Palmer Township City Zoning Code
ARTICLE IX
Additional Requirements for Specific Uses
§ 190-901 Process for uses permitted by right.
Each use that is listed in the applicable zoning district as a permitted-by-right use and that also is listed in this Article IX shall comply with the provisions in this article in addition to the other requirements of this ordinance. If two requirements specifically differ, the most restrictive requirement shall apply. The determination of compliance shall be made by the Zoning Officer. A site plan submission and review may also be required under § 190-811, Site plan review procedures for specific uses.
§ 190-902 Process for conditional uses.
A.
Purpose. Before a zoning permit can be issued for any use listed as a conditional use in this ordinance, a site plan shall be submitted and the proposed use shall be reviewed by the Planning Commission and approved by the Township Board of Supervisors. This procedure is provided because of the considerable impact that these uses tend to have on a community.
B.
Procedure.
1.
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Board of Supervisors is obtained.
2.
All applicants for a conditional use shall submit four sets of site plans for the proposed use to the Township as part of the application for a zoning permit.
3.
All site plans shall contain the information listed in § 190-811, Site plan review procedures for specific uses, unless otherwise stated. The site plan requirements may be waived by the Township for uses not involving new construction or expansion of buildings nor additional off-street parking.
4.
The Planning Commission and Township Engineer shall be given an opportunity to provide written recommendation to the Board of Supervisors concerning whether to approve, conditionally approve or disapprove the application. Such action may list proposed conditions. If disapproval is recommended, the reasons should be stated. Any recommendation of the Planning Commission shall be provided to the Board of Supervisors and be mailed to the last known address of the applicant or hand delivered to the applicant.
5.
The conditional use applications shall be scheduled for a hearing at a regularly scheduled meeting of the Board of Supervisors within 60 days of the date that the applicant filed his application for conditional use with the Township. The Board of Supervisors shall review the submission and the recommendations of the Planning Commission and Township Engineer, along with any other evidence presented at the time of hearing. At the close of the hearing, the Board of Supervisors may decide to either approve the application, disapprove the application, or approve the application with conditions imposed. The hearing shall be stenographically recorded.
6.
The decision of the Board of Supervisors shall be in writing and shall be mailed to the applicant by ordinary mail at his or her last known address not later than 45 days following the decision.
7.
The applicant shall pay an application fee, as well as a deposit, in accordance with the official fee schedule, to be held in escrow to cover the costs of a stenographer, advertising costs and other reasonable costs incurred with having the plan reviewed by the Township Planning Commission, the Township Engineer, and Board of Supervisors. In addition, if an applicant appeals from the decision of the Board of Supervisors, the applicant shall be responsible for paying for the costs of having a transcript of that hearing produced and the Township shall pay for the cost of having any copies made. (Fees to be set by resolution of the Board of Supervisors.)
C.
Approval of conditional uses.
1.
Standards. The Board of Supervisors shall approve a proposed conditional use if the Supervisors find adequate evidence that any proposed use will meet:
2.
Conditions. In granting a conditional use, the Board of Supervisors may require such conditions and safeguards (in addition to those expressed in this ordinance) as the Supervisors may deem necessary to implement the purposes of this ordinance and to protect the public health and safety and to ensure compatibility between differing land uses.
3.
Any additional standards that are needed to protect public health, safety, and welfare or to address unique characteristics of a particular lot defined by the Township shall be complied with by the lot owner and/or developer. Where the evaluation and assessment of how the proposed processes, operations and/or hazardous substances may threaten the public health, safety and environmental requires knowledge of technologies and scientific disciplines beyond the familiarity of the Township then the applicant may be required to provide the Township with an written assessment of the hazards associated with the proposed project. Such report shall review potential public health, safety and environmental hazards from the use and suggest methods to minimize such hazards. The burden of proof shall be upon an applicant to prove that the use will not create hazards to the public health, safety or environment. This report would be included in the documents reviewed by the Township's engineer and/or environmental consultant.
D.
General standards. Each conditional use shall comply with all of the following general standards:
1.
Conform with the spirit, purposes, intent and all applicable requirements of this ordinance.
2.
Conform with all applicable provisions of all other Township ordinances.
3.
Conform with all applicable state and federal laws, regulations and requirements as evident by said agencies issued permit and/or letter of approval.
4.
Be suitable for the particular location in question.
5.
Not be detrimental to the public health, general welfare, safety or morals.
6.
Not threaten significant damage to public or private property from inadequate or improper stormwater management. This condition shall not be basis of a decision under the zoning ordinance if the use will be required to have a detailed stormwater management plan approved by the Board of Supervisors under the Subdivision and Land Development Ordinance.
7.
Not significantly adversely threaten the desirable character of an existing residential area.
8.
Not threaten a significant fire, explosive, public health or toxic hazard or other hazard to public safety.
E.
The following criteria shall be used as a guide in evaluating a proposed conditional use:
1.
The presence of adjoining similar uses.
2.
The presence of an adjoining zoning district in which the use is permitted.
3.
Sufficient area and topography to effectively screen the conditional use from adjacent uses that are not completely compatible.
4.
A lack of negative impacts on existing or potential permitted uses of the district or neighboring areas, especially on abutting or adjacent lots.
5.
The use of sufficient safeguards such as parking, traffic control, screening and setbacks to resolve any potential adverse influences the use may have on adjoining uses.
7.
Results and recommendations identified on the completed Environmental Impact Study associated with the lot(s).
F.
Road capacity, as a condition.
1.
Intent.
a.
To ensure that the existing road network is able to handle additional traffic from intensive types of development. This section recognizes that state and federal funds are limited for road improvements. This section is specifically based upon the findings, goals, objectives and recommendations of the Township Comprehensive Plan.
b.
This section specifically recognizes the threat of traffic hazards that could be created by new left-hand turns onto minor arterial roads at access points without traffic signals. It also recognizes the many existing congested and hazardous intersections as described in the transportation section of the Palmer Township Comprehensive Plan.
2.
A traffic impact study shall be required of a scope approved by the Township Engineer.
3.
A pavement analysis shall be required of a scope approved by the Township Engineer, for any use that proposes traffic and/or parking of trucks with four or more axles.
4.
The provisions of § 165-59M, entitled "Required traffic improvements," of the Township Subdivision and Land Development Ordinance, shall also apply to any conditional use that involves construction of one or more new principal buildings.
5.
The Board of Supervisors shall review any professional traffic studies and pavement analyses that are presented. If these studies provide substantive evidence that the existing road system is unable to handle the projected traffic at an acceptable level or that very serious traffic hazards would be created, the Supervisors, after reviewing any recommendations of the Palmer Township Planning Commission, the Lehigh Valley Planning Commission, and the PA Department of Transportation, may deny a conditional use application.
6.
In reviewing the ability of the road system to handle the projected traffic, the Supervisors shall also consider commitments by a development to partially or wholly fund needed roadway and/or pavement improvements or upgrades that would provide the needed road capacity and safety. Such improvements may be funded in stages relating directly to the stages of a development, with adequate provisions for improvement guaranties.
§ 190-903 Process for special exception uses.
A.
Purpose. The special exception process is designed to allow careful review of uses that could cause some potential conflicts with adjacent uses or areas.
B.
Procedure.
1.
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Zoning Hearing Board is obtained.
2.
All applicants for a special exception use shall submit site plans for the proposed use to the Zoning Hearing Board as part of the application for a zoning permit. All site plans shall contain the information required in § 190-811, Site plan review procedures for specific uses.
3.
The Zoning Officer shall, prior to the next regularly scheduled Zoning Hearing Board meeting, review the plan to determine compliance with this ordinance and submit a written report to the Zoning Hearing Board. The Zoning Officer shall forward the site plan to the Board of Supervisors for a written recommendation to the Zoning Hearing Board concerning whether to approve, conditionally approve or disapprove the application.
4.
The Board shall not decide the case without reviewing any reports received from the Zoning Officer and the Board of Supervisors that may have been received. If such reports are not made, the Board may still hold the hearing and decide the request.
6.
The decision of the Board shall be in writing and shall be communicated to the applicant by regular mail or in person within 45 days of the close of the hearing before the Zoning Hearing Board.
7.
The applicant shall pay an application fee, as well as a deposit, in accordance with the official fee schedule to be held in escrow to cover the costs of a stenographer, advertising costs and other reasonable costs incurred by the Township.
C.
Approval of special exception uses.
1.
The Zoning Hearing Board shall approve any proposed special exception use if it finds adequate evidence that the use will meet:
2.
In granting a special exception, the Board may require such conditions and safeguards (in addition to those expressed in this ordinance) as the Board may deem necessary to implement the purposes of this ordinance and to protect the public health, safety, and welfare to address unique characteristics of a particular lot defined by the Township and to ensure compatibility between differing land uses.
D.
Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this ordinance.
§ 190-904 Specific regulations for principal and accessory conditional and special exception uses.
B.
Specific to accessory uses.
1.
In general. An accessory use on the same lot and reasonably customarily incidental to a permitted principal use is permitted by right, except as otherwise provided in this ordinance.
2.
Yard requirements. Every accessory use shall comply with the yard and coverage regulations for the district in which it is located, except as otherwise specifically provided in this ordinance.
§ 190-906 Adult day-care center.
A.
The use shall be fully licensed by the state, if applicable. For uses serving senior citizens, see State Department of Aging Regulations for Older Adult Daily Living Centers.
B.
The use shall include constant supervision during all hours of operation.
C.
The use shall include 50 square feet of interior floor space for each person cared for.
D.
The use shall not meet the definition of a treatment center.
E.
The density shall not exceed more than one resident per 100 square feet of the total lot area.
F.
The use shall not be related to rehabilitation of convicted felons, treatment of criminally insane or treatment for serious drug or alcohol addiction.
G.
Hours of operation shall be no earlier than 6:00 a.m. and no later than 12:00 a.m.
H.
A loading area shall be included for safe and convenient dropoff and pickup.
§ 190-907 Adult-oriented establishment.
B.
No exterior changes, excluding maintenance, to a building proposed to be used for an adult business use shall be made without the approval of the Board of Supervisors.
C.
All new construction shall be in keeping with the scale and architectural styles of the buildings surrounding the site proposed for an adult business use.
D.
Not more than one type of adult business use, as defined herein, may operate on any lot.
E.
Advertisements, displays or other promotional materials of specified sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from the exterior of the building.
F.
No openings are permitted through walls that separate private viewing booths.
G.
All applications for an adult business use shall be accompanied by a land development plan, including a site plan. The minimum information required on the land development plan shall include, in addition to the requirements of the Township's Subdivision and Land Development Ordinance:
H.
Signs and other visible messages. In addition to the regulations of the Article VII, Signs, and applicable state laws, the following shall apply to all adult business uses:
I.
Sign messages shall be limited to written descriptions of material or services available on the premises.
J.
Sign messages may not include any graphic or pictorial depiction of material related to specific sexual activities or specified anatomical areas.
K.
Locational requirements.
1.
No adult business use shall be located within 1,000 feet of any other existing adult business use measured from the nearest point of the property on which the use is to be located to the nearest point of the parcel or property from which the use is to be separated.
2.
No adult business use shall be located within 1,000 feet of any lot on which the following uses are located as measured from the nearest point of the property on which the adult business use is to be located to the nearest point of the parcel or property from which said use is to be separated.
a.
Any stand-alone residential structure (excludes commercial buildings with accessory residential units).
b.
Churches, monasteries, chapels, synagogues, convents or rectories or any other place of worship.
c.
Schools, up to and including the twelfth grade, day-care centers, and their adjunct play areas.
d.
Public or private playgrounds, parks, swimming pools and libraries.
e.
Premises licensed to sell alcoholic beverages.
3.
In addition, no adult business shall be located within 1,000 feet of lots which are owned by a school, place of worship or public agency, as measured from the nearest point of the property on which the adult business use is to be located to the nearest point of the parcel or property from which the use is to be separated.
L.
A buffer yard complying with the standards of § 190-804, Special lot and yard requirements, sight distance and buffer yards, shall be provided. Such buffer yard may be incorporated into any earth berm. In addition, the Township's corridor overlay district requirements shall apply where applicable.
