Northampton City Zoning Code
ARTICLE VI
Supplementary Regulations Governing Selected Uses
§ 250-24 Special uses.
Special uses, as enumerated in Schedule I,[1] shall be permitted only upon authorization by the Zoning Hearing Board and review by the Planning Commission, provided that such uses shall be found by the Zoning Hearing Board to comply with the following requirements and other applicable requirements as set forth in this chapter.
A.
That the use is a permitted special use as set forth in Schedule I hereof.
B.
That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected. The Zoning Hearing Board may require the applicant to prepare an environmental analysis pertaining to the property and application under consideration by the Zoning Hearing Board.
C.
That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
D.
That the use will be compatible with adjoining development and the principal character of the zone district where it is to be located.
E.
That adequate landscaping and screening is provided as required herein.
F.
That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting and/or nearby streets and intersections.
G.
That the use conforms with all applicable regulations governing the district where located. The Zoning Hearing Board may rely upon state and federal requirements to be met by the applicant for special use permit approval as a condition for Zoning Hearing Board final approval.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
§ 250-25 Site plan review.
A.
Purpose and procedure.
(1)
Site plan review and the submission of a site plan may be required herein for certain "special uses" in accordance with the requirements of the Zoning Hearing Board. At the discretion of the Zoning Hearing Board, the Board may select one of the following three options:
(2)
The following site plan procedure shall be followed to ensure the safe and efficient movement of traffic, adequate drainage and connection to utilities, compliance with other applicable regulations and to promote the development of an attractive and well planned Borough, to enhance sound site planning and to best serve the interests of public health, safety and general welfare and the objectives of this chapter.
B.
Optional site plan review procedure. In lieu of submittal of all of the site plan requirements itemized below, the Zoning Officer, on behalf of the Board, may require a preliminary sketch site plan, containing lesser information, for unofficial review by the Planning Commission. Such sketch site plan shall be for the purpose of indicating to the Planning Commission the general nature and intent of the proposal which will enable the Commission to present its initial considerations for the purpose of guiding the developer in accordance with these zoning requirements.
C.
Site plan requirements. When required by the Zoning Hearing Board, the Zoning Officer may require an official site plan. The official site plan shall include the following information:
(1)
The applicant shall submit three complete sets of site plans certified by a registered engineer or registered surveyor.
(2)
When a site plan has been officially submitted, it shall be placed on the Borough Planning Commission agenda for review at its next regular meeting, provided the official submission is made 10 days or more before the regular meeting.
(3)
Within 45 days after the official submission of a site plan, the Planning Commission shall make a written recommendation to the Zoning Hearing Board on whether the plan should be approved or disapproved. The written recommendation shall include the underlying findings and reasons affecting the Planning Commission's recommendation. In making such a recommendation, the Planning Commission may receive advice and review comments from the Borough Engineer or any other competent review authority.
(4)
The following information shall be included on the site plan:
(a)
A statement as to the proposed use of the building or land.
(b)
A site layout drawn to a scale of not less than one inch equals 100 feet showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets, roads, and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(c)
The location, dimensions and arrangements of all open spaces and yards, landscaping, fences and buffer yards, including methods and materials to be employed for screening.
(d)
The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas.
(e)
The dimensions, location and methods of illumination for signs and exterior lighting.
(f)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(g)
Sewer and water facilities and connections. Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
(h)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including information on total land area, area to be reserved in common open space, density, maximum building coverage, total area to be covered with impervious surfaces and other information which will assist the Commission in determining compliance with this chapter.
(i)
A description of any proposed use in sufficient detail to permit the Commission to determine compliance with the performance requirements set forth in § 250-21 and the flood-prone area requirements.
(j)
Site contours at five-foot intervals.
(k)
All proposed site grading; drainage provisions; road, driveway and parking lot construction and proposals.
(l)
A key map showing the entire project and its relation to surrounding properties and existing building thereon.
(m)
Soils, slopes and floodplain delineations.
