Newlin Township City Zoning Code
ARTICLE VI
Supplemental Regulations
§ 240-34 Purpose.
The provisions of this article shall apply to all land uses, developments and structures in Newlin Township, regardless of district, and shall be considered to be additional conditions or restrictions to any other provisions of this chapter. To the extent anything contained in this article conflicts with any other provision of this chapter, the most stringent and restrictive provision shall apply.
§ 240-35 Access to buildings.
All buildings shall be situated on a lot adjacent to a public right-of-way, or with suitable access to an improved private access road, and all buildings shall be so located as to allow safe access by emergency vehicles.
§ 240-36 Accessory dwelling unit on lots with two or more acres.
[Amended 3-20-2017 by Ord. No. 2017-01]
Accessory dwelling units shall be permitted on lots with two or more acres subject to the following conditions:
A.
The ADU shall be located within the principal dwelling unit or an existing or new structure or outbuilding (such as barns, stables, carriage houses, and garages).
C.
Maximum square footage of any ADU:
(1)
40% of the total heated living space in the principal use to which the unit is accessory, not to exceed 2,500 square feet.
(2)
However, an existing historic resource/structure that exceeds the maximum square footage limit may be converted and used as an ADU, provided that the only expansion is for accessibility or life safety purposes (such as a fire escape). In addition, such historic resource is not required, for any existing portions of the building, to meet dimensional setback requirements of this chapter.
D.
An applicant for a building permit for an accessory dwelling unit (including a permit to convert an existing dwelling by adding an accessory dwelling within the existing dwelling unit) shall present, with a building permit application, a permit from the Chester County Health Department indicating that there are sufficient sewage disposal facilities for the additional dwelling unit and that the existing domestic water supply facilities are adequate to serve both the principal and accessory dwelling unit. The applicant must also present a restrictive covenant in recordable form which can be recorded against the property to prohibit future enlargement of the ADU or creation of additional ADUs beyond the limits, regarding size and number, allowed in this chapter.
E.
The ADU shall not be permitted to have an additional accessory building, such as a garage, unless such building is preexisting.
F.
For ADUs in new structures, and for expansions of existing structures, all yard setback requirements shall be the same as for the new principal structures.
G.
The owner of the lot shall live in the principal dwelling or in the accessory dwelling unit on a permanent basis.
H.
Not less than one off-street parking space shall be provided for the ADU in addition to the spaces required by Article IX of this chapter for the principal dwelling. No additional front yard areas shall be used for parking.
I.
The ADU shall not be subdivided from the parent tract.
§ 240-37 Accessory structures.
The following regulations shall apply to all detached nonagricultural structures unless such structures are constructed as part of a development approved under the provisions of Article III or § 240-36 of this chapter:
A.
Detached garages.
(1)
Maximum capacity is three vehicles.
(2)
Maximum height is 20 feet.
(3)
Temporary structures are not permitted.
(4)
No garage shall be within 10 feet of all property lines and shall not be placed in any required front yard
(5)
No dwelling shall be located within any garage, except as permitted in this chapter.
B.
Sheds and other accessory structures.
(1)
Maximum height is 10 feet.
(2)
Minimum distance between buildings and/or other structures shall be 10 feet.
(3)
No structure shall be located within any required yard.
(4)
No dwelling shall be permitted within any accessory structure.
(5)
Accessory structures shall not occupy more than 25% of any yard.
§ 240-38 Airport District Overlay.
A.
Purposes. The purposes of this section are to create an Airport District Overlay that:
(1)
Considers safety issues around the G.O. Carlson Airport.
(2)
Regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones.
(3)
Creates the permitting process for use within said zones and provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.
B.
Relation to other Zoning Districts. The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
C. AIRPORT ELEVATION AIRPORT HAZARD AIRPORT HAZARD AREA APPROACH SURFACE (ZONE)
CONICAL SURFACE (ZONE) DEPARTMENT FAA HEIGHT HORIZONTAL SURFACE (ZONE) LARGER THAN UTILITY RUNWAY NONPRECISION INSTRUMENT RUNWAY NONCONFORMING USE OBSTRUCTION PRECISION INSTRUMENT RUNWAY PRIMARY SURFACE (ZONE) RUNWAY STRUCTURE TRANSITIONAL SURFACE (ZONE) TREE UTILITY RUNWAY VISUAL RUNWAY
Definitions. The following words and phrases, when used in this chapter, shall have the meanings given to them in this section unless the context clearly indicates otherwise.
The highest point of an airport's usable landing area measured in feet above sea level. The airport elevation of the G O. Carlson Airport is 660 feet MSL.
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this chapter and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1, is derived from the approach surface.
 Figure 1. |
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1, is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the height limits in all zones set forth in this article and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1, is derived from the horizontal surface.
A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 1, is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Figure 1, is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.
A runway intended solely for the operation of aircraft using visual approach procedures.
[1]
Editor's Note: Act 1984-164 is the Aviation Code, 74 Pa.C.S.A. § 5101 et seq.
D.
Establishment of airport zones. There are hereby created and established certain zones within this section, defined in § 240-38C and depicted on Figure 1, and illustrated on the Chester County G.O. Carlson Airport Surface Area Map, included in the appendix[2] and hereby adopted as part of this chapter, which include:
(1)
Approach Surface Zone.
(2)
Conical Surface Zone.
(3)
Horizontal Surface Zone.
(4)
Primary Surface Zone.
(5)
Transitional Surface Zone.
[2]
Editor's Note: The Airport Map is included as an attachment to this chapter and on file in the Township office.
E.
Permit applications. As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first apply to the Federal Aviation Administration (FAA) for review and clearance approval, providing the Township with documentation in compliance with 14 CFR Part 77 Subpart B (FAA Form 7460-1, as amended or replaced); and shall notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. However, any person who plans to erect said structure or object of a height less than or equal to 35 feet shall be exempt from the requirements of this chapter, § 240-38. The FAA clearance approval and the Department's BOA response must be included with this permit application for it to be considered complete. If the FAA issues a clearance approval and if the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay Ordinance. If the FAA does not issue a clearance approval or if the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 240-38F. No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
F.
Variance. Any request for a variance shall include documentation in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 240-38I, Obstruction marking and lighting.
(3)
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
(4)
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this § 240-38 of this Chapter 240, Zoning.
G.
Use restrictions. Notwithstanding any other provisions of this chapter, no use shall be made of land or water within the Airport District Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the G.O. Carlson Airport.
H.
Preexisting nonconforming uses. The regulations prescribed by this § 240-38 shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
I.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this § 240-38 may be conditioned according to the process described in § 240-38F to require the owner of the structure or object of natural growth in question to permit Newlin Township, at its own expense, or to require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
L.
Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this § 240-38 and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
M.
Severability. If any of the provisions of this § 240-38 or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this § 240-38 are declared to be severable.
§ 240-39 Animal shelters.
Animal shelters for domesticated animals owned by the occupant of a lot may be maintained for noncommercial purposes in any district, provided the shelter is suitably enclosed, yard setback requirements are maintained, and is no closer than 50 feet to any dwelling other than that of the occupant. The forgoing provision shall not apply to agricultural activities or typical dog houses.
§ 240-40 Bed-and-breakfast establishment (on lots not less than five acres).
Bed-and-breakfast establishments shall be permitted as accessory uses to single-family dwellings on lots not less than five acres, subject to the following provisions:
A.
