACILITY OWNER HUB HEIGHT NONPARTICIPATING LANDOWNER OCCUPIED BUILDING OPERATOR TURBINE HEIGHT WIND ENERGY FACILITY WIND TURBINE
Definitions. As used within this section, the following terms shall have the meanings given them below:
The person or entity filing an application under this chapter.
The entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.
The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
Any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
A residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
The entity responsible for the day-to-day operation and maintenance of the wind energy facility.
The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane (blade).
An electric generating facility whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
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.
(b)
Applicability.
[1]
This chapter applies to all wind energy facilities proposed to be constructed after the effective date of this chapter.
[2]
A wind energy facility constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter, provided that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a permit under this chapter.
(c)
Permit requirement.
[1]
No wind energy facility, or addition of a wind turbine to an existing wind energy facility shall be constructed or located within Moore Township unless a permit has been issued to the facility owner or operator approving construction of the facility under this chapter.
[2]
The permit application or amended permit application shall be accompanied with a fee as set annually by resolution.
[3]
Any physical modification to an existing and permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a permit modification under this chapter. Like-kind replacements shall not require a permit modification.
(d)
Permit application.
[1]
The permit application shall demonstrate that the proposed wind energy facility will comply with this chapter.
[2]
Among other things, the application shall contain the following:
[a]
A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; 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.
[b]
An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.
[c]
Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.
[d]
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 facility 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.
[e]
Documents related to decommissioning including a schedule for decommissioning.
[f]
Other relevant studies, reports, certifications and approvals as may be reasonable requested by Moore Township to ensure compliance with this chapter.
[3]
Within 30 days after receipt of a permit application, Moore Township will determine whether the application is complete and advise the applicant accordingly.
[4]
Within 30 days of the completeness determination, the Moore Township Zoning Officer will make a decision whether to issue or deny the permit application.
[5]
Throughout the permit process, the applicant shall promptly notify Moore Township of any changes to the information contained in the permit application.
[6]
Changes to pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.
(e)
Design and installation.
[1]
Design safety. The design of the wind energy facility shall conform and comply with all manufacturer's specifications and any and all applicable industry standards.
[2]
To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry.
[4]
All wind energy facilities shall be equipped with an overspeed control system in accordance with the manufacturer's specifications.
[5]
All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. The facility shall have an output limit of 50 kW.
[6]
Visual appearance; power lines.
[a]
Wind turbines shall be a nonobtrusive color, such as white, off-white or gray.
[b]
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
[c]
Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner or operator.
[d]
On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground and in accordance with applicable IRC Codes.
[7]
Warnings.
[a]
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
[b]
Visible, reflective, colored objects such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(f)
Setbacks.
[1]
All wind turbines shall be set back from the nearest property line a distance of not less than the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
[2]
All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
(g)
Waiver of setback. At the request of the applicant, the Zoning Hearing Board may grant variances from this chapter where it has been determined by the Zoning Hearing Board that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, and provided that such waiver will not be contrary to the public interest.
(h)
Local emergency services. Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.
(i)
Noise and shadow flicker.
[1]
Audible sounds from a wind energy facility shall not exceed 50 dBA, as measured from the setback line (front, side or rear) of a contiguous neighboring property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.
[2]
The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
(j)
Waiver of noise and shadow flicker provisions.
[1]
At the request of the applicant, the Zoning Hearing Board may grant partial variances of the noise and shadow flicker requirements of this chapter where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, and provided that such waiver will not be contrary to the public interest.
[2]
The applicant shall submit a signed notarized document from the property owner(s) that they are in agreement with the applicant's request for a waiver of the noise and shadow flicker requirements of this chapter. This document shall stipulate that the property owner(s) know of the sound or flicker limits in this chapter, describes the impact on the property owner(s), and states that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this chapter.
[3]
Any such waiver shall be recorded in the Recorder of Deeds Office of the County where the property is located. The waiver shall describe the properties benefited and burdened, and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.
(k)
Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, television or similar signals, and shall mitigate any harm caused by the wind energy facility.
(l)
Decommissioning.
[1]
The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The Wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
[2]
Decommissioning shall include removal of wind turbines, buildings, cabling and electrical components.
[3]
The Township Engineer shall review and approve a cost estimate provided by the applicant, which cost estimate shall establish the total cost of decommissioning (decommissioning costs) without regard to salvage value of the equipment. Said estimates shall be submitted to Moore Township after the first year of operation and every fifth year thereafter.