M.
Statement of ownership. Applications for a conditional use permit for an adult business use shall include a statement providing specific information on each individual, partner, limited partner, corporate officer, corporate stockholder owning more than 3% of the issued and outstanding stock of a corporate applicant, or corporate director comprising the applicant as follows:
1.
Name, residence address and Social Security Number.
N.
Termination or modification of conditional use permit.
1.
When a conditional use permit for an adult business use is authorized by the Board of Supervisors, the continuation of such use shall be dependent upon the conditions established under the permit and this chapter. In the event of a change of conditions or noncompliance with conditions, the Board of Supervisors and the Township Zoning Officer shall have the authority to terminate or revoke the conditional use permit.
2.
A conditional use permit may be modified subject to the criteria and procedures established in this chapter.
§ 190-908 Airport.
A.
This use shall include air landing strip, hangars, incidental maintenance and repair, and storage of fuel, provided the other regulations in this section are met.
B.
Minimum lot area: 30 acres.
C.
The outside limits of the air landing strip shall be located 300 feet from any property line and from any public road.
D.
Runways shall be oriented to minimize the hazards and disturbances posed by aircraft during takeoff and landing.
E.
The applicant shall show compliance with all regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation (PennDOT), Bureau of Aviation, and shall have the approval of that agency and of any other airstrip licensing agencies of the federal or state government and the provisions of Section 706 of the Airport Area Protection Standards.
F.
The flight paths proposed must be such that a noise hazard will not be created to existing residences or approved residential developments. The determination of what constitutes a noise hazard shall be according to accepted standards in the industry.
G.
No activity shall be permitted which will violate any Township ordinances or any requirements from the FAA or PennDOT addressing noise, dust, dirt, electrical disturbance, hazards or other nuisances.
H.
The end of any runway shall be a minimum of 1,000 feet from any existing residential lot line.
I.
All buildings associated with the airport, including hangars, landing pads, warmup pads, refueling facilities, lights, etc., shall be placed at least 100 feet from the property line of the lot.
J.
The applicant must show that the proposed facility will not threaten the character of an existing residential neighborhood.
K.
The Board of Supervisors may place restrictions on the hours of operation, maximum number of operations, and approach/departure paths as are deemed necessary, provided that such restrictions do not conflict with federal or state safety regulations.
L.
The conditional use application shall show the following information:
1.
The approximate location, use, and height of all structures within 2,600 lineal feet of the ends of landing strips and within 1,200 lineal feet of the side of landing strips.
2.
The exact location of landing strips and the use and height of structures on the immediate property.
3.
The anticipated types of aircraft to be accommodated and the number of operations contemplated.
4.
Plans for lighting and fuel handling shall be submitted, along with any associated liability insurance policies.
5.
A map and list of any objects deemed to be hazards to air navigation.
6.
Copies of all required applications to, correspondence with, and approvals from state and federal agencies for the regulation of aircraft and the design, construction, or alteration of airport facilities shall be supplied to the Township, including a copy of the proposed airport's license from PennDOT.
M.
Lighting shall be shielded away from adjacent properties and streets.
N.
The applicant shall submit a report from a reputable acoustic or aviation consultant showing the computer prediction model developed by the FAA referred to in 14 CFR Part 150, § A150.103.
O.
The applicant shall submit proof of liability insurance in an amount not less than $5,000,000 for any one accident or occurrence.
P.
No takeoffs or landings shall occur between the hours of 9:00 p.m. and 6:00 a.m.
§ 190-909 Bed-and-breakfast use.
A.
No more than 10 bedrooms may be available or used for such use in any building and each guest room may provide lodging for up to two individuals, unless children under the age of 16 years are accompanying the guests, and in no instance shall the total number of guests in a bed-and-breakfast use exceed 30.
B.
Not more than one ground sign shall be permitted on the lot. The maximum permitted sign area shall be 10 square feet.
C.
Service meals shall be limited to breakfast only to overnight guests of the facility.
D.
All required off-street parking spaces shall be provided on the lot. The number of off-street parking and loading spaces shall be provided as defined by this ordinance. All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.
E.
The owner and/or manager of the facility shall reside therein.
F.
A guest shall not occupy the facility for more than 14 nights in a thirty-day period.
G.
This use shall only include an event-renting facility for a maximum of seven days in any month to any person(s).
§ 190-910 Beverage production uses.
A.
Beverage production uses shall be subject to the following lot size and development scale regulations:
1.
If a microbrewery use is situated on its own lot, the minimum lot area for the use shall be 3,000 square feet. If the use occupies a tenant space or series of tenant spaces that are part of a multi-tenant building, the minimum building square footage associated with the use shall be 1,200 square feet.
2.
If a large brewery, limited winery, cidery, distillery or limited distillery use is on its own lot, the minimum lot area shall be that of the district. If the use occupies tenant space or a series of tenant spaces that are part of a multi-tenant building, the minimum building square footage associated with the use shall be 1,500 square feet.
B.
Limited wineries and cideries shall be subject to the following provisions:
2.
Agricultural zoning districts.
a.
The limited winery or cidery shall be located on premises used for agriculture purposes.
b.
The limited winery or cidery shall be operated in connection with the processing of wine grapes or apples grown on the premises. Production of beverage products may be supplemented by purchased grapes, apples or juice.
c.
For every 5,000 standard cases or equivalent volume of wine or cider produced, there shall be at minimum one acre of vineyard or orchard planted on the premises.
d.
The limited winery or cidery may include a tasting room.
e.
Access to the premises and accessways within the premises shall be designed to the satisfaction of the Township, County and/or Commonwealth as applicable and shall comply with applicable road and driveway standards and requirements. Ingress and egress shall be clearly marked and visible, and turning movements into the premises shall not create congestion or unnecessary slowing at access points. The ingress and egress shall be paved 20 feet inward from the juncture of a state or Township road.
f.
Existing roads shall be utilized to the maximum extent feasible in order to minimize grading, site disturbance, and the loss of agricultural land.
g.
The visibility of parking areas associated with the limited winery or cidery from public roads shall be minimized through the use of landscaping and other devices.
h.
The required number of parking spaces shall be permanently maintained on the winery or cidery premises. The Township may modify the number of required spaces based on site-specific considerations. Oversized parking spaces to accommodate bus/limousine parking are only required for wineries and cideries that are open for public tours.
C.
Outdoor areas shall be sufficiently screened and isolated so as to provide a buffer to adjacent residences from inappropriate noise, light and other disturbances.
D.
Any conditions imposed upon the establishment related to proximity from any specified land uses shall be set forth by Title 47, the Pennsylvania Liquor Code, as amended, and the Pennsylvania Liquor Control Board.
E.
Retail sales of beverage products shall be limited to those produced by the operator of the brewery, limited winery, cidery, or limited distillery or produced, bottled, or grown on the premises.
F.
All applications for a conditional use permit shall be accompanied by a land development plan submitted for approval.
§ 190-911 Billboard.
A.
Billboard signs shall be permitted only within zoning districts specified by this chapter and must be the principal use to which the property is devoted. There shall be no more than one billboard sign on any premises at any one time.
B.
Billboards shall be freestanding, ground-mounted, post-supported displays which have no structural contact with any building or other structure.
C.
The maximum surface area of the sign shall be 400 square feet per side. Billboards shall have a maximum of one sign face per structure if one-sided or two sign faces per structure if two-sided.
D.
The maximum height of the sign shall be 22 feet, measured from the natural ground to the top of the sign. The maximum height and size requirement governing freestanding signs as defined by this ordinance shall not apply to billboard signs.
E.
Billboard that are not located at the grade of the arterial street they are located along shall be located so as to be no higher than 40 feet above the curb of the street from which they are intended to be viewed.
F.
No billboard shall be placed within 750 feet of any property within a residential district classification or any public or private school property, park, library or place of worship when the display face to the billboard will be visible therefrom. This required distance shall be measured along the frontage of the street or highway on which the billboard is located.
G.
No part of any billboard shall be located closer than 15 feet to any street right-of-way.
H.
No billboard shall be erected closer than 1,000 feet to any other existing or proposed billboard.
I.
Billboard shall be either nonilluminated or indirectly illuminated, provided that all lighting is shielded and directed in a downward direction from the top of the sign toward the ground.
J.
The location of a Billboard shall not obstruct visibility of any other business sign nor shall it obstruct visibility for traffic entering or leaving any property or traveling on any street.
K.
Landscaping requirements.
1.
A decorative landscaped strip shall be located immediately adjoining the supporting structure of the Billboard sign and extending a minimum of five feet from the Billboard in all directions.
2.
A hedge or other durable planting of at least two feet in height, shall extend the entire length and breadth of the required landscaped strip.
3.
The rear side of a single-faced Billboard sign shall be of one color and screened by existing or natural landscaping material or by an evergreen planting at least six feet tall and extending the length of the Billboard.
4.
Two flowering trees a minimum of six feet in height shall be planted within the required landscaping strip.
L.
The following additional requirements apply for digital billboards:
1.
An existing billboard sign shall only be permitted to be converted to a digital sign if:
2.
Where applicable, such billboard signs shall be located, constructed and maintained in accordance with all applicable Pennsylvania Department of Transportation regulations, in addition to all Palmer Township regulations. Where there is a conflict between regulations, the more restrictive regulation shall apply.
3.
An engineering certificate shall accompany any application for a digital billboard sign. The certification shall indicate under seal of a professional engineer licensed in the Commonwealth of Pennsylvania that the sign has been designed in accordance with acceptable engineering practices.
4.
Prior to a permit being issued, the applicant shall provide, in a form acceptable to the Township Solicitor, proof that the property owner and licensee or other person in control of the sign consents to the removal of the billboard sign at their own expense if no advertising is located on it or the sign otherwise ceases to be used for a period of three consecutive months.
5.
The applicant shall be required to permit and coordinate message access for local, regional, state and national emergency services during emergency situations.
6.
The Board of Supervisors may impose additional conditions as part of any approval of a billboard digital sign.
7.
Solar energy systems shall be incorporated as a power source for all digital billboard signs.
§ 190-912 Boardinghouse or rooming house.
A.
Minimum lot area: two acres.
B.
Minimum setback from all lot lines: 50 feet.
C.
Minimum lot width: 150 feet.
D.
Maximum density: five bedrooms or 10 persons per acre, whichever is more restrictive.
E.
Each sleeping room shall be limited to two persons, with a maximum of three persons of any age per sleeping room.
F.
Parking: one off-street space per adult resident.
G.
Interior space: a minimum of 300 square feet of interior floor space per resident.
H.
Maximum number of residents: 20.
I.
Shall comply with all requirements of 28 Pa. Code Chapter 20.
§ 190-913 Brewery/brew pub/tap room.
A.
The establishment shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
B.
Such establishment shall not remain open and/or transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time of each day. For a brewery/brew pub/tap room located within 500 feet of a residence or place of worship, no outdoor events shall take place on Sunday.
C.
No more than one identification sign shall be permitted. The identification sign must conform to Article VII, Signs, of this ordinance for the zoning district in which it exists.
D.
Tasting rooms and brew pubs/tap rooms shall be clearly accessory, incidental and subordinate to the primary operation of the beverage production facility.
E.
The primary focus of the tasting room or brew pub/tap room shall be the marketing and sale of beverage products produced in accordance with the provisions of the Pennsylvania Liquor Control Board. Sales of souvenirs and clothing bearing the logo of the business, as well as related items and other products that reflect or enhance the character or theme of the beverage production business may also be offered for sale.
F.
Parking space requirements shall be determined using the parking ratio applicable to Restaurants and Bars, as specified in Article VI, Off-Street Parking and Loading.
G.
Exterior lighting fixtures shall be of a low intensity, low glare design and shall be shielded with full cutoff design and directed downward to ensure that neither the lamp nor the related reflector interior surface is visible from a location off of the premises in order to prevent spill over onto adjacent lots under separate ownership. Exterior lighting shall not be installed or operated in a manner that would throw light, either reflected or directly, in an upward direction. All off-street parking areas shall reduce exterior lights from standard operating power to half-power after 10:00 p.m.