Location within single-family dwellings. The bed-and-breakfast facility shall be permitted only within a single-family detached and owner-occupied dwelling or existing dwellings accessory thereto on the same property as the owner-occupied dwelling.
B.
Principal use not to change. At any time when a bed-and-breakfast facility is operated, the principal use of the property upon which it is operated shall remain that of a single-family dwelling.
C.
Maximum tenancy. The length of stay for any guest shall not exceed seven uninterrupted days.
D.
Meals. Meals that are served by the facility shall consist of breakfast only and shall be provided only for the guests of the establishment. The owner/operator of the facility shall comply with all federal, state and local requirements for the preparation, handling and serving of food as well as other applicable health and regulatory mandates.
E.
Amenities for the use of guests only. All amenities provided for guests, including, but not limited to, swimming pool, tennis courts and the like shall be limited to the sole use of the resident owner and the guests of the bed-and-breakfast facility.
F.
Guest register required. The resident owner shall maintain a guest register that shall contain the names, addresses and length of stays of all guests. The owner shall maintain this register for not less than three years.
G.
Compliance with other applicable regulations. All bed-and-breakfast facilities shall comply with all rules, regulations and requirements of the Chester County Health Department. Prior to the issuance of a use and occupancy permit for the facility, evidence shall be supplied to the Township certifying that the proposed bed-and-breakfast facility is in accordance with all rules and regulations of the Chester County Health Department.
H.
Smoke detectors required. Each bed-and-breakfast facility shall be equipped, at a minimum, with one smoke detector in each guest room, which does not rely on internal batteries, and one fire extinguisher per floor or sleeping area. All equipment shall be maintained in good operating conditions at all times.
I.
Parking. Not less than one on-site parking space shall be provided for each guest room and for each employee. Not less than two parking spaces shall be provided for the owners of the facility. No parking space shall be located within any required front yard. All parking spaces shall comply with all Township and state regulations. No on-street parking shall be permitted for any bed-and-breakfast facility.
J.
Sign. Not more than one sign shall be permitted for each bed-and-breakfast facility, not to exceed four square feet in area per side, and shall be set back not less than three feet from the roadway right-of-way upon which the facility fronts. The sign shall contain no information other than the identification of the premises as the named bed-and-breakfast facility.
K.
Permits required. The Zoning Officer is authorized to issue a permit for the bed-and-breakfast facility upon demonstrated compliance with all the requirements of this section and with all other applicable regulations. Permits shall be valid for a period of one year unless the permit is revoked due to a violation of any applicable condition or regulation, due to misrepresentation of facts made to the Township or other violation of the provisions of this section of other applicable regulation.
L.
Permit renewal process. Not less than 30 days prior to the expiration of the permit for the bed-and-breakfast, the operator shall make a request, in writing, for the renewal of the permit to allow the continuation of the facility. Upon such request, the Zoning Officer shall inspect the premises to determine compliance with the provisions of this section and all other applicable regulations, and shall renew the permit for one additional year. Upon the determination of the Zoning Officer that a violation exists or that the facility is not in compliance with the provisions of this section, the facility shall immediately cease operations and shall not resume until the violation is corrected as determined by the Zoning Officer, whereupon the Zoning Officer shall renew the permit for one additional year.
M.
Application fee. Application and renewal fees shall be as specified in the current Newlin Township fee schedule.
N.
Limitations on other uses. The provisions of this section are intended to apply to traditional bed-and-breakfast establishments and shall not be construed to permit any facility which provides any type of unassociated ancillary activities or functions. Specifically, but not inclusively, a bed-and-breakfast facility shall not be utilized for the provision of space or facilities for weddings, receptions, parties, and recreational or social functions.
§ 240-41 Building setback lines.
A.
Building setback lines. Building setback lines are established for all roadways, subject to the minimum setback requirements as shown in Table 7, except for developments designed according to the provisions of Option 1, 3 or 4 in Article III of this chapter. Setbacks shall be measured from the street right-of-way.
Table 7- Building Setback Lines | ||
|---|---|---|
Road | Functional Classification | Setback (feet) |
Apple Grove Road | Local access | 50 |
Beagle Road | Local access-unpaved | 50 |
Brandywine Creek Road | Local access | 50 |
Brandywine Drive | Local access | 50 |
Brandywine Creek Road (between Harvey's Bridge and Embreeville Road) | Local access | 50 |
Cannery Road | Local access | 50 |
Chestnut Hollow Lane | Local access | 50 |
Embreeville Road (PA 162) | Minor collector | 60 |
Garnet Lane | Local access | 50 |
Glenhall Road | Local access | 50 |
Green Valley Road | Local access | 50 |
Groundhog College Road | Local access-unpaved | 50 |
Harvey's Bridge Road | Local access | 50 |
Hilltop View Road | Local access-unpaved | 50 |
Indian Hanna Road | Local access-unpaved | 50 |
Kelsall Road | Local access-unpaved | 50 |
Laurel Road | Local access | 50 |
Lost Trail Road | Local access-unpaved | 50 |
Marlboro Road | Local access | 50 |
Marlboro Spring Road | Local access | 50 |
Oak School Road | Local access-unpaved | 50 |
Powell Road | Local access | 50 |
Stargazers Road | Local access | 50 |
Strasburg Road | Major collector | 60 |
Warpath Road | Local access | 50 |
Wawaset Road (PA 842) | Minor collector | 60 |
Wheatland Drive | Local access | 50 |
Youngs Road | Local access | 50 |
All other roads not listed | Local access | 50 |
B.
Yard reductions. A required front yard may be reduced to form a more consistent setback pattern in an area that is predominately developed, according to the following guidelines:
C.
Flag lots. A dwelling on a flag lot may be situated facing in any direction, provided that front, side and rear yards shall be provided as if the dwelling actually faces its front yard and the street, and provided that the dwelling is not less than 250 feet from any public right-of-way. Not more than one flag lot shall be created per parcel.
§ 240-42 Wireless communications facilities.
[Amended 9-9-2019 by Ord. No. 02-2019]
A. ANTENNA BASE STATION CO-LOCATION COMMUNICATIONS EQUIPMENT BUILDING DISTRIBUTED ANTENNA SYSTEMS (DAS) FCC MONOPOLE NONCOMMERCIAL ANTENNAS AND TOWERS NONTOWER WIRELESS COMMUNICATIONS FACILITIES (NONTOWER WCF) SMALL WIRELESS FACILITIES (SWF) SUBSTANTIALLY CHANGE OR SUBSTANTIAL CHANGE (WHERE RELATED TO WIRELESS COMMUNICATION FACILITIES)(1) (2) (a) (b) (c) (d) (e) (f) TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF) WIRELESS COMMUNICATIONS WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT) WIRELESS COMMUNICATIONS FACILITY, HEIGHT WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
Any structure or equipment at a fixed location that enables FCC licensed or authorized communications between user equipment and a communications network. Includes structures other than towers that support or house an antenna, transceiver, or other associated equipment that constitutes part of a base station at the time the relevant application is filed with the state or municipal authorities, even if the structure was not built for the sole or primary purpose of providing such support, but does not include structures that do not at that time support or house base station components. The term includes buildings, light poles, utility poles, water towers, etc., as well as DAS systems and small cells.
The mounting of one or more WCFs, including antennas, on an existing tower-based WCF or utility or light pole.
The building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communications facility is housed and covering an area on the ground not greater than 200 square feet.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
Federal Communications Commission.
A WCF or site which consists of a single pole wireless support structure, designed and erected on the ground or on top of a structure, to support antennae and connecting appurtenances.