(n)
Certification by an engineer or surveyor.
(o)
Certification of ownership and acknowledgment of plan by owner or developer.
D.
Site design guidelines. The following guidelines are divided into nine categories to assist the applicant in the preparation of site and building plans and to assist the Planning Commission in the review of all site plans. These guidelines are meant to encourage creativity, innovation and well-designed developments. They not only apply to principal buildings and structures, but also to all accessory buildings, structures, freestanding signs and other site features.
(1)
Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas.
(2)
Relation of proposed buildings to environment. Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed buildings.
(3)
Drive, parking and circulation. For vehicular and pedestrian circulation, including walkways, interior drives and parking, give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of and access to the proposed buildings and structures and to the neighboring properties.
(4)
Surface water drainage. Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and efficiently carry away all stormwater from all roofs, canopies and paved areas. Collect surface water in all paved areas to permit vehicular and pedestrian movement.
(5)
Utility service. Place electric and telephone lines underground, where possible. Locate, paint and undertake any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties.
(6)
Advertising features. Ensure that the size, location, lighting and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and the neighboring properties.
(7)
Special features. Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.
(8)
Performance and traffic impact. Adequately address all problems identified through the application of the traffic impact study and analysis.
§ 250-26 Traffic impact study requirements.
A.
At the request of the Zoning Hearing Board, the development projects will be evaluated by the Zoning Officer to determine the level of traffic impact on the Borough. The level of traffic impact will be based on the estimated trip ends generated by the proposed uses in the project. "Trip ends" are defined as the total number of trips entering and leaving a specific land use or uses located in a project per day. These trip ends will be based on the estimated trip generation rates for various types of land uses based on the latest edition of the publication entitled "Trip Generation, An Information Report," published by the Institute of Transportation Engineers.
B.
The total number of average daily trip ends shall also mean "average daily traffic (ADT)." Schedule IV, entitled "Trip Ends Per Day," adapted from the above publication, may be used for estimating the ADT generated by any proposed project or addition to a project.[1] In lieu thereof, the developer or the Borough may use the above publication directly if it is considered to provide a more applicable estimate of the trip ends per day for the specific uses proposed.
(1)
Determination of major traffic impact. Any development which has an estimated ADT (or daily trip ends per day) in excess of 500 shall be considered to have a "major traffic impact."
(2)
Phased projects. In the event that a project is to be phased over a period of time, not exceeding 10 years, the total traffic impact for the entire period of phasing shall be used in determining the traffic impact.
(3)
Requirements for projects having a major traffic impact. All projects which are determined to have a major traffic impact shall comply with the following:
(b)
All such projects shall have direct access to an arterial road or to a collector road in the Borough. In lieu of such access, the developer shall provide a project road which is capable of handling the level of traffic to be generated and which is proposed for development by the developer to collector or major road standards, as established by the Borough, from the project site to the closest existing collector or arterial road.
(4)
Major traffic impact study. A major traffic impact study shall include at least the following:
(a)
All projects which have an estimated ADT exceeding 1,000 vehicles per day shall be required to submit a traffic impact study prepared by a competent authority. The requirements for such a study are set forth below.
(b)
Identification of all major roads and intersections serving and substantially impacted by the project.
(c)
An analysis of how the proposed project users or residents will use these major roads.
(d)
Existing traffic conditions (without the proposed project) including traffic volumes (ADT) and peak-hour volumes on the identified major roads, based on PennDOT information, surveys and trip-generation rates. (In addition, commercial projects shall provide weekend traffic volume data at peak hours.)
(e)
Projected traffic conditions (without the project) based on trends in growth of traffic for ADT and peak-hour volumes. (In addition, commercial projects shall provide weekend traffic volume data at peak hours.)
(f)
Estimates of traffic volumes (ADT) weekday peak-hour volumes and weekend peak-hour volumes after development of all stages of the project.
(g)
Highway and intersection traffic capacities and levels of service for subsections Subsection B(4)(c), (d) and (e) above, as defined by the Highway Capacity Manual, must be calculated.