H.
To minimize conflicts and promote public health and safety, the storage of palettes, loading-related equipment and production-related materials shall be contained within an enclosed and covered structure that is connected to the principal building.
I.
Storage and production activities shall be located within the principal building. The combined square footage associated with storage and production shall not exceed 50% of the gross square footage of the principal building.
J.
Based upon the extent of delivery/truck traffic associated with the use, the Township may require a loading space to be provided. The location of such space shall be designated to minimize impact to surrounding land use(s) and circulation of vehicles and pedestrians.
K.
The establishment shall not have a drive-through facility.
L.
Outdoor seating areas.
1.
A designated outdoor seating area, designed to be integral with the principal building, is permitted and shall be no larger than 10% of the entire lot and shall be only accessible through the inside of the facility.
2.
The outdoor seating area shall be fully enclosed by fencing or landscaping and shall comply with all standards as required by the Pennsylvania Liquor Control Board.
3.
The outdoor seating area shall only be located within the side or rear yards of the lot.
4.
The outdoor seating area shall comply with all setback regulations required for the principal building and zoning district.
§ 190-914 Bus shelter.
§ 190-915 Campground.
A.
The minimum lot area shall be two acres and the maximum number of campsites shall be 30 campsites.
B.
Use shall have a maximum impervious coverage of 10%.
C.
Such use shall provide a minimum area of 1,200 square feet per each campsite for tent or recreational vehicle.
D.
Such use shall provide public water and sewer facilities in accordance with all applicable regulations by Palmer Township Sewer Authority.
E.
No loudspeaker or amplifying device shall be permitted which would project perceptible sound in excess of the noise levels of § 190-510, Noise control, of this ordinance.
F.
The lighting shall not be perceptible beyond the property lines.
G.
Sleeping quarters or tent sites shall not be within the 100-year floodplain.
H.
Off-street parking: there shall be one parking space for each campsite, plus one parking space for each employee.
§ 190-916 Cemetery/cemetery, animal.
A.
Area and bulk regulations.
1.
The minimum lot size shall be 10 acres.
2.
The side yard for all accessory buildings shall be the same as that required for buildings in the zone in which the cemetery is located.
3.
A twenty-foot buffer strip unoccupied, except for landscaping and walkways, shall be provided between the building or burial site and the cemetery property line.
4.
All structures and grave sites shall be set back a minimum of 50 feet from a residential lot line, 10 feet from any internal driveway and 20 feet from any other lot line.
§ 190-917 Child day-care center (as a principal use).
A.
All day-care centers shall be licensed by the Pennsylvania Department of Public Welfare and must operate in accordance with the requirements of the Department. This requirement is a condition of occupancy.
B.
No day-care center shall be located within a 2,500-foot radius of another day-care center.
C.
Any outdoor recreational areas on the property shall be no closer than 30 feet to an abutting street or 10 feet to any other property lines. They shall be fenced with a self-latching gate or otherwise secured.
D.
Vehicular access and off-street areas for discharging and picking up children shall be provided.
E.
Parking shall be provided in accordance with the requirements for schools.
F.
Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four-foot high fence and screened from any adjoining residential property or district. All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
G.
Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period.
H.
At least one off-street parking space for each person employed plus one off-street space for each six children to be served by the facility shall be provided.
§ 190-918 Child day-care center (as an accessory use).
A.
All accessory day-care centers shall be licensed by the Pennsylvania Department of Public Welfare and must operate in accordance with the requirements of the Department. This requirement is a condition of occupancy.
B.
All educational or day-care uses shall be governed by the location, height, and bulk standards imposed upon principal uses within the underlying zone.
C.
A minimum outdoor play area of 65 square feet per child is required.
D.
Outdoor play areas shall be sufficiently enclosed so as to provide for the health and safety of the children. Outdoor play areas for newly approved church day-care centers shall be sufficiently enclosed prior to conducting day-care business. A minimum height requirement for fencing is four feet with spacing in any fencing structure not greater than four inches.
E.
Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period.
F.
Passenger "dropoff" areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
§ 190-919 Child day-care home, family or group.
A.
All day-care homes shall be registered with the Pennsylvania Department of Public Welfare and must operate in accordance with the requirements of the Department. This requirement is a condition of occupancy.
B.
An outdoor play area no less than 260 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. Outdoor play areas shall be set back at least 25 feet and screened from any adjoining residential property or district. A minimum four-foot high fence shall completely enclose the outdoor play area. All outdoor play areas must include a means of shade, such as a tree(s) or pavilion.
C.
No exterior alterations, additions or other structural changes shall be made to the dwelling unit in order to accommodate or facilitate the operation of a day-care home.
D.
A minimum of two off-street parking spaces shall be provided in addition to those otherwise required for the dwelling unit. Such space may be located in a side or rear area.
E.
An area shall be provided for the dropoff and pickup of children which does not obstruct the free flow of traffic on any public street.
F.
A day-care home shall meet all additional requirements as defined by a low-impact home-based business.
G.
There shall be no signs or exterior display of advertising other than a nameplate sign as permitted for a no-impact home-based business.
§ 190-920 Commercial outdoor recreation use.
A.
The use shall not generate noise above the maximum noise levels established in § 190-510, Noise control, of this ordinance.
C.
The minimum site area for stadiums, arenas, amphitheaters, racetracks and similar large facilities which propose maximum occupancy for 5,000 or more persons shall be 25 acres. Other outdoor recreation facilities shall have a minimum site of one acre. Indoor facilities shall meet the minimum lot area required for the zoning district in which the site is located.
D.
The site shall have frontage on and direct vehicular access to an arterial street, as defined by this ordinance.
E.
Public water and public sewers shall be required on the site.
F.
Adequate sanitary facilities available to the public shall be provided.
G.
Location of buildings and facilities, traffic circulation and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
H.
Any outdoor facility shall be completely enclosed by a fence at least six feet in height with one or more locking gates which shall remain secured when the facility is not in use.
I.
Any outdoor facility located within 500 feet of an existing dwelling shall cease operations no later than 10:00 p.m.
J.
Adjacent public streets shall have adequate capacity to serve the traffic volumes anticipated to be generated by the proposed use.
§ 190-921 Community or cultural center.
A.
This use shall include, but not be limited to, an educational center, recreational facility, or other similar facility operated by an educational, philanthropic, religious institution, or homeowner's association, or a theater for the performing arts or concert hall as an accessory use to a school or place of assembly or worship.
B.
The use shall not be conducted as a private, for-profit business.
C.
No outdoor active recreation area shall be closer than 50 feet to the property line of any other use.
D.
Parking. No less than one off-street parking space for every four seats (or fraction thereof) provided for patrons' use, plus one additional space for each employee.
§ 190-922 Comparable uses not specifically listed.
A.
Uses of the same general character as any of the uses authorized as permitted in the zoning district shall be allowed along minor arterial streets, if the Township determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than that for any use specifically permitted in the zoning district. In making such determination, the Township shall consider the following characteristics of the proposed use:
B.
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
C.
The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by specifically listed in the zoning district in which it is proposed.
D.
The proposed use shall be consistent with the purpose statement of the zoning district in which it is proposed and shall be consistent with the community development objectives of this ordinance.
E.
A buffer yard complying with the standards of § 190-804, Special lot and yard requirements, sight distance and buffer yards, shall be provided along all property lines not bordering a right-of-way.
F.
The use shall not generate noise above the maximum noise levels established in § 190-510, Noise control, of this ordinance.
G.
The Township may also consider placing additional limitations on signage, access, parking, and lighting, as applicable.
§ 190-923 Convenience store.
A.
Loading areas/docks shall be screened with either landscaping or fencing from neighboring uses.
B.
To minimize conflicts between food/beverage items, animals and the natural elements, the storage of palettes and other loading-related equipment/materials shall be contained within an enclosed and covered structure.
C.
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
D.
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of zero footcandles.
E.
A traffic impact study shall be required to be submitted where the proposed development, according to the Institute of Transportation Engineers (ITE) standards, will generate 100 new and/or pass-by trips (in any combination) in addition to the adjacent roadways' peak hour volumes.
F.
If a convenience store is to sell alcoholic beverage products, it must be in possession of a retail dispenser license from the Pennsylvania Liquor Control Board (and a Sunday sales permit, if sales are to take place on Sundays) and may only sell alcoholic beverage products during the hours allowed under the license and permit.
G.
The use cannot generate noise, such as noise emitting from loud speakers, above the maximum noise levels established in § 190-510, Noise control, of this ordinance.
H.
The applicant shall provide evidence that the proposed use will not threaten the established character of the surrounding area.
I.
If gasoline, fuel, renewable fuel source, parking lots, and/or electric vehicle charging units are provided, they shall be located to the side or rear to the principal structure on the lot. No parking or fuel pumps shall be located in the front of any convenience store.
§ 190-924 Drive-through facility.
All businesses which propose drive-through facilities shall meet all of the following requirements:
A.
Drive-through facilities are not permitted as a principal use but shall be an accessory use for quick-service restaurants, banks, and certain types of retail establishments (pharmacies and retail establishments selling groceries). However, a Drive-through facility added to an existing quick-service restaurant, bank, or certain types of retail establishments (pharmacies and retail establishments selling groceries) shall apply for land development approval prior to initiating a Drive-through facility.
B.
The property shall have frontage on and direct vehicular access to a minor arterial or collector street.
C.
In addition to the parking spaces required for the principal use, a minimum of five stacking spaces (10 spaces for quick-service restaurants) in one lane shall be provided for vehicles to wait in line. The stacking spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The stacking spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets, or berms.
D.
Entrances, exits and standing spaces shall be adequately indicated with pavements markings and/or directional signs.
E.
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
§ 190-925 Essential services.
A.
An ambient sound level study shall be provided. The ambient sound level at all points along the boundary line of the property upon which the essential service is located shall be no more than 55 decibels (dbA).
B.
All items used for essential service shall be stored within the essential service structure or a separate storage building. This restriction does not include items necessary for the outdoor operation of the essential service, including, but not limited to, emergency generators, fuel tanks, drying beds, sedimentation basins, etc.
C.
Odor control and mitigation shall be implemented for sanitary sewer applications.
D.
A land development plan shall be prepared in accordance with the Township's Subdivision and Land Development Ordinance.
E.
An elevation drawing of any structure to be constructed on the premises shall be provided.
F.
A buffer yard complying with the standards of § 190-804, Special lot and yard requirements, sight distance and buffer yards, shall be provided when the essential service is adjacent to a residential property or district. Such buffer yard may be incorporated into any earth berm.
G.
A minimum 400-foot setback zone from all adjacent property lines shall be provided on the lot where a potable water well is located. The minimum 400-foot setback zone shall be measured from the nearest well head to the adjacent property line. Parkland, state game lands and state forest may be included within the 400-foot setback zone as approved by the Township. In the case of state owned property, approval of the appropriate state agency shall be required.
H.
An erosion and sediment control plan shall be prepared and approved by the Northampton County Conservation District.
I.
A plan describing the method to be used to handle the water runoff from well pump testing shall be submitted to the Township for review. The Township may engage the services of a consultant to review the plan and fees charged by said consultant for review shall be paid for by the applicant.
J.
The Township may also consider placing limitations on signage, access, parking, lighting, and structure height.
K.
The applicant shall address any other conditions placed by the Township to the satisfaction of the Township.
L.
Maximum building coverage: 50%.
M.
Maximum impervious coverage: 75%.
§ 190-926 Extended stay hotel.
A.
All extended stay rooms shall provide separate rooms or defined areas for sleeping, private bathroom, relaxation activities containing standard "living room" style furniture (couch, chairs, television, etc.), and kitchen containing a refrigerator, sink, food preparation area and cooking facilities.
B.
All extended stay rooms with less than 300 square feet of floor area are limited to a maximum capacity of two persons per such room. All extended stay rooms with more than 300 square feet of floor may allow an additional person per each additional 75 square feet of floor area.