[4]
The facility owner or operator shall post and maintain a decommissioning fund (escrow account) in an amount equal to the net decommissioning cost with the Township. Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to Moore Township.
[5]
If the facility owner or operator fails to complete decommissioning as set forth herein, then the landowner shall have six months to remove the wind energy facility.
[6]
If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed, then Moore Township may take such measures as necessary to complete decommissioning. Moore Township is authorized to use the decommissioning funds held in escrow by the Township to complete the decommissioning process.
[7]
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.
(m)
Public inquiries and complaints. The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact, said information shall be placed directly on the wind turbine.
(18)
H-18, public and retail use accessory to a vineyard or winery. The public and retail use accessory to a vineyard or winery for the commercial purpose of retail sales and tasting facilities for wine and related promotional items. Public and retail use accessory to a vineyard or winery shall comply with the following conditions:
(a)
At least one acre of the lot on which the public and retail use accessory to a vineyard or winery is located shall be planted with wine-producing crops by the operator of this accessory use. The public and retail use accessory to a vineyard or winery shall only be permitted as an accessory use to the principal use of the property as a vineyard or winery.
(b)
For a public and retail use accessory to a vineyard or winery with 10 or more acres, the maximum floor area of a building which may be devoted to serving the customers shall be 3,000 square feet. Floor area devoted to serving the customer shall include any area for customer access and circulation, for the display of products, including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the area devoted to serving the customer would include display area outside the building or structure as well as inside floor area for storage and processing of wine where customer access is restricted, except for instructional tours related to the wine making process.
(c)
A public and retail use accessory to a vineyard or winery may provide for the sale of wine and related products, wine tasting, and instruction related to the wine making process.
(d)
The use of the space within or outside of the public and retail use accessory to a vineyard or winery for special events such as parties or receptions is permitted in accordance with the following standards. E-4 restaurant uses are not permitted.
[1]
Use of the public and retail use accessory to a vineyard or winery for special events shall be an accessory use to the vineyard and winery use.
[2]
In order to hold special events other than educational seminars, workshops or meetings with 50 or more attendees, a public and retail use accessory to a vineyard or winery must contain a minimum of 10 contiguous acres.
[3]
Special events are limited to the following:
[a]
Educational seminars, workshops, meetings and other events are permitted provided they are held indoors. The term "indoors" does not include events held under tents or other temporary structures. The maximum allowed attendance will be in accordance with the Fire Marshal's maximum occupancy requirements.
[b]
Outdoor events, including those held under tents or other temporary structures are permitted. There shall be no more than 24 outdoor events in any calendar year.
[c]
All special events, whether indoor or outdoor, shall end no later than 10:00 p.m.
[4]
Amplified music is permitted pursuant to the Township's noise ordinance.
[5]
Parking shall be provided in designated areas.
[6]
Lighting may be used for special events for the duration of the event only and may not shine or produce glare on adjacent properties.
(e)
Not more than one building for retail sales shall be permitted on any tract, parcel or property being used as a public and retail use accessory to a vineyard or winery.
§ 300-23 Special exception uses.
A.
Purpose. Before any zoning permit is granted for the use of land or a building for a special exception use, a development plan shall be reviewed by the Planning Commission and approved by the Zoning Hearing Board. This procedure is provided because of the considerable impact that these land uses tend to have on a community.
B.
Procedure.
(1)
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Zoning Hearing Board is obtained.
(2)
All applicants for a special exception use shall submit three sets of development plans to the Zoning Hearing Board when making application for a zoning permit.
(4)
The Zoning Hearing Board shall forward one copy of the development plan to the Zoning Officer and one copy to the Planning Commission within seven days of receiving the submission.
(5)
The Zoning Officer shall, within 30 days of receiving the development plan, submit his written report to the Zoning Hearing Board.
(6)
The Planning Commission shall review and submit a recommendation to the Zoning Hearing Board within 30 days of receipt of the development plan. The absence of action on the part of the Planning Commission within the specified time shall constitute approval by the Commission of the site plan, and the Board shall proceed on its review on the basis of such approval.
C.
Approval of special exception uses.
(1)
The Zoning Hearing Board shall approve any proposed special exception use if it finds adequate evidence that any proposed use will meet:
(2)
In granting a special exception, the Board may require such reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of this chapter.
D.