(h)
Identification of existing and projected traffic problems on roads serving the project or substantially impacted by the project, including highway capacity deficiencies for the various roads and intersections involved.
(i)
Solutions proposed by the developer to alleviate the identified problems and deficiencies and the proposed cost of these improvements.
(j)
Identification and analysis of high accident areas located in proximity to the project, as identified by the Borough's traffic engineer and the effect which the proposed project will have on the high accident areas and locations.
(k)
The competent authority responsible for preparing the major traffic impact study shall certify to the following:
[1]
That in the preparation of the study that the applicable Borough Comprehensive Plan and any pertinent Borough or other traffic or transportation plan or study, as identified by the Borough Zoning Officer, have been considered in the preparation of the major impact study.
[2]
That in the professional opinion of the competent authority the completed major traffic impact study is a true and accurate study which has given adequate consideration to available information and includes reasonable projections and analysis to the factors considered and that the study represents the best opinion of the competent authority on the traffic impact of the proposed development.
[3]
That, if it has not been possible to fully analyze all relevant factors, then those factors not analyzed shall be identified, together with the reasons for their exclusion from the study.
[1]
Editor's Note: Schedule IV is on file in the Borough offices.
C.
The major traffic impact study shall be reviewed by the Planning Commission and the Zoning Hearing Board in accordance with the special use procedures established herein. The Planning Commission and the Zoning Hearing Board may request additional data or information to clarify the findings set forth in said study. The Zoning Hearing Board shall not approve any such special use if it determines that any traffic problem to be created by the proposed development cannot be adequately alleviated by the developer.
§ 250-27 Adult-oriented facility guidelines.
A.
Adult facilities or businesses which contain an adult facility section shall comply with the following requirements:
(1)
An adult facility shall not be located within 1,000 feet of any other adult facility.
(2)
An adult facility shall not be permitted to be located within 1,000 feet of any public or private school, day-care facility, public recreation facility or any house of worship.
(3)
No materials, merchandise, film or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.
(4)
Any building or structure used and occupied as an adult facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed, and no sale materials, merchandise, film or offered items of service or entertainment shall be visible from outside the structure.
(5)
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
(6)
If all adult facility videotape rental uses are restricted to a discrete small area of 150 square feet or less within a larger non-adult facility business, then the requirements under Subsection A(4) and (5) above only apply to that section of the business which is devoted to an adult facility videotape rental use area within the business space.
§ 250-28 Family care facility and group care facility guidelines.
A.
A family care facility and a group care facility shall meet the following general requirements:
(1)
The site shall be conveniently located in regard to those support facilities that are essential to the functioning of the specific facility. These may include public transportation, medical, educational, recreational, work opportunities, job training, social service, and/or other facilities deemed necessary for the particular use.
(2)
Each site shall be:
(a)
At least 500 feet from another such facility (such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot).
(b)
Limited to no more than one facility on either side of one street along a two-block area.
(c)
Limited to no more than one facility within a two-block area.
(d)
Approved for all applicable federal, state, county and Borough licenses and permits.
(e)
Operated so that all medical, counseling, or other services be provided for the sole benefit of those persons residing in the facility.
(f)
Subject to providing off-street parking space for the occupants plus one per employee for the maximum number of employees on any one shift.
§ 250-29 Miscellaneous use guidelines.
A.
Buffer yard, buffer strip, screening requirements. All buffer yards shall include a buffer strip with effective screening and shall comply with the following:
(1)
Width of buffer yard. The following three buffer yard widths apply to this chapter: five feet for off-street parking lots, 30 feet and 50 feet for industrial buffer yards. A thirty-foot yard shall be required when an industrial land use is proposed adjacent to a public, semipublic or quasi-public use, including park and recreation facilities. A thirty-foot buffer yard shall be required when a new nonresidential land use is proposed in a C Commercial District adjacent to a residential use located in a residential zoning district. A fifty-foot buffer yard shall be required when an industrial land use is proposed adjacent to a residential use located in a residential zoning district.