A privately owned antenna or tower serving solely the same property upon which the antenna or tower is located, for the personal, amateur, noncommercial use of the owner of the property, and as an accessory use to such property, for example, ham radio, citizens band radio, or direct broadcast satellite dishes.
All wireless communications facilities (WCFs) that are not tower-based, including, but not limited to, data collection units, antennae and related equipment. Nontower WCF shall not include support structures for antennae and related equipment that is mounted to the ground or at ground-level. Other non-ground mounted examples can include, but not limited to, installation of a WCF on an existing utility pole, light pole, barn, church steeple, farm silo, water towers or other similar structures.
A type of wireless communication facility (WCF) as specifically defined by the Federal Communications Commission in Part 1 of Title 47 of the Code of Federal Regulations.
A modification to the physical dimensions of a tower or base station as measured from the dimensions of the tower or base station inclusive of any modifications approved prior to the passage of the Spectrum Act (effective February 22, 2012), if it meets any of the following criteria:
For tower-based WCFs outside of the public rights-of-way, it increases the height of the facility 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 tower-based WCFs inside the public rights-of-way, and for all base stations, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;
For tower-based WCFs outside of the public rights-of-way, it protrudes from the edge of the existing tower by more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;
For tower-based WCFs inside the public rights-of-way, and for all base stations, it protrudes from the edge of the existing tower, or wireless support structure, by more than six feet;
It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
It entails any excavation or deployment outside the current permitted area of the existing tower-based WCF or base station;
It would defeat the existing concealment elements of the tower or base station; or
It does not comply with conditions associated with the prior approval of construction or modification of the tower-based WCF or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding substantial change thresholds.
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers and monopoles. DAS hub facilities are considered to be tower-based WCFs.
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services. Not included are noncommercial antennas and towers (as defined).
Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public ROW or other Township owned land or property.
The vertical distance measured from the base of a wireless communications facility support structure at the undisturbed grade to the highest point of the structure. If the wireless communications facility support structure is on a sloped grade, the average between the highest and lowest grades shall be used in calculating the height.
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
B.
Purposes and intent.
(1)
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Township. While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
(2)
By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;
(b)
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and nontower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;
(f)
Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations; and
(g)
Promote the health, safety and welfare of the Township's residents.
C.
General and specific requirements for nontower WCF.
(1)
Regulations applicable to all nontower WCFs located within the Township.
(a)
Permitted in all zoning districts subject to regulations. Nontower WCFs are permitted in all zoning districts subject to the regulations and conditions prescribed below and subject to applicable permitting by the Township.
(b)
Nonconforming wireless support structures. Nontower WCFs shall be permitted to co-locate upon legally, nonconforming wireless support structures and other nonconforming structures. Co-location of a WCF upon an existing wireless support structure is encouraged even if the wireless support structure is nonconforming as to use within a zoning district.
(c)
Standard of care. Any nontower 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 National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(d)
Wind. All nontower 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 the Telecommunications Industry Association (ANSI/TIA-222-E, as amended).
(e)
Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(f)
Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g)
Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.
(h)
Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(i)
Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such decision. 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 Township's ninety-day review period.
[1]
Timing of approval for SWF. Within 10 calendar days of the date that an application for a nontower WCF that is also a SWF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. The Township shall have 10 days from the receipt of the additional information to issue a letter of completeness, or to request additional information as appropriate. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the sixty-day review period.
(j)
Insurance. Each person that owns or operates a nontower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WCF.
(k)
Indemnification. Each person that owns or operates a nontower WCF 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 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 nontower WCF. Each person that owns or operates a nontower WCF 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 a nontower 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.
(l)
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[1]
The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[3]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents in accordance with the requirements of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/TIA-222-E, as amended).
(m)
Reservation of rights. In accordance with applicable law and as set forth in more detail in subsequent design and development standards herein, the Township reserves the right to deny an application for the construction or placement of any nontower WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.
(n)
Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(2)
Regulations applicable to all nontower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached.
(a)
Permit required. WCF applicants proposing the modification of an existing wireless support structure shall obtain a zoning permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
(b)
Such nontower WCFs that do not substantially change the physical dimensions of the wireless support structure may be eligible for a sixty-day time frame for review. The applicant shall assert such eligibility, in writing, to the Township and provide documentation reasonably related to determining whether the application is eligible for the shortened review time frame, and, if warranted, such application shall be reviewed within the sixty-day time frame.
(c)
Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.
(d)
Permit fees. The Township may assess appropriate, fair and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF as set forth in fee schedules adopted by resolution by the Board of Supervisors.
(3)
Regulations applicable to all nontower WCF that do substantially change the wireless support structure to which they are attached.
(a)
Permit required. Any WCF applicant proposing the construction of a new nontower WCF, or the modification of an existing nontower WCF, shall first obtain a zoning permit from the Township. New construction and modifications shall be prohibited without a permit.
(b)
Prohibited on certain structures. Nontower WCFs greater than 10 feet in height shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.
(c)
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 nontower WCF, as well as related inspection, monitoring and related costs.
(4)
Regulations applicable to nontower WCF located outside the public rights-of-way that do substantially change the wireless support structure to which they are attached.
(a)
Development regulations. If feasible, nontower WCFs shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCFs, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district.
[2]
If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[3]
A security fence of not less than six feet and not more than eight feet in height shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(b)
Design regulations.
[1]
Nontower WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
[2]
Antennas, and their respective accompanying wireless support structure, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
[3]
Noncommercial usage exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the design regulations enumerated in this section.
(c)
Removal, replacement, modification.
[1]
The removal, replacement, or modification of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF may not increase the overall size of the WCF or the numbers of antennas.
[2]
Any material modification to a WCF shall require notice to be provided to the Township, and possible supplemental permit approval to the original permit or authorization.
(d)
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(5)
Regulations applicable to all nontower WCFs located in the public right-of-way.
(a)
Co-location. Nontower WCFs in the right-of-way shall be co-located on existing wireless support structures, such as existing utility poles or light poles. If such co-location is not technologically feasible, the WCF applicant shall locate its nontower WCFs on existing poles that do not already act as wireless support structures, with the Township's approval, subject to the required permitting by the Township and compliance with applicable regulations.
(b)
Design requirements.
[1]
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[2]
Antennas and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(c)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower 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.
(d)
Equipment location. Nontower WCFs and related 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:
[1]
In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.
[2]
Ground-mounted related 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.
[3]
Required electrical meter cabinets shall be screened to the satisfaction of the Township.
[4]
Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner within 10 business days of notice from the Township of the existence of the graffiti.
[5]
Any proposed underground vault related to nontower WCFs shall be reviewed and approved by the Township prior to installation.
(e)
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, determines that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement; or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for ROW use. In addition to required permit fees, every nontower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township.
D.
General and specific requirements for all tower-based WCF.
(1)
Regulations applicable to all tower-based WCF in the Township.
(a)
Standard of care. Tower-based WCFs shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Tower-based WCFs 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)
Conditional use authorization required. Tower-based WCFs are permitted by conditional use only in those zoning districts and along those roadways as designated in the subsequent provisions of Subsections D(2) and (3) and E. 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.
[1]
Prior to the Board's approval of a conditional use authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.
[2]
The conditional use 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.
[3]
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
[4]
Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
(c)
Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township, on behalf of the applicant, a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.