C.
Guests must enter through a lobby or foyer and access to all rooms shall be from an interior hallway.
D.
All extended stay hotels must comply with all applicable Fire, Safety, Property Maintenance, and Building Code requirements imposed by the Fire Commissioner, Zoning Administrator, Building Official, or other designated Township officials.
E.
Each extended stay room must be protected with a sprinkler system approved by the Township Fire Commissioner.
F.
A hard-wired smoke detector with battery backup shall be provided and installed in each extended stay room. It shall be a violation of this Code for any person to disable, tamper with or modify any type of smoke detector or other safety device installed in each extended stay room.
G.
All extended stay hotels must have in place laundry facilities consisting of washer and dryer machines available to patrons. The equipment shall be maintained and in good repair at all times. Washers and dryers shall be provided at a ratio of one washer and dryer for every 20 rooms or fraction thereof.
§ 190-927 Farm cafe.
A.
Circulation and lot access shall be designed to minimize conflict with typical traffic conditions of adjacent right-of-way.
B.
A minimum area equivalent to three parking spaces with access aisle shall be available for parking on the lot.
C.
The total gross floor area specific to the farm cafe use shall not exceed 2,500 square feet. This provision shall apply to the entirety of the farm cafe in the case of a freestanding structure or, in the case of an attached structure, the portion of the structure that shall be used for the farm cafe.
D.
No structure within the facility shall exceed 40 feet in height.
E.
Outdoor lighting shall be permitted in accordance with the lighting regulations in Article VIII, General Regulations. No event lighting or loudspeaker system is permitted to be installed or used on the site.
F.
Front, side, and rear setbacks shall be a minimum of 50 feet.
G.
Signage shall be permitted in accordance with the Township's sign regulations Article VII, Signs.
H.
Adequate parking to accommodate the use shall be provided on-site. The farm associated with the farm cafe must be an active agriculture operation, as the purpose of the farm cafe is to serve primarily local and regional foods in support of sustaining local agriculture.
J.
All applications for a farm cafe shall be accompanied by a land development plan prepared in accordance with the provisions of the Township's Subdivision and Land Development Ordinance.
K.
The site shall be subject to any other conditions placed by the Township.
§ 190-928 Farm camp.
The farm associated with the farm camp must be an active agriculture operation.
§ 190-929 Farmers market.
A.
A minimum of four vendors and a maximum of 30 vendors shall be permitted. Additional vendors may be permitted with written approval from the Township.
B.
The market shall be operational for at least six months of the year.
C.
The market shall be open no more than 12 hours per day.
D.
Up to three food trucks at any one time may be parked in the parking area to serve prepared food to patrons.
E.
Retail sales shall be limited to agricultural products produced in whole or in part in Pennsylvania.
§ 190-930 Funeral home or mortuary.
A.
The use shall have a minimum lot area of one acre.
B.
Signs shall be limited to one identification sign for each street frontage and must meet all other requirements of this ordinance.
C.
The parking lot shall be permitted only in the rear of the main building and shall not occupy front or side yard areas.
§ 190-931 Geothermal energy system.
A.
No geothermal well shall be put into service without receiving a geothermal well permit from the Township.
B.
Geothermal heating systems shall not be installed within 200 feet of a designated floodplain area, wetland or body of water.
C.
All geothermal heating systems and wells installed for the purposes of heating and cooling a facility must adhere to the International Ground Source Heat Pump Association's (IGSHPA) Design & Installation Standards and the installer(s) and well driller(s) must be certified by the IGSHPA.
§ 190-932 Golf course.
B.
No fairway or green shall be located closer than 100 feet to an existing residential lot or existing street right-of-way.
C.
A clubhouse and/or restaurant may be permitted as an accessory use if located a minimum of 300 feet from the lot line of an existing dwelling.
D.
A golf course shall not include any exterior lighting for the purposes of nighttime golfing within the LDR, MDR, or HDR Districts.
E.
The maximum building coverage shall be 10% and the maximum impervious coverage 15%.
F.
No hole shall require play over a public or private street.
G.
Parking requirements: four spaces per hole, one space for seats in clubhouse restaurant.
§ 190-933 Governmental and emergency services facility.
A.
If located within a residential district, all buildings and structures shall be designed (to the extent possible) to have the exterior appearance of a residence.
B.
In any residential district, the storage of vehicles/equipment used for maintenance purposes shall be located in a garage to the extent possible.
§ 190-934 Group care facility or personal care home.
A.
The minimum area and bulk regulations for a group-care facility, personal care home shall be the same as those required for a principal use in the zoning district in which the facility is located.
B.
No group-care facility or personal care home shall be located within 500 feet of another existing or proposed group-care facility, personal care home or transitional dwelling.
C.
Adequate provisions shall be made for access for emergency medical and firefighting vehicles.
D.
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
E.
Adequate open space opportunities for passive and active recreation shall be provided on the lot for the residents consistent with their needs, at a minimum of 25% of the total lot size, and the area shall be secured by a fence with self-latching gate.
F.
Where applicable, licensing or certification by the Pennsylvania Department of Human Services shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification as issued by the Commonwealth of Pennsylvania shall be submitted to the Zoning Officer in January of each year.
§ 190-935 Heliport or helistop.
A.
Heliports of a minimum of five acres may be permitted when approved by the Board of Supervisors, pursuant to the standards set forth in this section and other applicable sections of this chapter and other applicable regulations.
B.
Specific standards.
1.
The heliport shall be located a minimum of 1,000 feet from any dwelling unit.
2.
The Board of Supervisors shall find that the heliport will not be detrimental to the use or development of or change the essential character of any area of this or surrounding municipalities.
3.
The applicant shall demonstrate that adequate off-street parking and loading and unloading facilities will be provided to meet the needs of the proposed use.
4.
The Board of Supervisors shall find that the use would not adversely affect the health or safety of persons in or surrounding the Township.
5.
The applicant shall demonstrate that there is a public or private need for such a facility in the Township.
C.
The applicant shall submit evidence confirming that the heliport will be constructed, operated and maintained in accordance with the applicable rules and regulations of the Federal Aviation Administration and the Pennsylvania Department of Transportation relating to the use of heliports. The application shall include, at a minimum, the following information:
1.
A copy of the Federal Aviation Administration Form 7480-1, "Notice of Landing Area Proposal."
2.
A copy of a letter of "No Objections" from the FAA.
3.
A copy of Commonwealth of Pennsylvania Application for Approval of a Landing Site, AV-4, and necessary supplemental information or equivalent and the letter of site approval from the PennDOT, Bureau of Aviation.
4.
An aerial photograph or drawing, either of which shall be at a scale no less than one inch equals 200 feet, indicating the approach and departure routes, the location of all residents, schools, churches, hospitals and areas used for the open assembly of people as well as other noise sensitive areas within a radius of 1/2 mile of the proposed heliport site.
5.
A description of the facility, outlining its proposed hours of operation and proposed support facilities (hangar, fuel storage, etc.)
6.
A site plan and corresponding narrative which shall contain the following information:
a.
The location, nature and height of proposed security fences, berms, landscaping and other security and noise attenuation structures.
b.
The location and type of firefighting equipment and materials.
c.
The location and type of fuel storage facilities.
d.
The location of all existing and proposed buildings.
e.
The location of the helicopter takeoff and landing areas and parking areas.
D.
Helistops for medical purposes only may be permitted as a accessory to a hospital when approved by the Township, pursuant to the standards set forth in this section and other applicable sections of this chapter and other applicable regulations.
§ 190-936 Hospital.
A.
The applicant must demonstrate that the proposed use is an establishment, licensed by the American Hospital Association, which provides health services primarily for inpatient medical or surgical care of the sick or injured, including related facilities, such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices as integral parts of the establishment. This does not contemplate a building which is used primarily for the care of mental infirmities. The hospital is subject to the following additional provisions:
B.
The use shall be located on a lot with its main access onto an arterial or collector street as defined by the Official Street Classification Map.
C.
At least two access roads of at least 30 feet in width shall be provided from abutting streets.
D.
The use shall have a minimum lot size of 10 acres.
E.
The site shall be served by public water and sewer.
§ 190-937 Home occupation, low-impact.
A.
The burden of proof shall be upon the applicant to prove that the standards of this section will be met, especially regarding possible nuisances and truck traffic. Based upon the potential nuisances of a proposed home occupation, the Zoning Hearing Board may determine that a particular type or intensity of use is unsuitable to be a home occupation or that the proposed lot area or setbacks are not sufficient.
B.
The home occupation shall be conducted completely indoors and may be within a principal or accessory residential building. The total amount of floor area of all buildings used for a home occupation shall not be greater than 25% of the total floor area of the principal dwelling unit.
C.
There shall be no outdoor operations or outdoor storage of materials, products or equipment.
D.
Signs and displays. There shall be no use of show windows, business displays or advertising visible from outside the premises, except as is specifically permitted for a general home occupation. There shall be no use of vehicular signs.
E.
Truck traffic. The use shall not require the parking of, delivery by or servicing by a commercial vehicle with a PennDOT registration of Class 4 or higher. The parking of trucks on and abutting the lot shall comply with Article VI of this ordinance.
F.
Uses permitted as a home occupation include, but are not limited to, art studio, office, barbershop, beauty shop, custom sewing, tax preparation or musical instruction.
G.
The following uses shall not be permitted as a home occupation: veterinarian office, stable, kennel, funeral parlor, retail store, restaurant, auto repair, trucking company terminal or animal grooming.
H.
Nuisances. No machinery or equipment shall be permitted that produces noise, noxious odor, vibration, glare, electrical interference or radio or electromagnetic interference beyond the boundary of the property. Only general types and sizes of machinery that are typically found in dwellings for hobby or domestic purposes shall be permitted. No use shall generate noise or glare in excess of what is typical in a residential neighborhood.
I.
Parking. See Article VI. If additional parking is needed beyond what can be accommodated using appropriate on-street spaces and a residential-style driveway, then when feasible parking may be required in the rear of the home. The Township may reject a low impact home occupation if the use would require substantial amounts of parking that would adversely affect the residential character of a lot.
J.
Building appearance. The exterior of the building and the lot shall not be changed in such a way as to decrease its residential appearance, except for permitted parking spaces and the permitted sign.
K.
Hours. A home occupation shall not be conducted in a way that is perceptible from beyond the lot line between the hours of 9:00 p.m. and 7:30 a.m. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.
L.
Hazardous substances. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts commonly found in a dwelling. The use shall not involve the use or storage of toxic substances.
M.
Advertising. The address or hours of the home occupation shall not be advertised in such a way that would encourage customers or salespersons to come to the property without an appointment.
N.
Law or medical office. The main office of a medical doctor, chiropractor, dentist or attorney shall only be allowed as a home occupation if the property abuts an arterial street and has a minimum lot area of 10,000 square feet.
O.
Hazardous substances. The applicant shall demonstrate to the satisfaction of the Township that the intended method of handling and disposal of hazardous materials will comply with all federal and state laws and regulations.
§ 190-938 Hotel/motel.
A.
The use must have a direct access to a collector or arterial street.
B.
Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms, a bedroom and a separate bathroom equipped with a flush water closet, a lavatory basin, and a bathtub or shower, all properly connected to a public water and sewer system.
C.
Recreation facilities primarily directed towards guests of the use and a restaurant may be permitted as accessory uses to a hotel or motel.
D.
A hotel or motel shall serve only temporary guests. A use that is routinely inhabited by any persons for periods longer than 30 days shall be considered a boardinghouse and regulated as such.
E.
Within the Planned Office/Business (PO/B) Zoning District, the minimum lot size shall be four acres.
§ 190-939 Junkyard.
A.
All junkyard shall be surrounded by a solid wood, chain-link metal with slats, or composite fence or a decorative brick wall. Fencing shall be placed inside of an evergreen screening buffer.
B.
Storage of organic material is prohibited.
C.
All stored materials shall be at least 300 feet from any adjoining residential lot line or 100 feet from any other lot line or existing street right-of-way.
D.
The site shall contain one entrance and one exit, each of which shall be 25 feet or greater in width.