(a)
Buffer yards shall be measured from the lot boundaries except when a street is located adjacent to and within the industrial property. Buffer yards shall be measured from the inside street line of any boundary line street. Each buffer yard shall include a buffer strip with effective screening. The remainder of the buffer yard shall be landscaped as required below in Subsection A(5)(b) below.
(b)
Buffer yards shall be measured from the lot boundary line or from the near street line where a street serves as the lot boundary line. Buffer yards may not be part of an existing or future street right-of-way, but shall be in addition to that right-of-way.
(c)
The buffer yard may be combined with required side or rear yards, and in case of conflict, the larger yard (buffer or building set back requirement, whichever is greater) requirements shall apply.
(2)
Use prohibited in buffer yard. Except for fences, walls and/or a directional sign at each driveway, the buffer yard shall be a landscaped area free of structures, manufacturing or processing activity, materials storage and vehicular parking. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress.
(3)
Landscaping responsibility. All landscaping shall be the responsibility of the owner of the lot, including the installation and maintenance of all plant material.
(4)
Landscape plan. All landscaping designs shall be subject to review by the Zoning Officer prior to installation. Each applicant shall submit a planting plan to the Zoning Officer. This plan shall note a planting schedule which includes the botanical names, common names, size, quantity, and general remarks for each plant proposed. Plantings will not be approved unless they conform to the minimum standards set forth in this chapter.
(5)
Buffer yard landscaping requirements. All buffer yards shall include a dense screen planting composed of trees, shrubs, and ground cover to the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise throughout the year. Therefore, deciduous plants alone shall not be an acceptable screen. Screen planting shall be in accordance with the following requirements:
(a)
Plant materials used in the screen planting shall be of such species and size as will produce, within five years, a visual screen of at least six feet in height.
(b)
The minimum width of landscaped area for a five-foot buffer shall be three feet; the minimum width of landscaped area for a thirty-foot buffer yards shall be 20 feet; the minimum width of landscaped area for a fifty-foot buffer yard shall be 35 feet. Buffer landscaping shall include trees and shrubs alone or in combination with ground berms, fences or walls.
[1]
Buffer yards shall be planted as follows:
Minimum Required Buffer Yard Width (feet) | Minimum Number of Plant Units* Per 100 Linear Feet of Buffer | |
|---|---|---|
5 | 33 | |
30 | 80 | |
50 | 100 |
NOTES: | ||
|---|---|---|
* | Plant units: | |
One shade tree = 10 plant units | ||
One evergreen tree = 5 plant units | ||
One shrub = 1 plant unit | ||
[2]
The minimum number of plant units shall be limited to no more than three shade trees counted per 100 linear feet of thirty-foot buffer and no more than six shade trees per 100 linear feet of one-hundred-foot buffer.
[3]
Existing, healthy trees and vegetation should be preserved and may be considered as part of the buffer yard landscaping requirements. Upon review and recommendation of the Borough Engineer, the Borough Council may reduce the total buffer yard planting requirement if existing vegetation, berms, fences and/or walls accomplish the purpose of the above requirements.
(c)
The screen planting shall be so placed that at maturity, the drip edge of the plant will not be closer than one foot from any street or property line.
(d)
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(e)
Fences or freestanding walls, a soil berm or a combination of these may be required on an individual basis as a supplement or alternative to required screening. Fences or walls shall be constructed of approved materials with the finished side facing the exterior of the lot on which it is located and shall provide effective screening to a height of six feet unless otherwise required on an individual site basis by the Borough. Where fences or walls are relied upon for screening a segment of the perimeter, the fences or walls along the perimeter segment shall be broken only at points of vehicular or pedestrian access.
(f)
In circumstances where it is impractical for a screen to meet all the requirements of this section or would create an undue hardship, the Borough Council may modify the requirements or approve acceptable alternatives, which shall satisfy the spirit, objectives and intent of the screen requirements. (The buffer should serve as a barrier to visibility, airborne particles, glare and noise.)