(d)
Visual appearance and land use compatibility. Tower-based WCFs shall employ stealth technology, which may include painting the tower portion silver or another color approved by the Board, or shall have a galvanized finish. All tower-based WCF and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade that blends with the existing surroundings and neighboring buildings to the greatest possible extent.
(e)
Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Board of Supervisors finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or on Township property. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within 1/4 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[1]
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.
[2]
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.
[3]
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.
[4]
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(f)
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 that increases the overall height of such WCF shall first obtain a zoning permit from the Township. Routine modifications shall not require a permit.
(g)
Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage 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 Township's decision on an application for approval of tower-based WCFs.
(h)
Additional antennas. As a condition of approval for all tower-based WCFs, 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. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior zoning permit approval of the Township.
(i)
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 the Telecommunications Industry Association (ANSI/EIA-222-E, as amended).
(j)
Site plan. A full site plan shall be required for all tower-based WCFs, showing all existing and proposed structures and improvements, for a minimum of 500 feet from the tower-based WCF, including but not limited to Antenna and related support structures, building, fencing, buffering and ingress and egress.
(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 a tower-based WCF, which is not located in the public ROW, shall not exceed 120 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations. Should the WCF applicant prove that another provider of wireless communications services has agreed to co-locate antennas on the WCF applicant's tower-based WCF and requires a greater tower height to provide satisfactory service for wireless communications than is required by the WCF applicant, the total height of such tower-based WCF may be further increase but shall not exceed 150 feet. Tower-based WCF located within the public ROW are subject to more stringent height restrictions as set forth in subsequent provisions of this section.
(l)
Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna space on the tower-based WCF.
(m)
Public safety communications and emissions. Tower-based WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.
(n)
Maintenance. The following maintenance requirements shall apply to all tower-based WCFs:
[1]
All tower-based WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Maintenance shall be performed to ensure the upkeep of the facility to promote the safety and security of the Township's residents and utilize the best available technology for preventing failures and accidents in accordance with the requirements of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/TIA-222-E, as amended).
(o)
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.
(p)
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required by law, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
(q)
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 Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(r)
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(s)
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 WCF applicant, in writing, of any information that may be required to complete such application. All complete applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the WCF applicant, in writing, of its decision.
[1]
Timing of approval for SWF. Within 10 calendar days of the date that an application for a tower-based WCF that is also a SWF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. The Township shall have 10 days from receipt of the additional information to issue a letter of completeness, or to request additional information as appropriate. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period. If the application is subject to conditional use approval, such conditional use provisions will remain applicable to the application; however, the timing of approval shall not fall outside the timeline set forth in this section unless otherwise agreed upon by the applicant and the Township.
(t)
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 but must otherwise comply with the terms and conditions of this section.
(u)
Removal. Where use of a tower-based WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue its use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(v)
Permit fees. The Township may establish, by resolution, 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.
(w)
Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower-based WCF for numerous factors, including, but not limited to, visual impact, design, and safety standards.
(x)
Insurance. Each person that owns or operates a tower-based WCF greater than 55 feet in height 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. Each person that owns or operates a tower-based WCF 55 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.
(y)
Indemnification. Each person that owns or operates a tower-based WCF 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 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 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 a 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.
(z)
Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(aa)
Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.
(2)
Regulations applicable to tower-based WCF located outside the public rights-of-way.
(a)
Development regulations.
[1]
Location. Tower-based WCFs outside the public rights-of-way are permitted by conditional use in the Flexible Rural Development Zoning District; however, tower-based WCFs are not permitted to be located within the Village Overlay Zoning Districts, the Airport Overlay Zoning Districts, or within greenway land as such term is separately defined in the general definition section of this chapter.[1]
[2]
Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet and meets the minimum lot area of the district in which it is located. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Board that, in the event of failure, the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining property uses, their occupants, pedestrians, or traffic.
[3]
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, 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 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 if the proposed WCF is greater than 55 feet in height.
[c]
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Board that, in the event of failure, the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining property uses, their occupants, pedestrians, or traffic.
(b)
Design regulations.
[1]
The tower-based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
[2]
To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.
[3]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all other respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
[4]
Any tower-based WCF over 55 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
(c)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[2]
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.
(d)
Fence/screen.
[1]
A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than 55 feet in height, as well as guy wires, or any building housing WCF equipment.
[2]
Landscaping. Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the discretion of the Board, they achieve an equivalent degree of screening. Existing vegetation shall be preserved to the maximum extent possible.
(e)
Accessory equipment.
[1]
Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.
[2]
All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(f)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WCF. 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 Township that the property owner has granted an easement for the proposed facility.
(g)
Parking. For each tower-based WCF greater than 55 feet in height, there shall be two off-street parking spaces.
(h)
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(3)
Regulations applicable to tower-based WCF located in the public rights-of-way.
(a)
Location and development standards.
[2]
Tower-based WCF permitted along the above roadways shall not be permitted to be located along the side of the roadway which abuts the Brandywine River, any of its tributaries, or which abuts any portion of lands subject to a conservation easement including a nature preserve such as the ChesLen Preserve. Such tower-based WCF shall be located within the rights-of-way on the other side of the road and opposite from such natural features.
(b)
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 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.
(c)
Equipment location. Tower-based WCFs and related 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:
[1]
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
[2]
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.
[3]
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner within 10 business days of notice from the Township of the existence of the graffiti.
[5]
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
(d)
Design regulations.
[1]
The tower-based WCF 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.
[2]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all other respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(e)
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement; or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for right-of-way use. In addition to permit fees as described in this section and established by resolution of the Board of Supervisors, every tower-based WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's actual costs incurred in connection with the activities described above.
E.
General and specific regulations for WCF upon municipal use land or public use land.
(1)
Tower-based WCFs may be permitted upon public lands owned by the Township, regardless of the provisions of the underlying zoning districts, when approved by conditional use by the Board pursuant to the conditional use procedures and standards contained herein and subject to the following additional criteria:
(a)
Where a previously approved tower-based WCF is located upon public land owned by the Township, antenna(s) of providers other than the entity owning the tower may co-locate on the tower if the proposed co-location meets all of the requirements set forth in the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1.
(b)
When required by the Board, the tower-based WCF shall be architecturally screened and landscaped to simulate other structures existing in the Township, such as light poles, flagpoles, farm silos or trees (stealth features), and shall be painted one or more colors (blue, green or remain galvanized) as directed by the Board.
(c)
The location of the tower-based WCF within the public land owned by the Township shall be at the discretion of the Board should it grant approval of the conditional use application and shall be an express condition thereof.
(d)
The Township may enter into separate agreements and fee arrangements with tower-based WCF applicants beyond those permit fees and reimbursement costs set forth by resolution or by this chapter.
(2)
Nontower WCFs may also be permitted upon public lands owned by the Township, regardless of the underlying zoning district, subject to those regulations and restrictions as set forth in the preceding sections governing all nontower WCFs and subject to the following additional criteria:
(a)
The Board at its discretion can modify certain standards and regulations to allow a reasonable use of Township-owned property to accommodate nontower WCFs.
(b)
Where a previously approved tower-based WCF or other wireless support structure is located upon public land owned by the Township, antenna(s) of providers other than the entity owning the tower may co-locate on the wireless support structure, if the proposed co-location meets all of the requirements set forth in the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1.
(c)
Subject to applicable law, the location of the nontower WCF within the public land owned by the Township shall be at the discretion of the Township.
(d)
The Township may enter into separate agreements and fee arrangements with nontower-based WCF applicants beyond those permit fees and reimbursement costs set forth by resolution and in previous sections of this chapter.