E.
The site shall be completely enclosed by a forty-foot-wide buffer yard, regardless of zoning district, which complies with the standards of Article VIII, General Regulations, but with trees of an initial minimum height of 10 feet and caliper of three inches and shrubs of an initial minimum height of five feet.
F.
The burning or incineration of vehicles or stored materials shall be prohibited.
G.
All junkyards shall be surrounded by a solid wood or fiberglass fence or decorative brick wall to prevent uncontrolled access from the street or adjacent properties. Such barrier shall be not less than eight feet in height and maintained in good condition.
H.
No materials stored within a junkyard shall be visible from other uses located within 300 feet of the property. This shall be accomplished by fencing that is compatible with the character of the area and with the screening and berming within the buffer yard.
§ 190-940 Landfills, waste energy plants, and transfer stations.
A.
A landfill shall be owned and operated by Palmer Township or an authority designated by Palmer Township to operate it.
B.
The minimum lot area shall be 100 acres.
C.
The Palmer Township Environmental Steering Committee shall review all plans for proposed facilities.
D.
The construction and operation of a sanitary landfill shall not be permitted unless a permit for such landfill has been issued by the Pennsylvania Department of Environmental Protection and the landfill is constructed and operated in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Pennsylvania Department of Environmental Protection.
E.
A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.
F.
Special measures shall be taken to prevent fires by means and devices mutually agreeable to the Pennsylvania Department of Environmental Protection and the Township.
G.
Gaseous and particulate emissions from the landfill site shall conform to the prevailing federal, state and local air pollution control codes and regulations.
H.
Direct access shall be taken from an arterial or collector highway. No more than one access road shall be constructed to the landfill entrance. The access road shall be an all-weather paved surface road negotiable by and capable of supporting loaded solid waste collection vehicles. All existing public roads shall be kept mud- and refuse-free.
I.
A vehicle cleaning area shall be provided on site. All vehicles and trucks leaving the landfill shall be cleaned. Runoff from the vehicle cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards. All water used in the operation shall be recycled.
J.
An equipment cleaning area shall be provided on site. All equipment used to grade and compact solid waste at the landfill shall be cleaned daily. Runoff from the equipment cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards. All water used in the operation shall be recycled.
K.
Access to the site shall be limited to those posted times when an attendant is on duty. Unloading of waste shall be continuously supervised. In order to protect against indiscriminate and unauthorized dumping, every solid waste plan fill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade, fence or gate shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.
L.
No site activities shall be permitted on Sundays or legal holidays. Dumping shall be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No vehicles shall be staged or parked at the entrance and/or access road of the landfill prior to 6:30 a.m. Overnight parking shall be prohibited.
M.
Measures shall be provided to control dust and debris. The entire area shall be kept clean and orderly. The perimeter of the landfill shall be inspected for debris on a daily basis.
N.
Hazardous, contaminated and/or toxic materials, including but not limited to, highly flammable materials, explosives, corrosives, pathological wastes and radioactive materials, shall not be disposed of in a solid waste landfill.
O.
Disposal of sewage liquids and solids and other liquids shall be specifically prohibited in a solid waste landfill.
P.
Salvaging of materials as permitted by law shall be conducted by the operator only and shall be organized so that it will not interfere with the prompt sanitary disposal of waste or increase unsightly conditions or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.
Q.
The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater onto the fill, and to prevent the collection of standing water. The operator shall comply with applicable state and federal laws and Township ordinances so that there is no adverse off-site impact from the drainage of surface water. Cracks in, depressions in, and/or erosion of covers shall be repaired daily.
R.
Operation of any solid waste landfill shall at all times be in full compliance with the Pennsylvania Clean Streams Law, Act 157 of 1980, as amended.
S.
An operational permit shall be obtained from the Township on an annual basis on or before June.
T.
A final inspection of the entire site shall be made by the Pennsylvania Department of Environmental Protection and the Township and their authorized representatives to determine compliance with the approved plans and specifications before the earth-moving equipment is removed from the site. Any necessary corrective work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracks, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill. A bond shall be posted to ensure that all corrective work is completed.
U.
Initial application for a solid waste landfill shall be accompanied by impact statements. A plan for the reuse of the land shall be submitted, in writing, to the Palmer Township Board of Supervisors at the time of application for permit. The plan shall be in compliance with the prevailing zoning at the time of the application.
V.
Maximum active dumping areas shall be three acres. Continued operation of the landfill shall be subject to compliance with all state and Township regulations pertaining to landfill.
W.
No operation activity, use or occupation of any type shall be carried on within 300 feet of any property line of the landfill or within 300 feet of any street right-of-way. In addition, a landfill should not be located within 300 feet of any residential zoning district or occupied residential dwelling unit.
X.
The storage of fuel to be used on the landfill site shall be in accordance with all applicable federal, state and Township regulations.
Y.
A chain link fence with a minimum height of 15 feet shall be erected along all boundary lines of the area which is approved for operational use as a sanitary landfill by the Pennsylvania Department of Environmental Protection. The fence shall not contain openings greater than four square inches and shall contain, at all entrances, gates which are locked except during the operation hours.
Z.
A fifty-foot wide buffer yard shall surround completely all areas approved for operational use as a sanitary landfill by the Pennsylvania Department of Environmental Protection. The buffer yard shall consist of a dense evergreen screen and is to be located and maintained along all boundary lines of the landfill, except at the entrances. The selected evergreens shall have a minimum height of 12 feet and shall be staggered on twelve-foot centers.
AA.
The landfill shall contain an on-site scale, and all solid waste materials delivered to the site shall be weighed and recorded pursuant to the Pennsylvania Solid Waste Management Act, as amended. All weigh receipts shall be submitted to the Township on a quarterly basis.
§ 190-941 Resource recovery facilities, composting plants, waste energy plants, and transfer stations.
A.
Resource recovery facilities, composting plants, waste energy plants and transfer stations shall be owned and operated by the Township of Palmer or an authority designated by the Township to operate it.
B.
The minimum lot size shall be 10 acres.
C.
Parking area shall be a minimum of 100 feet from any property line.
D.
The Palmer Township Environmental Steering Committee shall review all plans for proposed facilities.
E.
Operation of the facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection and the provisions of this ordinance. In the event that any of the provisions of this ordinance are less restrictive than any present or future rules and regulations of the Pennsylvania Department of Environmental Protection, the more restrictive Pennsylvania Department of Environmental Protection regulations shall supersede and control.
F.
Gaseous and particulate emissions from this facility shall conform to the prevailing federal, state, and local air pollution control codes and regulations. All exhaust air from the facility shall be captured and treated in a pollution control device (e.g., carbon absorber, scrubber, etc., of such efficiency that there is no odor detected at the discharge of the control device.)
G.
Direct access shall be taken from an arterial or collector highway. No more than one access road shall be constructed to the entrance of the area. The access road shall be an all-weather paved surface road negotiable by or capable of supporting loaded collection vehicles. All existing public roads shall be kept mud-free.
H.
A vehicle cleaning area shall be provided on site. All vehicles leaving the facility shall be cleaned. Runoff from the tire cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards. All water shall be recycled.
I.
An equipment cleaning area shall be provided on site. Runoff from the equipment cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state, and/or Township standards.
J.
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility and transfer station shall be protected by locked barricades, fences, gates, or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade, fence or gate shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.
K.
No site activity shall be permitted on legal holidays. Dumping shall be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No vehicles shall be staged or parked at the entrance and/or access road of the landfill prior to 6:30 a.m. Overnight parking shall be prohibited.
L.
Measures shall be provided to control dust and debris. The entire area shall be kept clean and orderly. The perimeter of the facility shall be inspected for debris on a daily basis.
M.
Hazardous, contaminated and/or toxic materials, including but not limited to, highly flammable materials, explosives, corrosives, pathological wastes and radioactive materials, shall not be disposed of at the facility.
N.
Disposal of sewage liquids and solids and other liquids shall be specifically prohibited.
O.
All parts of the process unloading, handling and storage of municipal solid waste shall occur within the building. There shall be a four-inch curb around the unloading area to capture all liquid (leachate). All liquid within the unloading area must be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards. However, certain separated recyclable materials such as glass, aluminum and other materials may be stored outdoors. The storage of paper shall be within the building. Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property. No materials shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
P.
No municipal solid waste shall be stored at a transfer station for more than 72 hours.
Q.
A contingency plan for disposal of municipal solid waste during a facility shutdown must be submitted to the municipality and approved by the Board of Supervisors.
R.
Waste from the resource recovery facility, composting or waste to energy process (such as, but not limited to ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 200 feet from any property line and stored in leakproof containers. Such process waste shall be disposed of in a sanitary resource recovery facility approved by the Pennsylvania Department of Environmental Protection or in another manner approved by the Pennsylvania Department of Environmental Protection.
S.
Solid waste landfill operations and open burning of any materials are not permitted under this use.
T.
No use shall emit noise in such quantity as to be audible beyond its lot lines.
U.
An operational permit shall be renewed on an annual basis on or before June 1.
V.
No operation, activity, use, or occupation of any type shall be carried on within 200 feet of any property line or facility or within 200 feet of any street right-of-way. In addition, a facility shall not be located within 300 feet of any residential zoning district or occupied residential dwelling unit.
W.
The facility shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate such a facility.
X.
The storage of fuel to be used at the facility site shall be in accordance with all applicable state and Township regulations.
Y.
A chain link fence with a minimum height of 15 feet shall be erected along all boundary lines of the area which is approved for the operational use by the Pennsylvania Department of Environmental Protection. The fence shall not contain openings greater than four square inches and shall contain, at all entrances, gates which are locked except during operating hours.
Z.
A fifty-foot wide buffer yard shall surround completely all areas approved for operational use as a sanitary landfill by the Pennsylvania Department of Environmental Protection. The buffer yard shall consist of a dense evergreen screen and is to be located and maintained along all boundary lines of the facility, except at the entrances. The selected evergreens shall have a minimum height of six feet and shall be staggered on ten-foot centers.
AA.
The facility shall include an on-site scale, and all solid waste materials delivered to the site shall be weighed and recorded pursuant to the Pennsylvania Solid Waste Management Act, as amended. All weight receipts shall be submitted to the Township on a quarterly basis.
§ 190-942 Manufacturing, heavy.
A.
Per every 40 lineal feet of perimeter, a buffer strip shall contain a combination of one deciduous tree having a caliper of not less than three inches and a height of 10 feet at the time of planting and two evergreen trees having a height of not less than six feet at time of planting, plus five shrubs, per 40 lineal feet of perimeter. The deciduous trees, evergreen trees, and shrubs shall be chosen from the list of plant types for Palmer Township provided in the Subdivision and Land Development Ordinance,[1] § 165-73. Trees and shrubs shall be creatively planted within the buffer strip to include staggered placement and/or clustering.
B.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
C.
As part of all land development or conversion of an existing building, the landowner and/or developer shall provide a plan for photometrics of the lot.
D.
All materials and equipment shall be stored within a completely enclosed building.
E.
Hours of operation and activities, including for truck deliveries, must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
F.
An inventory and Material Safety Data Sheets (MSDS) of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases or solids stored and/or used on site shall be available upon request.
G.
There shall be no light spillover, glare, or vehicular idling permitted.
§ 190-943 Manufacturing, light.
A.
Per every 40 lineal feet of perimeter, a buffer strip shall contain a combination of one deciduous tree having a caliper of not less than three inches and a height of 10 feet at the time of planting and two evergreen trees having a height of not less than six feet at time of planting, plus five shrubs, per 40 lineal feet of perimeter. The deciduous trees, evergreen trees, and shrubs shall be chosen from the list of plant types for Palmer Township provided in the Subdivision and Land Development Ordinance,[1] § 165-73. Trees and shrubs shall be creatively planted within the buffer strip to include staggered placement and/or clustering.
B.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
C.
As part of all land development or conversion of an existing building, the landowner and/or developer shall provide a plan for photometrics of the lot.
D.
All materials and equipment shall be stored within a completely enclosed building.