B.
Crematoriums. Crematoriums shall be screened from any adjacent residential or commercial developed land use. Any smoke vent pipes shall be constructed according to requirements of state and local codes and shall be a minimum of five feet higher than the tallest building within 500 feet of the smoke vent pipe.
C.
Hospital, sanatoriums, private or parochial education institutions. These special uses shall be permitted only when the applicant meets all of the following guidelines, standards and requirements:
(1)
The parcel of land for this special use shall front on a major street. The major street shall have a paved cartway width of at least 40 feet. Vehicular ingress and egress for the special use shall be from a major street.
(2)
The parcel of land for the special use shall be at least 65,000 square feet in size or approximately 1 1/2 acres.
(3)
The minimum yard requirements for the special use shall be at least twice the largest minimum yards required for that zoning district.
(4)
The parcel of land shall be developed with a buffer screen strip along the inside of the property lines which face residential properties, vacant lots which are zoned to permit residential use and which could be developed for residential purposes or which face any other uses which the Zoning Hearing Board shall deem to be incompatible with the potential special use noise or land use activity.
(5)
A major traffic and parking impact study shall be prepared by the applicant. If the special use is deemed to have a major traffic and/or parking impact, then the developer must provide a plan and program to mitigate that impact.
D.
Industrial. All structures shall conform with applicable requirements and standards of the Pennsylvania Department of Labor and Industry for Fire and Panic. Adequate screening and buffer yards shall be provided to effectively screen off adjoining residential uses and adjoining areas zoned for residential use. Landscaping and planting plans for industrial developments shall be prepared and submitted to the Zoning Officer.
E.
Junkyards. Junkyards shall be screened from view from any public street and any developed lot adjacent to the junkyard. See screening standards in Article V of this chapter.
F.
Residential: townhouse, garden apartment, low-rise apartment buildings, multifamily structures.
(1)
Multifamily housing structures are permitted uses within R-2, R-3, and R-4 Districts as set forth in Schedule I,[1] provided that the central sewer and water systems are available to service the dwelling units. The requirements for multifamily housing developments within Chapter 215, Subdivision and Land Development, shall be met. Minimum lot area, lot width, yard, building height and maximum lot coverage requirements for multifamily housing structures shall be those set forth within Schedule II of this chapter.[2] In addition, it shall be required that 500 square feet of usable open space, of less than 15% slope and free of health or safety hazards be provided for each housing unit. The minimum floor area per dwelling unit shall comply with § 250-22D, Size of dwellings. Adequate screening and buffer yards shall be provided to effectively screen off adjoining nonresidential uses and to screen off any existing single-family residential structures. Landscaping and planting plans for multifamily developments shall be prepared and submitted to the Borough Planning Commission for review in compliance with Chapter 215, Subdivision and Land Development.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
[2]
Editor's Note: Schedule II is included at the end of this chapter.
(2)
All multifamily residential structures shall conform with applicable requirements and standards of the Pennsylvania Department of Labor and Industry for Fire and Panic.
G.
Resort facilities.
(1)
Any proposed resort facility should include land development proposals which are compatible with the environmental limitations of the tract. No structures should be constructed in the floodway. Any historic buildings, historic canal artifacts, nationally designated canal walkways, any architecturally significant buildings and/or any archaeologically significant sites should be identified. These sites should then be dealt with respect and should be carefully integrated into the proposed resort facility development plan.
(2)
A major traffic and parking impact study shall be prepared by the applicant. If this special use is deemed to have a major traffic and/or parking impact, then the developer must provide a plan and program to mitigate that impact.
H.
Sanitary landfills. The State Department of Environmental Protection regulations and/or standards for siting sanitary landfills shall be used as guidelines for Zoning Hearing Board approval.
§ 250-30 Provisions for wireless telecommunications, towers and antennas.