F.
Consistency with state and federal laws and regulations. The provisions contained herein regulating wireless communications facilities are intended to comply with federal and state laws and regulations in effect as of the date of adoption of this section. To the extent that any of the provisions in this section conflict with any federal or state statute or regulations, the federal or state statutes or regulations shall control unless the applicable federal or state statutes or regulations allow for more stringent provisions in local ordinances. In which case, the more stringent provisions of local ordinances shall remain in effect and shall control in such instances.
§ 240-43 Commercial and industrial performance standards.
All commercial and industrial uses of land shall comply with the following standards:
A.
Noise. No commercial or industrial use of land shall cause an increase in noise that exceeds any applicable standard set by the Pennsylvania Department of Environmental Protection (DEP) or the United States Environmental Protection Administration (EPA).
B.
Smoke. No commercial or industrial operation shall emit any smoke that exceeds any applicable standard set by the DEP or EPA.
C.
Dust and dirt. No commercial or industrial operation shall release any airborne dust, dirt or fly ash which exceeds any applicable standard set by the DEP or EPA.
D.
Odor. No commercial or industrial operation shall emit odorous gases or matter that is perceptible at any point along a lot line that exceeds any applicable standard set by the DEP or EPA.
E.
Toxic gases, petroleum products, pesticides, herbicides, and similar noxious substances. No commercial or industrial operation shall release any toxic gas or hazardous material or waste into the environment which exceeds any applicable standard set by the DEP or EPA.
F.
Vibration. No commercial or industrial operation shall cause vibration that is perceptible at any point along a lot line that exceeds any applicable standard set by the DEP or EPA.
G.
Glare, heat, and radiation. No commercial or industrial operation shall produce heat, glare or other radiation which is perceptible at any point along the lot line, which exceeds any applicable standard set by the DEP or EPA.
H.
Waste products. Waste products shall be stored within enclosed buildings or in containers adequate to prevent the spread or attraction of vermin and prevent the carrying of material by the wind. No liquid or solid waste or material, including any material of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous elements, shall be discharged at any point into any sewage disposal system, watercourse, lake, or into the ground, except in accordance with standards approved by the DEP or other applicable regulatory department or agency.
I.
Fuel storage. All fuel storage areas shall comply with applicable regulations of the Pennsylvania State Fire Marshal and/or the Pennsylvania State Police.
J.
Agricultural uses exempted. All lawful agricultural activities shall be exempt from Township provisions.
§ 240-44 Country property accessory dwelling units in Option 4 subdivisions.
Country property accessory dwelling units (including elder cottages and tenant houses proposed in Option 4 subdivisions) shall be subject to the following conditions:
A.
Location and construction. Accessory dwelling units in principal residences or in new traditional outbuildings (such as barns, stables, carriage houses, and spring houses) shall be designed to harmonize with vernacular rural buildings in the municipality's historic landscape.
B.
Maximum number. There shall be a maximum of one accessory dwelling unit (ADU) on any building lot less than 10 acres in an Option 4 subdivision, and a maximum of two ADUs on any building lot containing 10 or more acres in an Option 4 subdivision, provided all performance standards of this chapter are met. No additional ADUs shall be created.
C.
Gross floor area. The gross floor area in the first ADU shall not exceed 900 square feet. In the second ADU, where permitted, the maximum area shall be 750 square feet. However, on lots exceeding 15 acres, the second ADU may take the form of a tenant house containing up to 2,000 square feet of floor space. Under this section, existing historic accessory buildings more than 75 years old that exceed these floor space limits may be permitted by the Township to be used as ADUs without having to meet the dimensional setback requirements of this chapter.
§ 240-45 Display and sale of farm products.
A.
On-site production. All products sold must be produced on the premises or on agricultural lands.
B.
Setbacks. Any structure that is used for the display or sale of farm products shall be set back not less than 50 feet from all street right-of-way lines.
C.
Parking. Adequate and safe off-street parking shall be provided for employees and customers.
§ 240-46 Driveways.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The design and construction of driveways shall comply with the requirements of Chapter 67, Driveways, of the Code of Newlin Township.
§ 240-47 Erection of more than one principal building on lot.
A building, structure, lot or premises shall be permitted only one principal use. A building, structure, lot, premises or use may not be altered, partitioned or subdivided in any manner for the purpose of creating an additional principal use.
A.
Opportunities in the Village Overlay District. A second principal use shall be permitted in the Village Overlay District, by special exception, as an adaptive reuse of an historic structure in accordance with § 240-82 and the following:
(1)
A second residential dwelling unit.
(2)
A nonresidential use in § 240-66C(2).
§ 240-48 Forestry and timber harvesting.
A.
Applicability. The following requirements shall apply to all timber harvesting activities; provided, however, that the normal and routine removal or maintenance of trees by a homeowner, as well as timber removal activities resulting from storms or from other damage and necessary for purposes of preserving safety, shall be exempted from these regulations.
B.
Erosion and sedimentation control plan. An erosion and sedimentation control plan shall be prepared for each tree harvesting operation. The Natural Resources Conservation Service shall approve the plan.
C.
Erosion control plan. An erosion and sedimentation control plan shall be filed with the Township not less than 30 days prior to the start of the harvesting operation and a copy of the plan shall be available at the site.
D.
Procedures and requirements. The following requirements shall apply to all harvesting operations:
(1)
No clear cutting of trees of more than six inches in diameter measured at four feet above grade within 25 feet of ridge lines (measured vertically), or which expose such ridge lines to view from public roadways not less than 2,000 feet from the site, shall be permitted.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare.
(3)
Felling or skidding across any public thoroughfare is prohibited without written permission by either the Township or the Pennsylvania Department of Transportation, whichever is responsible for the thoroughfare.
(4)
All soil and debris washed or carried onto public streets during tree harvesting operations shall be cleaned daily. The applicant shall be responsible for the restoration of any property that may be damaged due to erosion caused by the timber harvesting operation.
(5)
Upon the conclusion of any timber harvesting operation, all litter, trash, discarded equipment, and similar items shall be removed from the site before the operator vacates the site.
(6)
Upon the completion of any logging operation, the area shall be reseeded in compliance with the erosion and sedimentation control plan.
(7)
All clear-cut areas shall be reclaimed by methods such that the area does not increase sedimentation and stormwater runoff.
(8)
The applicant shall be responsible for repairing berms and/or shoulders on public roads that may be damaged due to the timber harvesting operation.
E.
Bonding. Road bonding for timber harvesting shall comply with PennDOT regulations Chapter 189, found in Publication 221, "Posting and Bonding of Municipal Bonds."
F.
Admission to the site. The Township may enter onto the site to ensure compliance with the provisions of this section and with the erosion and sedimentation control plan.
§ 240-49 Garage or yard sales.
An owner or occupant of a parcel may conduct garage or yard sales as accessory uses to dwellings for periods not to exceed a total of seven days per parcel per each year. Such sales may include personal property, but shall not include articles on consignment, and no stocking of inventory shall be permitted. No public right-of-way areas shall be used during the garage sale.
§ 240-50 Height and yard limit exceptions.
Typical architectural elements and mechanical facilities associated with permitted structures, such as belt courses, bay windows, roof overhangs, chimneys, antennas, flagpoles, air handling equipment, utility poles, and similar facilities, may project above the maximum height or yard setback limits established in zoning districts, subject to the following:
A.
Horizontal elements. Horizontal architectural elements may project into required yards not more than two inches per one foot of provided yard depth.