E.
Hours of operation and activities, including for truck deliveries, must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
F.
An inventory and Material Safety Data Sheets (MSDS) of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases or solids stored and/or used on site shall be available upon request.
G.
There shall be no light spillover, glare, or vehicular idling permitted.
§ 190-944 Medical and dental clinics and laboratories.
Such use shall include a building or buildings with multiple offices for one or more physicians, optometrists or dentists or similar medical professionals for examination or treatment of persons as outpatients (with the exception of medically prescribed studies associated with sleep) and laboratories incidental thereto. Such use shall be carried on wholly indoors and within the principal building.
§ 190-945 Medical marijuana dispensaries.
A.
A medical marijuana dispensary must be legally registered in the Commonwealth of Pennsylvania and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.
B.
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C.
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
D.
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
E.
Permitted hours of operation of a medical marijuana dispensary shall be between the hours of 8:00 a.m. and 7:00 p.m. of any calendar day.
F.
A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
H.
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
I.
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
J.
A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located.
§ 190-946 Medical marijuana growers/processors.
A.
A medical marijuana grower/processor shall only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
B.
The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.
C.
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
D.
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health Policy and shall not be placed within any unsecure exterior refuse containers.
E.
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
F.
Grower/processors may not locate within 1,000 feet of the property line of a school or day-care center.
§ 190-947 Mineral extraction/open pit mining.
A.
The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and productive use and enjoyment of adjacent properties or to the character of the surrounding area.
B.
When extraction operations cease, the site shall be reclaimed to a nonhazardous state permitting some economically productive future use. The extracting activities and resulting condition of the site shall not result in environmental degradation of the surrounding area. The reclamation plan shall include a phasing plan that ties the timing of initiation of certain excavation activities in certain areas to specific reclamation achievements of other areas.
C.
A buffer yard shall completely enclose the site, regardless of zoning district, complying with the standards of § 190-804, Special lot and yard requirements, sight distance and buffer yards, except such buffer yard shall be at least 50 feet in width. Such buffer yard must be incorporated into an earthen berm at least six feet in height. Any extracting activities shall be set back from all exterior lot lines (including existing street rights-of-way) by a minimum of 100 feet and all dwellings a minimum of 250 feet (or such greater distance as may be required by site conditions) to protect adjacent properties as determined necessary by the Board of Supervisors.
D.
Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and/or mining activities.
E.
The proposal shall be submitted to the County Conservation District for review. The Township may require additional measures as are necessary to prevent serious soil erosion and sedimentation or groundwater pollution.
The Application shall comply with all federal and state regulations applicable to the site and to the use.
§ 190-948 Mixed-use building or development.
When a number of different uses are proposed within a structure, facility or complex and when it can be demonstrated that one or more of such uses require parking needs at times other than normal business or operating hours, the applicant shall present for review and consideration a written report prepared by a professional traffic engineer or consultant, stating that a maximum combination of all such uses will not require that the total accumulative parking needs must be provided on the site. After review of the plan, if determined that a reduced overall parking requirement can satisfy the off-street parking needs of the combined facilities, the applicant may be permitted to reduce the parking spaces provided in accordance with the stipulated number of spaces by the Board of Supervisors at its sole discretion.
§ 190-949 Multifamily dwelling, low-rise (garden apartments).
A.
Required off-street parking shall be located no more than 300 feet from associated dwellings.
B.
All dumpsters and/or waste collection areas shall be located, at minimum, 50 feet from the nearest residential unit and shall be enclosed by a solid masonry screen of at least six in height.
C.
To minimize potential nighttime lighting pollution and to encourage minimizing negative impacts from impervious surface runoff, buffer yard width shall be increased by five feet in all yards for a development with multiple buildings. The additional buffer area shall be planted at a minimum with ground cover or/and to minimum of three-foot height of shrubbery unless otherwise defined by the Township.
D.
The following provisions apply to multifamily dwelling, low rise (garden apartments):
1.
Terms. For the purpose of this subsection, the term "apartments" shall refer to low-rise apartment uses.
2.
Minimum tract area. Low-rise apartments shall have a minimum tract area of 21,000 square feet.
3.
Vehicular parking setback. See § 190-603G, Parking lot setbacks. Off-street parking shall not be permitted within the front yard area of a lot and shall be located to the rear or side of the principal structure. No off-street parking areas shall be permitted between the principal structure and the public street. Bicycle parking and storage facilities shall be provided for the use of residents and visitors.
4.
Principal building separation. All principal buildings shall be separated from any other principal building by a minimum of 30 feet and a minimum average of 40 feet. A building may include multiple dwelling units.
5.
Maximum density.
a.
Site capacity calculation. The maximum total density of a townhouse or a low-rise (garden) apartment development shall be determined as follows. If an area of land would have more than one characteristic stated in Subsection D(5)(a)(i) through (vii) below, it shall only be deleted once. All land areas shall be stated in hundredths of an acre.
i.
The total lot area of all lots within the tract, not including existing rights-of-way of existing public streets.
= _____ acres |
ii.
Delete future rights-of-way abutting existing public streets that are required to be dedicated.
- _____ acres |
Areas voluntarily dedicated for an improvement to a public street that are not required by PennDOT or the Township but that the Board of Supervisors determines will serve a substantial public need are not required to be deleted from the buildable area of the tract. |
Rights-of-way of proposed streets are not required to be deleted from the buildable area of the tract, except as specified above. |
iii.
Delete areas of more than 1,000 square feet with existing natural slopes of 15% or greater.
- _____ acres |
iv.
Delete areas within the 100-year floodplain, according to official FEMA/FIA maps or a detailed study using accepted hydraulic modeling techniques which meets all requirements as listed in § 190-506.
- _____ acres |
v.
Delete areas proposed to be used for any principal uses other than low-rise (garden) apartments or common open space.
- _____ acres |
vi.
Delete areas to be dedicated to the Township as public open space.
- _____ acres |
vii.
Delete areas within existing surface utility or stormwater rights-of-way or casements, such as overhead electric transmission rights-of-way, existing stormwater management facilities and/or drainage swales. Existing underground utility and drainage easements are not required to be deleted from the buildable area of the tract.
- _____ acres |
viii.
Equals the "buildable area of the tract."
- _____ acres |
ix.
To determine the maximum total permitted number of new and existing low-rise (garden) apartment dwelling units permitted within the tract, multiply the buildable area of the tract by the following:
x.
Low-rise (garden) apartment density: nine dwelling units per acre of buildable area of the tract.
- _____ acres |
b.
Flexibility in placement. The total number of dwelling units allowed on the tract may be placed at any appropriate locations within the buildable area of the tract within the setback and other provisions of this ordinance. However, no single acre of land shall include more than 12 dwelling units, once streets and dedicated common open space are deleted from the lot area.
c.
In calculating the allowable overall density, land which is capable of further development or subdivision for additional dwellings shall not be counted unless the possibility of such development or subdivision is precluded by one of the following methods:
xi. | Deed restriction or agreement in form acceptable to the Township Solicitor and duly recorded in the Office of the Recorder of Deeds of Northampton County. |
xii. | Transfer of development rights to the Township. |
xiii. | Dedication for public purposes or permanent open space to serve the development. |
d.
Condominiums and lots. The division of land into individual lots is not required. This allows the development of condominium low-rise apartments. However, any condominium development or conversion to condominium ownership shall follow the requirements and processes of the Township Subdivision and Land Development Ordinance.
e.
Condominiums and streets. In any development of or conversion to condominiums, the Township shall reserve the right to require all roads and major driveways to be constructed or improved to Township standards and dedicated to the Township. The responsibility of maintaining interior roads and major driveways should not be given to a homeowner association, unless there are adequate safeguards.
6.
Maximum height. Maximum building height shall be 35 feet or 2.5 stories, whichever is more restrictive. Pitched roofs with a slope of five inches vertical for every 12 inches horizontal or greater and variations in rooflines of structures are strongly encouraged for the purpose of variety.
7.
Buffer yard. A buffer yard with screening shall be required, as described in § 190-804D, Buffer yards, between any low-rise apartment principal building and any abutting existing single-family detached dwelling that would be within 120 feet of a low-rise apartment. The buffer yard shall be the responsibility of the developer of the low-rise apartments.
8.
Accessory uses and structures.
b.
The intent is to carefully avoid incompatible structures in a high density environment.
c.
Garages or carports for the storage of private automobiles are a permitted by right accessory use, provided that such structures are architecturally compatible with the principal buildings.
d.
The developer shall state whether any deed restrictions or similar restrictions will be established to control the design of any detached accessory buildings and fences. Such controls are strongly encouraged.
e.
Accessory structures may be placed a minimum of one foot from the lot line along which dwellings are attached. Fences may be located on a lot line.
9.
Homeowners' and/or condominium agreements. If any dwelling units are to be sold under homeowners' and/or condominium agreements, such agreements or documents shall be reviewed by the Township Solicitor and approved by the Board of Supervisors prior to recording and filed with the subdivision or land development plan. It is strongly recommended that any such agreements include restrictions requiring any fencing or garages to be compatible with the overall design.
10.
Maximum impervious coverage shall be 70%, based upon the entire tract. For the purpose of this section, active recreational facilities such as tennis or basketball courts shall not be limited by the maximum impervious coverage regulation. However, such areas shall still be considered impervious for the purposes of managing stormwater runoff.
11.
Maximum length of building. The maximum length of a low-rise apartment building shall be 160 feet. As used in this section, "building length" means the horizontal measurement of any building length from any one end to any other end, without regard to offsets but without including diagonal measurements. Upon review by the Planning Commission and approval by the Board of Supervisors, the maximum length of the building may be extended to accommodate up to eight units attached, provided the applicant demonstrates excellence in design. At a minimum, factors to be incorporated into design include articulation in roofline and pitch, the use of dormers or other similar features, and alternating I materials (e.g., stone, brick, and wood). Also, a minimum of 50% of all dwellings shall have a front entrance articulated with a covered porch entry. The size of the front porch shall be a minimum of five feet deep from the front wall of the dwelling to the enclosing porch rail and 10 feet long. The applicant may provide an alternative design as part of the application that meets the intent of this standard.
12.
External property line building setback. Low-rise apartment buildings and their permitted accessory structures shall be setback from all exterior lot lines of a tract a minimum distance of 30 feet, except a minimum distance of 80 feet shall be required from the lot line of an existing single-family detached dwelling.
13.
Building setback from public or private streets. All principal and accessory buildings and carports of low-rise apartment buildings shall have a minimum of 10 feet setback from the street right-of-way line of proposed and existing streets where parking is located to the rear or side of the principal structure. Where parking is proposed to be located to the front of the principal building, the front yard setback shall be a minimum of 30 feet from the street right-of-way line of proposed and existing streets. If right-of-way is not established for a street, then setbacks shall be measured from the edge of the cartway.
14.
Minimum private area. Design measures shall be used to seek an appropriate level of privacy in any rear yards. Such measures might include landscaped screening, compatible fencing and earth berming. The intent is to avoid the placement of incompatible fencing by individual lot owners in the future. Apartments shall provide a terrace, recessed inside the exterior building wall of the dwelling, for units above the first level.
17.
Private streets. All interior streets and accessways serving more than five dwelling units but not including parking courts shall be built to Township construction standards for public streets, regardless of whether the streets or accessways will be dedicated to the Township. However, the Board of Supervisors may allow widths of a cartway and a right-of-way of any private street or accessway to be narrower than is required for a public street, provided that a private street providing direct or indirect access to 20 or more dwellings shall have a minimum width of 24 feet and garages, carports or parking areas are located to the side or rear of the principal structure.
18.
Architectural renderings required. Preliminary architectural renderings shall be required of the front facades of any low-rise apartments.
19.
Preservation of natural buffers. See § 190-804D(3)(c), Preservation of existing vegetation or slopes.
20.
Architectural variety. A variety of complimentary designs are encouraged among clusters of buildings within larger developments. Extreme changes of facades among buildings are discouraged.
21.