A.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. This section shall not govern any tower, or the installation of any antenna:
(4)
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered to be one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array as of right.
B.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot, except that no antenna or tower shall be permitted in a residential district.
(2)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with zoning district regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of applicant's existing towers, antennas, or sites approved for towers or antennas, that are either within the boundaries of the Borough of Northampton or within one mile of the border thereof, including specific information about the locations, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for permits under this chapter or other organizations seeking to locate antennas within the boundaries of the Borough of Northampton; provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Visual impact requirements. Towers and antennas shall meet the following requirements:
(a)
Minimum height. The applicant shall request the minimum tower and/or antenna height above ground level required to fulfill its technological function.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other federal agency with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling federal or commonwealth agency law or regulation. Failure to bring towers and antennas into compliance with such revised standards and regulations shall be a violation of this chapter.
(7)
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in all applicable Northampton Borough ordinances, including building and property maintenance, and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, Northampton concludes that a tower: fails to comply with such codes and standards; and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna, at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setback and separation distances shall be calculated and applied to facilities located in and outside Northampton Borough, irrespective of municipal and county jurisdictional boundaries.
(9)
Not essential services. Towers and antennas shall be regulated or permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.
(10)
Franchises. Owners and/or operators of towers or antennas shall certify in writing under oath to the Borough that all franchises required by law for the construction and/or operation of a wireless communication system in Northampton Borough have been obtained, and shall file a copy of all required franchises with the Zoning Officer.
(11)
Signs. No portion of any tower or related structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone number, banners, streamers, etc.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of this subsection. No building or facility may be used as an office or as a broadcast studio. No building or facility may be used for long-term vehicle storage or for other outdoor storage. There shall be no employees located on site. The facility may only be visited for routine maintenance and emergency repair. A minimum of two off-street parking spaces shall be provided for a tower. The parking shall conform to the parking standards of this chapter. Adequate emergency and service access shall be provided. Access roads shall comply with Chapter 215, Subdivision and Land Development. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(13)
Multiple antenna/tower plan. Northampton Borough encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(14)
District requirements.
(a)
Antennas shall not be permitted in any open space residential district, CO Conservancy District, R-1 Residential District, R-2 Residential District, R-3 Residential District, R-4 Residential District, C-1 Commercial Transition District or C-2 Commercial District.
(b)
Towers or antennas shall be allowed by special exception in I-1 Industrial District and I-2 Industrial District.
(c)
Natural and historic preservation. Any tower or antenna shall comply with all natural resource preservation ordinances. In addition, no tower or antenna shall be located on a building or structure that is listed on a historic register, or is in a historic district.
(15)
Demonstration of need.
(a)
Unique site. The applicant shall demonstrate, using technological evidence, that the tower or antenna must go where it is proposed in order to satisfy its function pursuant to the company's technological requirement.
(b)
Good faith effort. Prior to proposing the construction of a new tower, the applicant shall demonstrate that a reasonable effort has been made to site the antenna on an existing structure within close proximity of the chosen site. At all times, shared use of existing towers shall be preferred to the construction of new towers. In addition, documentation shall be provided to show that the applicant has contacted by certified mail, return receipt requested, all tower owners within a one-mile radius of the proposed site and give the physical and/or financial reasons why shared usage is not practical.
(16)
Visual impact assessment. The applicant shall be required to undertake a visual impact assessment on any proposed new tower or any proposed modification to an existing tower to include:
(a)
A Zone of Visibility Map, provided in order to determine locations where the proposed tower or antenna may be seen.
(b)
Pictorial representations of "before" and "after" views from key viewpoints, both inside and outside of the Borough, where the proposed tower or antenna may be seen.
(c)
Assessment of alternative tower design and color schemes.
(d)
Assessment or the visual impact of the tower base, accessory buildings, and overhead utility lines from abutting properties and streets.
C.
Permitted uses. Antennas or towers located on property owned, leased, or otherwise controlled by the Borough are deemed permitted without further zoning approval, provided that the Borough has, in its sole discretion, entered into a license or lease for the same with third parties setting forth the criteria for occupancy.