General standards. All special exception uses shall comply with the following general standards:
(1)
Be in accordance with the Township Comprehensive Plan and consistent with the spirit, purposes and intent of this chapter.
(2)
Be in the best interests of the Township, the convenience of the community and the public welfare and shall not be detrimental to property in the immediate vicinity.
(3)
Be suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
(4)
Be in conformance with all applicable requirements of this chapter.
(5)
Be suitable in terms of permitting the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools.
(6)
Be suitable in terms of effects on street traffic and safety, with vehicular access arrangements to protect major streets from undue congestion and hazard.
§ 300-24 Conditional uses.
A.
Purpose. Before any zoning permit is granted for the use of land or a building for a conditional use, a development plan shall be reviewed by the Planning Commission and approved by the Township Supervisors. This procedure is provided because of the considerable impact that these land uses tend to have on a community.
B.
Procedure.
(1)
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Township Supervisors is obtained.
(2)
All applicants for a conditional use shall submit three sets of development plans to the Board of Supervisors when making application for a zoning permit.
(4)
The Board of Supervisors shall forward one copy of the development plan to the Zoning Officer and one copy to the Planning Commission within seven days of receiving the submission.
(5)
The Zoning Officer shall, within 30 days of receiving the development plan, submit his written report to the Board of Supervisors.
(6)
The Planning Commission shall, within 45 days of receipt of the development plan, review it and submit a recommendation to the Township Supervisors. The absence of action on the part of the Planning Commission within the specified time shall constitute approval of the development plan and the Township Supervisors shall proceed on its review on the basis of such approval.
(7)
The Board of Supervisors shall convene a public hearing pursuant to public notice to consider the conditional use application. The Board of Supervisors shall make a decision regarding the conditional use application based on the express standards and criteria set forth in this chapter. The Board of Supervisors shall consider the reports issued by the Zoning Officer and the Planning Commission. The Board of Supervisors, in granting a conditional use, may attach such reasonable conditions and safeguards, in addition to those contained in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(8)
If disapproved, the reasons for disapproval shall be clearly stated on one copy of the submission and returned to the applicant.
C.
General standards.
(1)
All conditional uses shall comply with the following general standards:
(a)
Be in accordance with the Township Comprehensive Plan and consistent with the spirit, purposes and intent of this chapter.
(b)
Be in the best interests of the Township, the convenience of the community and the public welfare and shall not be detrimental to property in the immediate vicinity.
(c)
Be suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
(d)
Be in conformance with all applicable requirements of this chapter.
(e)
Be suitable in terms of permitting the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools.
(f)
Be suitable in terms of effects on street traffic and safety, with vehicular access arrangements to protect major streets from undue congestion and hazard.
(2)
The Township Supervisors may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will substantially secure the objectives of this chapter.
§ 300-25 Accessory uses.
A.
In general. All accessory buildings, structures and uses on the same lot and customarily incidental to a permitted principal use are permitted by right, subject to the requirements of this chapter.
B.
General yard requirements. No accessory building, structure or use shall occupy a front yard, side yard or rear yard for any applicable district except as specifically permitted in this section or elsewhere in this chapter.
(1)
Access driveways crossing the front property line shall be allowed in the front yard.
(2)
Residential driveways and residential off-street parking areas shall be allowed in side and rear yards, but no closer to a property line than five feet or a buffer yard dimension (if required), whichever is more restrictive.
(3)
Residential and agricultural lampposts and walkways and mailboxes shall be allowed in front yards.
(4)
Residential fences and walls six feet or less in height shall be allowed within front, side and rear yards, but no closer than one foot to a property line, easement line or right-of-way.
(5)
Residential accessory buildings less than 12 feet by 20 feet in size and less than 15 feet high shall be allowed within side and rear yards, but no closer than five feet to a property line (e.g., storage shed).
(6)
Nonresidential and nonagricultural land uses. Off-street parking accessory signs, mailboxes, sight lighting, walkways, fire hydrants and other similar miscellaneous structures may be allowed in front yards, side yards and rear yards, subject to the following conditions:
(b)
Buffer yard requirements are met, if applicable.
(c)
The proposed structure does not encroach into a proposed public road right-of-way.
(d)
The special off-street parking lot requirement for separation from public roads is met.
(e)
The structure is at least five feet from the side lot line and 10 feet from the rear lot line.
(f)
The structure is approved by the Township as part of a site plan or land development plan approval.