Garages. If garages are provided, they should be located to the rear of the structures, with a common driveway system, provided that adequate provision is made for maintenance through a homeowners' association if applicable.
22.
Mailboxes. Due to the density and compact design of apartment developments, mailboxes should be either on the facade of the dwelling unit (where permitted by the United States Postal Service) or within a common kiosk or enclosed structure. Individual freestanding mailboxes at the curbside are discouraged.
23.
Trash bins. Common trash receptacles shall be provided in locations that are convenient for residents and for collection. Trash dumpsters and similar facilities shall be completely enclosed within a decorative masonry or wood fence, at least six feet in height, on three sides, maintaining 100% visual blockage on three sides and a self-closing gate on the fourth side. These areas shall be screened from view of streets and dwellings.
24.
Access. Vehicular access points onto all minor arterial and collector streets shall be minimized to the lowest number possible.
25.
Visitor/overflow parking areas.
a.
Design. Off-street parking area(s) shall be provided at a rate of 0.25 space per dwelling unit. The off-street parking area(s) shall be provided in addition to the minimum off-street parking spaces required for each individual dwelling unit. The visitor/overflow parking areas shall be located not greater than 300 feet from any given dwelling. Off-street parking areas shall not be located between the public street and the principal building. Such parking areas shall be located to the side or rear of the principal structure and in pods of not more than 20 spaces. Each parking area shall be screened from view from the public right-of-way with a four-foot decorative masonry fence or evergreen hedgerow, or a combination of both. The parking areas shall contain internal landscaping. At a minimum, terminal islands shall be installed at both ends of a single unbroken row of parking. Terminal islands shall be a minimum of 15 feet in length and minimum of 10 feet in width. Each terminal island shall be landscaped with a minimum of one shade tree, and grass or a vegetative ground cover. In addition, a landscaped divider strip shall be provided to connect the terminal islands. The divider strip shall be a minimum of seven feet in width and be planted with a minimum of one shade tree every 30 feet on center and grass or a vegetative ground cover. These areas shall not be used to meet the standard parking requirements.
b.
Use. Boats, campers, trailers and other recreational vehicles shall be prohibited from said parking areas.
26.
Setback from industrial zoning districts. All buildings including one or more dwelling units shall have a minimum setback of 100 feet from the boundary of any HI, LI, PIC or PO/IP[4] District boundary. If a public street is the zoning boundary, such setback shall be measured from the center line of the street.
[4]
Editor's Note: So in original.
27.
Front yard landscaping. Front yards of low-rise apartments may be unified into one common yard treated as a single yard for the entire building.
§ 190-950 Multifamily dwelling, mid-rise.
A.
Parking spaces shall be located no more than 300 feet from the apartment's primary entrance. Bicycle parking and storage facilities shall be provided for the use of residents and visitors.
B.
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.
C.
A twelve-foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
D.
All dumpsters and/or waste collection areas shall be located at least 50 feet from nearest residential unit. Dumpsters shall not be located in a front yard and shall be screened with a wall with a minimum height of eight feet and a minimum opacity of 80%.
E.
Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.
F.
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
G.
Buffer yards between an apartment development and any other adjacent residential lot shall be increased by 10 feet in addition to the required buffer yard width. Landscaping, within this additional width, shall be provided according to spacing, quantity and type of plants specified by the Township.
H.
Slopes shall be graded at a maximum of a three foot horizontal to one foot vertical ratio.
I.
A traffic study shall be required and prepared by the applicant at the applicant's expense.
J.
If the parking area for a development is adjacent to a single-family residential lot and accommodates more than 10 automobiles in total, an additional ten-foot buffer yard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots:
1.
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or
2.
A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical change in elevation. The mound shall be landscaped in its entirety with plants that provide four seasons of interest but shall not include turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.
K.
The following area and bulk regulations shall apply to multifamily, mid-rise apartment buildings.
1.
Height in HDR: maximum of six stories or 72 feet, whichever is more restrictive. Height in other districts: a maximum of five stories or 55 feet, whichever is more restrictive.
2.
Minimum tract area: 10 acres.
3.
Building setback. The minimum principal building setback shall be:
a.
Three hundred feet from all lot lines of existing single-family detached dwellings or single-family semidetached dwellings or lot lines of less than one acre approved for such dwellings.
b.
One hundred feet from any future right-of-way of an existing street.
c.
Seventy-five feet from any other lot lines.
4.
Maximum density: a maximum density of nine dwelling units per acre.
L.
The following additional standards apply to Multifamily dwelling, mid-rise apartment building.
1.
Buffer yard. A buffer yard with screening shall be required, as described in § 190-804D, Buffer yards, between any mid-rise apartment building and any abutting existing single-family detached dwelling that would be within 120 feet of a mid-rise apartment building. The buffer yard shall be the responsibility of the developer of the mid-rise apartment building.
2.
Homeowners' and/or condominium agreements. If any dwelling units are to be sold under homeowners' and/or condominium agreements, such agreements or documents shall be reviewed by the Township Solicitor and approved by the Board of Supervisors prior to recording and filed with the subdivision or land development plan. It is strongly recommended that any such agreements include restrictions requiring any fencing or garages to be compatible with the overall design.
3.
Maximum impervious coverage shall be 70%, based upon the entire tract. For the purpose of this section, active recreational facilities such as tennis or basketball courts shall not be limited by the maximum impervious coverage regulation. However, such areas shall still be considered impervious for the purposes of managing stormwater runoff.
6.
Private streets. All interior streets and accessways serving more than five dwelling units but not including parking courts shall be built to Township construction standards for public streets, regardless of whether the streets or accessways will be dedicated to the Township. However, the Board of Supervisors may allow widths of a cartway and a right-of-way of any private street or accessway to be narrower than is required for a public street, provided that a private street providing direct or indirect access to 20 or more dwellings shall have a minimum width of 24 feet and garages, carports or parking areas are located to the side or rear of the principal structure.
7.
Architectural renderings required. Preliminary architectural renderings shall be required of the front facades of any mid-rise apartment building development.
8.
Preservation of natural buffers. See § 190-804D(3)(c), Preservation of existing vegetation or slopes.
9.
Trash bins. Common trash receptacles shall be provided in locations that are convenient for residents and for collection. Trash dumpsters and similar facilities shall be completely enclosed within a decorative masonry or wood fence, at least six feet in height, on three sides, maintaining 100% visual blockage on three sides and a self-closing gate on the fourth side. These areas shall be screened from view of streets and dwellings.
10.
Access. Vehicular access points onto all minor arterial and collector streets shall be minimized to the lowest number possible.
11.
Visitor/overflow parking areas.
a.
Design. Off-street parking area(s) shall be provided at a rate of 0.25 space per dwelling unit. The off-street parking area(s) shall be provided in addition to the minimum off-street parking spaces required for each individual dwelling unit. The visitor/overflow parking areas shall be located not greater than 300 feet from any given dwelling. Off-street parking areas shall not be located between the public street and the principal building. Such parking areas shall be located to the side or rear of the principal structure and in pods of not more than 20 spaces. Each parking area shall be screened from view from the public right-of-way with a four-foot decorative masonry fence or evergreen hedgerow, or a combination of both. The parking areas shall contain internal landscaping. At a minimum, terminal islands shall be installed at both ends of a single unbroken row of parking. Terminal islands shall be a minimum of 15 feet in length and minimum of 10 feet in width. Each terminal island shall be landscaped with a minimum of one shade tree, and grass or a vegetative ground cover. In addition, a landscaped divider strip shall be provided to connect the terminal islands. The divider strip shall be a minimum of seven feet in width and be planted with a minimum of one shade tree every 30 feet on center and grass or a vegetative ground cover. These areas shall not be used to meet the standard parking requirements.
b.
Use. Boats, campers, trailers and other recreational vehicles shall be prohibited from said parking areas.
12.
Setback from industrial zoning districts. All buildings including one or more dwelling units shall have a minimum setback of 100 feet from the boundary of any LI/MU or IOC District boundary. If a public street is the zoning boundary, such setback shall be measured from the center line of the street.
§ 190-951 Nightclub.
A.
A nightclub serving alcohol shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
B.
A nightclub's hours of operation and activities must be appropriately scheduled to protect all surrounding residential development from detrimental noise, disturbance, or interruption.
C.
The owner(s) and operator(s) of a nightclub shall be responsible for the conduct and safety of the patrons. The owner/operator of the nightclub shall provide private security, licensed under the laws of the Commonwealth of Pennsylvania, if the maximum permitted occupancy allowed for the nightclub exceeds 100 persons.
D.
No more than one identification sign shall be permitted; said sign shall be a ground or a wall sign. The graphic area of the sign shall not exceed 40 square feet.
E.
If adjacent to a residential district or property, an additional ten-foot buffer yard, above and beyond any other required buffer, with 1 1/2 times the base required number of plants for screening and buffering off-street parking and loading areas shall be provided along the parking/loading area's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential uses.
§ 190-952 Nonfamily residential facility, type 1.
A.
A minimum of 25% of the site shall be suitable for and developed as passive recreation, including outdoor seating areas, paved trails, landscaping, and pedestrian walks.
B.
The use shall not exceed the density (dwelling units per acre of lot area) of the base zoning district in which it is proposed. Every four bedrooms within a nonfamily residential facility shall be considered equivalent to one dwelling unit for the purposes of density calculations.
C.
Delivery and service areas shall be obscured from the view of all residential properties by fencing, decorative walls or planted screening, as approved by the Board of Supervisors.
D.
Building height and setbacks shall be consistent with surrounding development.
E.
All rooms shall be located within the lot's principal building.
F.
Dumpsters shall not be located in a front yard and shall be screened with a fence or wall with a minimum height of eight feet and a minimum opacity of 80%.
G.
The lot shall front on a public street and be served by public sanitary sewers and public water.
H.
The facility shall have its principal traffic access to a public street with sufficient capacity to handle the traffic generated by the proposed use or shall provide improvements to meet such capacity.
I.
The facility shall be accessible for firefighting and evacuation purposes at all levels and on all sides. Otherwise, the facility shall be no more than two stories.
J.
Vehicular circulation on the site shall provide adequate areas for the safe and convenient pickup and dropoff of guests.
K.
The facility shall meet all Commonwealth requirements for life care or nursing/convalescent care facilities in addition to those defined in this subsection.
L.
Off-street parking shall be screened with an earth berm, landscaped buffer yard, fence or wall with a minimum height of four feet and a minimum opacity of 80%.
M.
The location, orientation and lot circulation shall be coordinated with the Township to minimize disturbance of surrounding land uses.
§ 190-953 Nonfamily residential facility, type 2.
A.
A minimum of 25% of the site shall be suitable for and developed as passive recreation, including outdoor seating areas, paved trails, landscaping and pedestrian walks.
B.
The lot shall front on a public street and be served by public sanitary sewers and public water.
C.
The facility shall have its principal traffic access to a public street with sufficient capacity to handle the traffic generated by the proposed use or shall provide improvements to meet such capacity.
D.
Vehicular circulation on the site shall provide adequate areas for the safe and convenient pickup and dropoff of guests.
E.
The use shall not exceed the density (dwelling units per acre of lot area) of the base zoning district in which it is proposed. Every four bedrooms within a nonfamily residential facility shall be considered equivalent to one dwelling unit for the purposes of density calculations.
F.
Delivery and service areas shall be obscured from the view of adjacent residential properties by fencing, decorative walls or planted screening, as approved by the Board of Supervisors.
G.
Adequate fire lanes shall be provided between structures and approved by the Fire Commissioner. Building construction shall comply with all applicable health and safety codes of the county, state and federal governments.
H.
Exterior lighting for parking areas shall be reduced to 50% luminosity after 10:00 p.m.
I.
Off-street parking shall be screened with an earth berm, landscaped buffer yard, fence or wall with a minimum height of four feet and a minimum opacity of 80%.
J.
Building height and setbacks shall be consistent with surrounding development.
K.
All rooms shall be located within the lot's principal building.
L.
Dumpsters shall not be located in a front yard and shall be screened with a fence or wall with a minimum height of eight feet and a minimum opacity of 80%.