D.
Antenna collocation.
(1)
Height.
(a)
An existing tower may be modified or rebuilt to a greater height, not to exceed 30 feet over the tower's existing height, to accommodate the co-location of an additional antenna.
(2)
On-site location.
(a)
A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.
(b)
After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
(c)
A relocated on-site tower shall continue to be measured from the relocated tower location for purposes of calculating separation distances between towers pursuant to this chapter.
(d)
The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in this chapter shall not be permitted.
E.
Special exceptions.
(1)
General. The following provisions shall govern the issuance of special exceptions for towers or antennas by the Zoning Hearing Board:
(a)
Construction of a tower or placement of an antenna may only be permitted by special exception in the permitted districts. Otherwise, towers and antennas shall not be authorized in Northampton Borough.
(b)
Applications for special exception under this subsection shall be subject to the procedures and requirements of this chapter, except to property owned by the Borough.
(c)
In granting a special exception, the Zoning Hearing Board may impose conditions to the extent the Zoning Hearing Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer, as appropriate within such engineer's competence.
(e)
An applicant for a special exception shall submit the information described in this chapter and a nonrefundable fee as established from time to time by resolution of the Borough Council.
(2)
Tower.
(a)
Information required. In addition to any information required for special exception applications generally, applicants for a special exception for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning classification of the site and all properties within the applicable separation distances set forth in this chapter, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and such other information deemed by the zoning officer to be necessary to assess compliance with this chapter.
[2]
Legal description of the subject tract or parcel.
[3]
The setback distance between the proposed tower and the nearest residential unit, the nearest property lines of platted residentially zoned property, and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to this chapter shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
[7]
A sworn and notarized affidavit by the applicant of compliance with all sections of this chapter and all applicable federal, state or local laws.
[8]
A sworn and notarized affidavit by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[9]
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in Northampton Borough.
[10]
A description of the suitability of the use of existing towers, other structures, or alternative technology not requiring the use of towers or structures, to provide the services to be provided through the use of the proposed new tower.
[11]
A description of the feasible location(s) of future towers within Northampton Borough based upon existing physical, engineering, technological or geographical limitations, in the event that the proposed tower is erected.
[12]
Accommodation of future users. All towers permitted after the effective date of this chapter must be engineered to provide the structural capacity and the space necessary to accommodate additional new users. The plans submitted to the Zoning Officer shall clearly indicate which portion(s) of the tower which will be reserved to future users.
[13]
Borough Emergency Communications Network. In addition to providing the structural capacity and space to accommodate future commercial users, the applicant must also dedicate space on the new tower to be used by the Borough Emergency Communications Network. The plans submitted to the Borough shall clearly indicate which portion(s) of the tower that shall be dedicated, free of charge, to the Borough for this purpose.
(b)
Factors considered in granting special exception for towers. In addition to any standards for consideration of special exceptions generally, the Zoning Hearing Board shall consider the following factors in determining whether to issue a special exception:
[1]
Height of the proposed tower, which shall not exceed 200 feet;
[2]
Proximity of the tower to residential structures and residential district boundaries;
[3]
Name of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
[7]
Proposed ingress and egress;
[8]
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers and structures, as discussed in this chapter;
[9]
Demonstration of need requirement as set forth in this chapter.
(c)
Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Hearing Board that no existing tower, structure, or alternative technology that does not require the use of new towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Zoning Hearing Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1]
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
[4]
The applicant's proposed antenna would cause unacceptable electromagnetic interference with the antenna on the existing towers or structures would cause unacceptable interference with the applicant's proposed antenna.