B.
Vertical elements. Vertical elements may project above the maximum height limit, provided that the element is set back from all lot lines a distance not less than 150% of its height.
§ 240-51 Home occupations: professional.
Professional home occupations may be permitted as accessory uses to single-family detached dwellings, subject to the following conditions:
A.
Exterior changes. No changes to the exterior of the dwelling shall be permitted, which would have the effect of altering its character as a single-family dwelling. The professional home occupation shall only be conducted within a single-family dwelling or in an accessory building. The accessory structure shall be set back from all lot lines not less than 50 feet. An area corresponding to not more than 25% or 600 square feet, whichever is less, of the gross square footage of the dwelling, including all floors and habitable basement areas, but excluding attic space, shall be devoted or used for the professional home occupation.
B.
Limitation on employees. Not more than two employees not in residence in the dwelling shall be permitted.
C.
No outside storage. No products or materials used in the professional home occupation shall be stored outside unless screened and shall meet the minimum yard setback regulations.
D.
Vehicle use. No vehicles, except for typical automobiles or pickup trucks, shall be used in the occupation.
E.
Equipment use. No machinery or equipment except for typical office equipment shall be used.
F.
No tractor-trailer deliveries. No deliveries by tractor-trailer shall be permitted.
G.
No adverse effects. The occupation will not result in any noise, electromagnetic interference to radio or television signals, odor or septic discharge that is significantly different from those of typical dwellings.
H.
No subdivision. The professional home occupation structure shall not be subdivided from the parent parcel.
I.
Parking. Not less than two parking spaces shall be provided for the professional home occupation, in addition to the parking spaces provided for the dwelling. No required minimum front yard areas shall be used for parking in addition to those spaces existing prior to the application for the professional home occupation. Tandem parking spaces in driveways may be used to meet off-street parking requirements. Parking for the professional home occupation shall be located in side or rear yard areas or in garages.
J.
Permit required. Before any building is used for a professional home occupation, the applicant shall receive a permit from the Zoning Officer, which shall state that it is issued subject to the applicant complying with the conditions of this section.
§ 240-52 Junk or discarded materials.
No parcel shall be used for the deposit or storage of junk or discarded materials unless authorized pursuant to this chapter.
§ 240-53 Landscaping.
All applicants for zoning permits for land uses other than agriculture or other than residential developments containing less than five dwellings or residential lots shall submit to the Township a landscape plan for the site, prepared according to the provisions of Chapter 185, Subdivision and Land Development.
§ 240-54 Lighting.
The amount of light trespass cast onto an adjacent parcel shall not exceed 0.1 vertical footcandles at the property line. Lighting fixtures shall not direct glare towards any other lots and shall not cast disabling glare towards any public right-of-way.
§ 240-55 Lot size reductions.
No lot, even though it may consist of one or more adjacent parcels or lots of record, shall be reduced in size such that any minimum required yard area, bulk or other requirement of this chapter is not maintained.
§ 240-56 Mobile homes and manufactured housing (individual units).
Individual mobile homes shall be considered to be single-family detached dwellings if they conform with the bulk and lot requirements pertaining to single-family dwellings, and to the following:
A.
Foundations. All mobile homes shall be securely fastened to foundations that will resist heaving, settling, shifting, or other movement due to frost action, inadequate drainage, high winds, or other similar forces acting upon the structure. Foundations shall be constructed as specified by the manufacturer of the mobile home, but not less than one tie-down shall be provided for each 10 feet along the perimeter of the dwelling.
B.
Wheels removed. All wheels, hitches, tongues and facilities used for the transportation of the home shall be removed.
C.
Construction. The construction of all mobile homes shall conform with the requirements of Act 69 of the General Assembly of the Commonwealth of Pennsylvania, enacted May 11, 1972, as may be amended, as well as any other applicable state or federal laws or regulations regarding mobile homes.
D.
Base enclosures. The base of the mobile home shall be surrounded by concrete block, vinyl, decorative wood siding, or similar manufactured material, extending from the bottom of the dwelling to grade, and shall be constructed to inhibit decay and shall resist penetration by vermin.
F.
Sewage disposal inspections. The County Health Department shall inspect and approve the proposed method of sewage disposal.
§ 240-57 Obstruction to vision at street intersections.
A clear-sight triangle shall be maintained at all street intersections according to the Pennsylvania Department of Motor Vehicles. See diagram below.
 |
§ 240-58 Pollution control.
No building or structure shall be erected, altered or used, and no lot or premises may be used for any activity that is noxious, injurious or offensive by reason of dust, smoke, refuse, odor, gas, fumes, noise, vibration, electronic interference, radiation, illumination, use or production of hazardous materials or hazardous wastes or similar substances or conditions such that any regulation of the Pennsylvania Department of Environmental Protection or United States Environmental Protection Agency is violated. These provisions shall not apply to the agricultural activities. Persons who burn materials in open areas shall first inform the Fire Department of the proposed burning activity, and no open fire shall be unattended.
§ 240-59 Prohibited uses and removal of nuisances.
A.
General. Any activity, use of land, trade or process that may be in any way dangerous, noxious or injurious to public health, safety or welfare, such that any regulation of the Pennsylvania Department of Environmental Protection or United States Environmental Protection Agency is violated, is specifically prohibited.
B.
Certain activities constitute nuisances. The storage or parking of wrecked, junked, stripped or abandoned vehicles, or the storage, placement or accumulation of wrecked, discarded, or abandoned machinery, equipment, household appliances, debris or waste materials of any kind or description, or parts thereof, shall occur only when such items are stored within an enclosed building, are stored out of sight from the public right-of-way on which the property abuts, or is otherwise authorized in conjunction with a business properly operated pursuant to this chapter and other laws of the Township.
C.
Notice to remove property. If the Township finds that a violation of this article exists, the Township shall notify the owner of the property on which the violation exists, or the owner of the vehicle or other discarded or abandoned item, or both, of this violation. The owner of the item(s) and the owner of the property on which the item(s) are stored shall be ordered to correct the violation within 30 days of such notice.
D.
Service of notice to remove property. Notice shall be given by personal service or by certified mail to the last known address of the violator. In the event that, on diligent search, the address of either the property owner or the owner of the vehicle or other items cannot be determined, the posting of the notice on the property, vehicle, item, structure or area immediately adjacent to the vehicle or item shall constitute sufficient notice.
E.
Request for hearing. Within 30 days after notice, the affected party may request a hearing with the Supervisors by filing a written request with the Secretary. The thirty-day period for compliance set out in this article is suspended from the date of request for a hearing to the date of the hearing. After the hearing, the Supervisors shall affirm, withdraw or modify the notice.
F.
Effect of failure to request hearing. If a hearing is not requested, the parties affected shall remove the vehicle or items from the property in accordance with the notice and order.
G.
Notice of hearing. On proper request, a hearing on the matter shall be held within a reasonable time, and where more than one party is involved, it shall be the duty of the party requesting the hearing to notify the Secretary of the names and addresses of all other affected or interested parties.
H.
Authority for Township to remedy violations at the expense of the defaulting property owner. If the violation shall not have been remedied within the period as required by the order, the Township may remedy the violations and charge the costs thereof to the real property owner on whose property the violation is located. The cost shall, after a proper demand and refusal or a failure to pay after 30 days, constitute a lien on the property at such time as the Solicitor shall thereafter file it.
§ 240-60 Roadside sales and farm produce stands.