[5]
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative technology that does not require the use of towers or structures (such as a cable micro-cell network using multiple low-powered transmitters/receivers attached to a wireline system) is unsuitable. However, costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(d)
Setbacks. The following setback shall apply to all towers for which a special exception is required:
(e)
Separation. The following separation requirements shall apply to all towers and antennas for which a special exception is required:
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[b]
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1 | ||
|---|---|---|
Off-site Use/Designated Area | Separation Distance | |
Single-family or duplex residential units. Includes modular homes and mobile homes used for living purposes. | 200 feet or 200% height of tower, whichever is greater | |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower, whichever is greater. Separation measured from base of tower to closest building setback line. | |
Vacant unplatted residentially zoned lands. Includes any unplatted residential use properties without an approved, preliminary subdivision plan or other valid development plan approval, and any multifamily residentially zoned land greater than duplex. | 200 feet or 200% height of tower, whichever is greater | |
Existing multifamily residential units greater than duplex units | 200 feet or 200% height of tower, whichever is greater | |
Nonresidentially zoned lands or nonresidential uses | 100% of the height of tower | |
[2]
Separation distances between towers.
[a]
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the center of the base of the existing tower and the center of the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
[b]
Table 2:
Table 2 — Existing Towers — Types | ||||
|---|---|---|---|---|
Lattice | Guyed | Monopole 75 Feet in Height or Greater | Monopole Less Than 75 Feet in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole less than 75 feet in height | 750 | 750 | 750 | 750 |
(f)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height, with an appropriate anticlimbing device.
(g)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required:
[1]
An evergreen screen can be required to surround the tower and any other ground-level features such as a building. The screen can be either a hedge (planted three feet on center maximum), or a row or evergreen trees (planted 10 feet on center maximum) and shall blend with existing vegetation to the greatest extent possible. The evergreen screen shall be a minimum height six feet at planting, and shall grow to a minimum of 15 feet at maturity.
[2]
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
F.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or eight feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building, the area or the equipment structure and other equipment and structures shall not occupy more than 20% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all applicable building codes, as amended from time to time.
(2)
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following. In permitted districts, the equipment cabinet or structure shall be no greater than 10 feet in height or 200 square feet in gross floor area. The structure or cabinet shall be screened by a dense planting screen with an ultimate height of at least six feet. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by an opaque fence eight feet in height minimum or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(3)
Antennas located on towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
G.
Removal of abandoned antennas and towers.
(1)
Any antenna or tower that is not operated and for which there is no intent or attempt to operate, for a continuous period of time of 12 months, shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days after receipt of notice from Northampton Borough notifying the owner of such abandonment. Failure to remove abandoned antenna or tower within said ninety-day period shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users have abandoned the tower or antenna. A sum sufficient to cover the cost of removal must be posted as cash escrow or acceptable equivalent with the Borough. The amount required shall be determined in the sole discretion of the Zoning Hearing Board based upon the unique characteristics of the tower or antenna or site. The applicant and/or owner shall cooperate with the Zoning Hearing Board in supplying all necessary construction data to the Zoning Hearing Board prior to the approval of any application. Cost estimates shall be reviewed by the Borough Engineer with the applicant to pay said fees.
(2)
Annual certification and permit. In January of each year, an inspection shall be performed by an independent engineer acceptable to the Borough and paid by the applicant, and verification shall be provided to the Zoning Officer that there have been no changes in the operating characteristics of the tower or antenna as approved at the time of the special exception application including, at a minimum:
(a)
Direction of the signal;
(b)
Frequency, modulation, and class of service;
(c)
Transmission and maximum effective radiated power;
(d)
Manufacturer, type and model of equipment;
(e)
Height of the antenna or tower;
(f)
Name, address and emergency telephone number of the operator;
(g)
Copy of the current FCC license;
(h)
Review of all reasonable requests of shared use of the tower.
H.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion or a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue their use as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding the above, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt in like kind without having to meet the separation requirements specified in subsections of this section. The type, height, and location of the tower on site shall be of the same type and intensity of array as the original facility approval. Building permits to rebuild the tower or antenna shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the tower or antenna is damaged or destroyed. If no permit is obtained or if said permit expires, then the tower or antenna shall be deemed abandoned.