Produce and other products of local farms may be sold at roadside stands. Off-street parking areas shall be provided as required in Article IX of this chapter, and not more than one sign shall be permitted, as regulated in Article X of this chapter. No sign or stand shall obstruct vision along the street.
§ 240-61 Small commercial equine activities.
[Added 10-13-2014 by Ord. No. 2014-01; amended 9-12-2016 by Ord. No. 2016-02]
A commercial equine activity that involves either: 1) the boarding of 20 or fewer horses not owned by the owner or operator; 2) providing lessons or training in handling, riding or driving to 10 or fewer individuals per week; or 3) providing five or fewer group lessons in handling, riding or driving per week to a group of six or fewer individuals, shall be permitted by right, subject to the applicant complying with the following conditions:
A.
If the portion of the property on which the commercial equine activity is conducted is within the identified floodplain area, the owner shall provide proof of a written manure management plan or certified nutrient management plan, as applicable, which identifies any animal concentration areas and best management practices as required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual.
[Amended 7-10-2017 by Ord. No. 2017-03]
B.
If the portion of the property on which the commercial equine activity is conducted is within the Steep Slope Conservation Overlay District, the owner shall provide written proof of a manure management plan or certified nutrient management plan, as applicable, which identifies any animal concentration areas and best management practices required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual as well as written proof of a written agricultural and erosion and sediment control plan, if required by DEP.
C.
Manure storage shall be set back a minimum of 100 feet from the property line and shall be designed, constructed, maintained and operated in accordance with all applicable laws and regulations and permits shall be secured from all governmental agencies having jurisdiction over this activity. The owner shall provide proof of a written manure management plan or certified nutrient management plan, as applicable, which identifies any animal concentration areas and best management practices as required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual.
D.
All parking must be provided on the same lot as the use.
§ 240-62 Satellite antennas.
All satellite receiving antennas over four feet in diameter or height shall conform with all applicable yard setback regulations for principal uses and shall not be located in the front of any principal building, unless applicable provisions of the Federal Communications Commission would be violated.
§ 240-63 Steep Slope Conservation Overlay District.
A.
Purposes. The purposes of this section are as follows:
(1)
To promote the public health, safety and welfare by the protection of steep slope areas and by encouraging the retention of open space.
(2)
To permit only those uses of steep slope areas which are compatible with the conservation of natural conditions and which maintain stable soil conditions by minimizing disturbances to vegetation and by restricting the regrading of steep slope areas.
(3)
To limit soil erosion and the resultant destruction of the land, siltation of streams and damage to property.
(4)
To protect low-lying areas from flooding by limiting the increase in stormwater runoff caused by grading of steeply slope areas, changes of ground cover or the erection of structures on steeply slope areas.
(5)
To maintain the ecological integrity and habitat value of steeply sloped areas.
(6)
To allow the continuing replenishment of groundwater resources and the maintenance of springs.
B.
General provisions.
(1)
Compliance with these provisions. No area within the Steep Slope Conservation Overlay District shall hereafter be used without full compliance with the terms of this section and other applicable regulations.
(2)
Overlay. The Steep Slope Conservation Overlay District shall be deemed to be an overlay on any zoning district now or hereafter enacted. The physical limits of this district are not graphically shown on the Zoning Map.
(3)
Additional requirements to underlying district. In those areas of the Township where the Steep Slope Conservation Overlay District applies, the requirements of the overlay district shall be in addition to and supersede where inconsistent with the requirements of the underlying zoning district.
(4)
Changes to steep slope boundary: effect on underlying district. If the boundaries of the Steep Slope Conservation Overlay District are changed as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district without consideration of this section.
(5)
Changes to underlying zoning district: effect on Steep Slope Overlay District. For any parcel or any part thereof on which the Steep Slope Conservation Overlay District is an overlay, should the underlying zoning classification(s) be changed as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the boundaries of the Steep Slope Conservation Overlay District.
(6)
Preservation of other restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
(7)
Municipal liability. Any determination that a proposed use complies with this section or any approval of a subdivision or land development plan or any issuance of a building or zoning permit within or near the Steep Slope Conservation Overlay District shall not constitute a representation, guaranty or warranty of any kind by the Township, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Township, its officials or employees. This section does not imply that areas outside the Steep Slope Conservation Overlay District or land uses permitted within said district will always be totally free from the adverse effects of erosion.
C.
Designation and interpretation of overlay district boundary.
(1)
The Steep Slope Conservation Overlay District consists of slopes of greater than 20%. In any application for subdivision and/or land development, or when otherwise required by this chapter, where the tract includes areas of steep slopes, the applicant shall, using two-foot contours, delineate slopes greater than 20%. Further, the applicant shall use an actual field topographic survey or aerial survey as the source of contour information and the basis for depicting steep slopes.
(2)
This section shall apply only to those steep slopes that exist for three or more consecutive two-foot intervals and which are greater than 1,000 square feet in area. Isolated areas of land over 20% slope that are less than 1,000 square feet in area or that are not continuous over three two-foot contour intervals must be shown on the plan, but are not subject to the restrictions of this section. Land slopes over 20% may not be averaged with areas of less than 20% for the purpose of reducing the area of steep slopes. Small areas of less than 20% slope occurring in the midst of larger areas of steeply sloping ground shall be considered a part of the steep slopes.
(3)
Boundary interpretation and appeal procedure.
(a)
Each application for construction or land disturbance within the Steep Slope Conservation Overlay District shall be submitted in accordance with § 240-63E below.
(b)
Any area of the Steep Slope Conservation Overlay District that falls within the tract shall be identified on the site plan through shading.
(c)
Where an interpretation is needed as to the exact location of the boundaries of the district in relation to a given parcel, the Township Engineer shall make an initial determination. Any person seeking such a determination shall submit a topographic survey of the property with steep slopes delineated. The Township Engineer shall make a written report of the results of his initial determination, a copy of which shall be provided to the Board of Supervisors. The cost of these determinations shall be borne by the applicant.
(d)
Any person aggrieved by any such determination of the Township Engineer or other decision under this section may appeal to the Zoning Hearing Board.
(4)
Exemptions to the provisions of this section when no disturbance is proposed. Applications that are subject to the provisions of the Steep Slope Conservation Overlay District may identify such steep slope areas in approximate terms and without meeting the provisions of § 240-63E(1) of this chapter, provided that no disturbance shall occur within the steep slope areas as well as within a thirty-five-foot wide buffer surrounding such areas.
(a)
Notwithstanding the provisions of § 240-63C(4) above, the Township Engineer may require applicants to comply with the provisions of § 240-63E(1) where the Township Engineer determines that such information is necessary due to unusual geological, topographic or other physical circumstances.
D.
Permitted uses. The following are the only uses permitted in the Steep Slope Conservation Overlay District. Such uses also shall be in compliance with the base zoning district.
(1)
Uses permitted by right. Uses permitted by right shall be as follows:
(a)
Parks and outdoor recreational uses.
(b)
Logging and woodcutting, where such activity is limited to highly selective removal of trees and when conducted in conformity with conservation practices approved by the Natural Resources Conservation Service or the County Conservation District, and subject to the provisions of § 240-48 of this chapter. A sedimentation and erosion control plan shall be submitted to the Township.
(c)
Agricultural uses when conducted in conformity with conservation practices, including minimum tillage methods, approved by the Natural Resources Conservation Service or the County Conservation District.
(d)
Grading for the minimum portion of a driveway necessary to access a single-family dwelling when it can be demonstrated that no other routing that avoids slopes exceeding 20% is feasible.
(e)
Yard areas of any permitted building, so long as such building is itself not within the Steep Slope Conservation Overlay District, except where permitted by special exception.
(2)
Uses by special exception. The following uses shall be permitted in the Steep Slope Conservation Overlay District as a special exception when authorized by the Zoning Hearing Board. In making its determination, the Board shall give particular consideration to the criteria and standards in Subsection F below. In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed below, as it may deem necessary to implement the purposes of this chapter, and subject to the provisions of § 240-81 of this chapter.
(a)
Single-family detached dwelling on construction sites not exceeding 20%.
(b)
Any road necessary to provide primary or emergency access to a use permitted by this section, when no practical alternative exists in an area of lesser slope.
(c)
Sealed public water supply wells, where approved by all regulatory agencies.
(d)
Sanitary or storm sewers where approved by all regulatory agencies.
(e)
Extractive uses, including borrow pits, when operated in accordance with recognized conservation practices and, as applicable, where approved by all regulatory agencies.
(f)
Septic systems where permitted under the regulations of the DEP and the County Health Department.
E.
Administration. The following requirements shall apply:
(1)
Required materials. Before a permit is issued for any construction or land disturbance activity, the following material shall be submitted for review to the Township Engineer. No approval or building permit shall be authorized by the Zoning Officer, and no special exception shall be granted by the Zoning Hearing Board, without the Township Engineer's review of this material and his recommendation thereon:
(a)
An earthmoving plan that indicates existing grades with field run or aerial contour lines at two-foot intervals and proposed grades within the area of any proposed activity, disturbance or construction. All areas within the Steep Slope Conservation Overlay District shall be shaded accordingly.
(b)
A site plan indicating existing and proposed structures, impervious surfaces, storm drainage facilities and retaining walls. The site plan shall also locate and identify existing vegetation and ground cover within the Steep Slope Conservation Overlay District, as well as proposed landscaping material.
(c)
Architectural plans, elevations and sections.
(d)
A statement, signed and sealed by a registered architect or engineer, explaining the building methods to be used in overcoming foundation and other structural problems created by steep slope conditions, and which shall also indicate how and by what means watersheds will be preserved and how and by what means soil erosion and excessive surface water runoff shall be curtailed.
(e)
Plan, profile and typical cross-sections of any proposed street, emergency access or driveway, with the seal of a registered professional engineer thereon.
F.
Additional criteria.
(1)
Steep slope lots. Each lot containing steeply sloped land shall contain no less than 50% of the minimum required lot area after the exclusion of all steeply sloped ground as defined herein. Criteria for stabilization and compaction of excavated and/or filled areas shall be in accordance with acceptable engineering standards and shall be subject to the approval of the Township Engineer.
(2)
Grading to be minimized. All grading shall be minimized and shall be undertaken in accordance with all applicable Township ordinances and regulations. No grading shall be undertaken within any area of the Steep Slope Conservation Overlay District, except where approved in conjunction with a use permitted under the terms of this section.
(3)
Finished slopes. Finished slopes of all cuts and fills shall not exceed 33% unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately to prevent erosion.
(4)
Total impervious surfaces. The total amount of impervious surface that may be installed or maintained shall not exceed 50% of the maximum amount of impervious surface permitted in the underlying base zoning district.
§ 240-64 Swimming pools, tennis courts, and other recreational accessory structures.
A.
Location. No swimming pool (surface or aboveground), tennis court, or recreational structure shall be located within any minimum yard. All swimming pools with depths of more than two feet shall be enclosed by a permanent fence of not less than four feet in height, and which contains a self-locking gate. Fences shall be designed and constructed in such a way as to discourage climbing or unauthorized access.
B.
Lighting. Exterior lighting shall not be directed towards adjoining properties.
C.
Isolation distances from sewage disposal facilities. No pool, tennis court or other recreational facility shall be placed less than 10 feet from any septic field or tank.
§ 240-65 Trailers, motor homes, recreational vehicles, and similar facilities.
Trailers, motor homes, recreational vehicles, and similar facilities shall be regarded as accessory structures and shall conform to all applicable setback requirements of this chapter.
§ 240-66 Village Overlay District.
A.
Purposes. The purposes of this section are as follows:
(1)
To preserve the historic development patterns of the Township.
(2)
To implement the Unionville Area Regional Comprehensive Plan (2011) Future Land Use Plan.
(3)
To provide for small-scale nonresidential uses that complement the villages.
(4)
To encourage the adaptive reuse of historic structures in the villages.
B.
General provisions.
(1)
Compliance with these provisions. No area within the Village Overlay District shall hereafter be used without full compliance with the terms of the section and other applicable requirements.
(2)
Overlay. The Village Overlay District shall be deemed to be an overlay on any zoning district now or hereafter enacted. The physical limits of this district are graphically shown on the map in the appendix.[1]
[1]
Editor's Note: The maps of the Village Overlay Districts are on file in the Township's offices and available on the Township's official website.
(3)
Boundaries. The boundaries of the Village Overlay District shall follow the property line boundaries as designated on the maps in the appendix.
(4)
Additional requirements to underlying district. In those areas of the Township where the Village Overlay District applies, the requirements of the overlay district shall be in addition to and supersede the requirements of the underlying zoning district.
(5)
Changes to Village Overlay boundary: effect on underlying district. If the boundaries of the Village Overlay District are changed, as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district without consideration of this section.
(6)
Changes to the underlying zoning district: effect on Village Overlay District. For any parcel or any part thereof on which the Village Overlay District is an overlay, should the underlying zoning classification be changed as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the boundaries of the Village Overlay District.
(7)
Preservation of other restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
C.
Permitted uses. The following are the only uses permitted in the Village Overlay District. Such uses shall also be in compliance with the base zoning district.
(2)
Uses by special exception. The following uses shall be permitted in the Village Overlay District as a special exception when authorized by the Zoning Hearing Board. In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition those expressed below, as it may deem necessary to implement the purposes of this chapter and subject to the provisions of § 240-82 of this chapter.
§ 240-67 Waste storage facilities.
Dumpsters and similar waste storage facilities, excluding sanitary sewage facilities, shall be subject to the following standards:
A.
Commercial facilities. All nonresidential facilities shall provide appropriate outdoor waste storage facilities and shall be routinely emptied.
B.
Screening. All waste storage facilities shall be screened or landscaped and shall be fully enclosed to limit animal access and wind-blown waste.
C.
No parking spaces to be used. No required parking areas may be occupied by any waste storage facility.
D.
Location. No facilities shall be located in any front yard.
§ 240-68 Agricultural operations, CAO and CAFO.
[Added 3-20-2017 by Ord. No. 2017-01]
Agricultural operations, including a CAO and a CAFO, shall be permitted subject to the following regulations, in addition to the requirements imposed by federal or state law. If the requirements of any federal or state law conflict with the following regulations, the regulations in the federal or state law shall control.
A.
Fencing. All grazing areas shall be fenced.
B.
Manure setbacks. No manure storage shall be located less than 300 feet from any lot line.
C.
Nutrient management plan. If required by state or federal law, a nutrient management plan shall be submitted to the Township.
D.
Long-term disposal of manure. The applicant shall demonstrate that an adequate site for the disposal of manure is available on a long-term basis.
E.
Setbacks. Poultry houses and facilities for the housing of swine or hogs shall be not less than 500 feet from any residential structure, except any such structure located on the same premises, and shall be not less than 300 feet from any property line or street right-of-way.