§ 190-954 Nursing home.
A.
Nursing homes shall follow the same provisions for group-care facilities and transitional dwellings, in addition to the following subsections.
B.
The facility must comply with all state and federal regulations.
C.
A minimum lot area of two acres shall be required.
D.
The facility shall have its principal traffic access to a public street with sufficient capacity to handle the traffic generated by the proposed use or shall provide improvements to meet such capacity.
E.
Adequate fire lanes shall be provided between structures and approved by the Fire Commissioner.
F.
Ambulance, delivery and service areas shall be obscured from the view of all residential properties by fencing, decorative walls or planted screening, as approved by the Board of Supervisors.
§ 190-955 Outdoor industrial storage or supply yard.
A.
Service areas shall be screened from the public right-of-way by both an eight-foot-high fence and a six-foot-high evergreen planning, with the evergreen planning surrounding the fence, and not conflict with off-street parking associated with the use. No service areas shall be located between the lot line and the front facade of the principal structure.
§ 190-956 Personal care home.
Personal care homes shall follow the same provisions for group-care facilities and transitional dwellings.
§ 190-957 Personal services establishment.
A.
All personal services establishments involving professions requiring state licensure shall be appropriately licensed prior to operation.
B.
Outdoor storage of materials shall not be permitted.
C.
Dumpsters and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. Dumpsters and/or service areas shall not be located between front lot line and the front facade of the principal structure.
§ 190-958 Pick-your-own operation.
A.
Permits for seasonal sales activities may be issued at the discretion of the Zoning Officer as long as the requirements set forth herein for parking, buffer yards, and setbacks are met. Permit fees shall be determined by the Board of Supervisors.
B.
Retail activities shall not create undue traffic congestion to adjacent roadways.
§ 190-959 Place of assembly or worship.
A.
When permitted within the Medium-Density Residential (MDR) Zoning District, the minimum lot are shall be two acres.
B.
The landowner and/or developer shall demonstrate that the primary visitor dropoff and pickup area is located in a manner that does not cause undue traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
C.
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Township Engineer.
D.
If the parking area is adjacent to a residential use, an additional ten-foot setback for the respective lot line shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential use. In addition, either of the following shall be provided:
1.
One and one-half times the base required number of plants for screening and buffering off street parking and loading areas; or
E.
The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent properties. The landowner and/or developer shall provide a signed and sealed engineer's stormwater management plan compliant with the stormwater ordinance, for review by the Township Engineer.
§ 190-960 Planned development.
B.
Applicability.
1.
All provisions of this section and Chapter 165, Subdivision and Land Development, shall apply to a Planned Development, except where specific provisions of this article clearly differ from specific provisions of other sections of this chapter or the SALDO or where this article authorizes a modification.
2.
A Planned Development shall be considered a "subdivision" under the SALDO except that when specific procedural provisions for a Planned Development under the Pennsylvania Municipalities Planning Code[2] differ from the SALDO provisions, then provisions of such state law shall apply in place of the Chapter 165, Subdivision and Land Development, provisions.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Eligibility. An application for tentative approval of a proposed Planned Development shall only be eligible for tentative approval if the following initial requirements are met:
1.
The proposed Planned Development shall consist of one or more contiguous parcels of land under single ownership and control or under active agreement of sale with the parcels clearly intended to be owned and developed by a single legal entity.
2.
Public water and public sanitary sewer systems shall serve all principal uses of the Planned Development.
3.
No building in a Planned Development shall include more than four stories.
D.
Land uses.
1.
Residential uses permitted. A Planned Development shall include a mix of at least two of the following dwelling types:
2.
Minimum mix of housing types. A minimum of 20% of the dwelling units in a Planned Development shall be detached single-family dwellings, and a maximum of 40% of the dwelling units in a Planned Development shall be multifamily, low-rise apartments.
3.
The following nonresidential uses may be permitted in any Planned Development to the extent that these nonresidential uses are designed and intended primarily to serve residents of the Planned Development and are compatible and harmoniously incorporated into the unitary design of the Planned Development:
a.
Retail stores, personal services and restaurants without drive-through service. Such uses shall clearly be intended to serve the Planned Development and the immediate neighborhood. Each establishment shall include a maximum of 5,000 square feet of floor area.
b.
Offices and financial institutions (no drive-throughs).
c.
Primary and secondary schools, nursery schools, day-care centers, places of worship, community centers, nursing homes and personal-care homes.
E.
Density requirements.
1.
Land use density within a Planned Development shall be regulated by the following general standards:
a.
Maximum average residential density for the residential and common open space portions of the Planned Development site shall not exceed the following densities. In determining such densities, areas to be occupied by proposed streets need not be deleted from the acreage.
b.
The total area covered by all impervious surfaces shall not exceed 30% of the total tract area of the Planned Development.
c.
The percentage of the Planned Development site devoted to permanent common open space, excluding areas within 25 feet of all nonrecreation buildings, shall be no less than 25% of the total site area.
d.
The percentage of the Planned Development site to be devoted to nonresidential uses including required parking shall not exceed 5% of the total site area.
e.
No one net acre of land, after deleting street rights-of-way, shall exceed 12 dwelling units per acre.
2.
The maximum density set forth in Subsection E(1)(a) may be reduced by the Board of Supervisors where it is the opinion that the findings of the site analysis justify a modification.
3.
Site planning standards. The development plan for the development shall establish appropriate dimensional standards for all development within the Planned Development. The applicant shall prove to the satisfaction of the Board of Supervisors that such dimensional standards will result in highly functional and attractive development and will be compatible around the perimeter with adjacent development.
4.
The specific dimensional and lot requirements of the applicable district shall not apply to an approved Planned Development.
5.
Within a Planned Development, the Board of Supervisors may also modify other lot, off-street parking and dimensional requirements of other provisions of this chapter, not including this article, where the applicant proves such modification is needed to meet the purposes and standards of this article.
6.
The Board of Supervisors shall not have authority to reduce specific requirements of this article (other than submission and administrative requirements) or to grant a use variance. Such actions shall require a variance by the Zoning Hearing Board.
F.
Site analysis.
1.
Natural features analysis. In order to determine which specific areas of the total Planned Development site are best suited for higher-density development, which areas are best suited for lower-density development and which areas should be preserved in their natural state as open space areas, a thorough analysis of the natural features of the site is required. The following subject categories must be included in this analysis:
a.
Hydrology. Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, floodplain areas, permanent and seasonal high water table areas.
b.
Geological. Analysis of characteristics of rock formations underlying the site including defining aquifers (particularly those locally subject to pollution) and shallow bedrock areas.
c.
Soils. Analysis of types of soils present in the site area, based upon the County Soil Survey or a more detailed professional study.
d.
Topography. Analysis of slopes of site including mapping of areas over 25%, between 15% and 25% and between 12% and 15% slope.
e.
Vegetation. Analysis of tree and plant cover of the site, emphasizing mature woodlands.
f.
Micro-climate. Analysis of angles of strong sunlight and seasonal prevailing winds in specific areas of the Planned Development site.
2.
Community impact analysis. In order to determine the impact of the proposed Planned Development upon the Township, an analysis of the potential affects of the Planned Development upon public facilities, utilities, roadway systems and public schools is required. A comparison of the projected costs to the Township and school district versus the revenues to the Township and school district produced by the Planned Development shall be included in the analysis.
G.
Site design requirements.
1.
Residential uses.
a.
The results of the natural features analysis shall be considered in the siting of all dwelling unit structures.
b.
Conventional siting practices such as building setbacks from streets and minimum distances between buildings may be varied in order to produce attractive and interesting arrangement of buildings.
c.
Dwelling unit structures shall be located and sited so as to promote pedestrian and visual access to common open space wherever possible. No parking or parking structures shall be permitted on the front side of the building. Bicycle parking and storage facilities shall be provided for the use of residents and visitors.
d.
Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the Planned Development and maintain privacy for residents adjacent to the Planned Development.
e.
Buildings other than single-family detached dwellings and their accessory structures shall be set back a minimum of 100 feet from the lot line of an existing single-family detached dwelling. All principal buildings shall be set back a minimum of 50 feet from all exterior lot lines of the Planned Development.
f.
No structure shall be located within 20 feet of the right-of-way of a street within the Planned Development.
2.
Commercial uses.
a.
Any commercial uses shall be located in a single area of the Planned Development site, and this area including parking areas shall not exceed 5% of the total area of the Planned Development.
b.
The applicant shall prove to the clear satisfaction of the Board of Supervisors, considering review by the Planning Commission, that any principal nonresidential uses will:
c.
Signs for commercial uses are permitted, subject to the following restrictions:
i.
A single sign for the commercial center is permitted. Such signs shall be limited to a height of six feet with a total area of 30 square feet.
ii.
Signs for individual uses shall be permitted on the building, which shall be not more than 30 square feet in area, and shall be mounted flush on the building. Freestanding signs for individual uses are prohibited.
iii.
Signs may be illuminated by shielded floodlights, provided such lighting is designed and located so as to direct light upon the sign and not an adjacent residence. Lights of signs shall be illuminated only during times when nonresidential uses are open to the public.
iv.
No sign shall be permitted that is prohibited by this ordinance.
d.
Bicycle parking and storage facilities shall be provided for the use of customers and visitors.
3.
Common open space.
a.
The location, shape, size and character of the common open space shall be provided in a manner consistent with the objectives of the Planned Development provisions of the Pennsylvania Municipalities Planning Code[3] and in full consideration of the natural features analysis.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
b.
Uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its natural features, size, land use intensity, potential population and the number and types of dwelling units to be developed.
c.
Whenever possible, common open space shall be designed as a contiguous area interspersed with residential areas with pedestrian and visual access available to most residents of the Planned Development.
d.
Significant natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings and scenic views shall be incorporated into common open space areas whenever possible. Provided, however, that no less than 25% of the total common open space area shall be suitable for intensive use as an active recreation area.
e.
Development of the Planned Development must be planned so as to coordinate the establishment of common open space areas and the construction of dwelling units.
4.
Parking.
a.
Except as otherwise approved by the Board of Supervisors, after review by the Planning Commission, the Planned Development shall meet the parking requirements of this chapter. In the case of a Planned Development where the conversion of garage areas to other uses is strictly prohibited by deed restriction, each garage space may be counted as one off-street parking space in addition to each driveway space, regardless of the type of residential unit served. All parking shall be in the rear or side.
b.
Parking areas of three or more spaces shall:
i.
Be screened from streets exterior to the Planned Development by hedges, dense planting, earth berms or changes in grade or walls;
ii.
Shall be a minimum of 15 feet from all dwellings and collector, connector and arterial street rights-of-way;
iii.
Except as otherwise approved by the Board of Supervisors, after review by the Planning Commission, no more than 60 parking spaces shall be accommodated in any single parking area.
5.
Lighting.
a.
All streets, off-street parking areas and areas of intensive pedestrian use shall be adequately lighted after dark. All such lighting shall be designed and located so as to direct light away from adjacent residences.
b.
Appropriate lighting fixtures shall be provided for outdoor walkways, steps and handicapped ramps. Such lighting shall be designed and located so as to direct light away from adjacent residences.
6.
Soil erosion and storm drainage.
a.
The Planned Development shall be designed and constructed so as to minimize site clearance and earth-moving. The results of the natural features analysis be taken into account in determining areas suitable for site clearance and earth-moving.
7.
Tree preservation and landscaping.
a.
Except as otherwise approved by the Board of Supervisors, considering review by the Planning Commission and the Shade Tree Commission, tree preservation and landscaping provisions of this chapter and Chapter 165, Subdivision and Land Development, of this Code, shall apply. Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the Planned Development site, appropriate landscaping shall be planted to enhance the appearance of the Planned Development, aid in erosion control, provide protection from wind and sun, screen streets and parking areas and enhance the privacy of dwelling units.
b.
Existing trees shall be preserved wherever possible. The protection of trees six inches or more in diameter (measured at a height 3.5 feet above the original grade) shall be a factor in determining the location of open spaces, structures, underground utilities, walks and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.
8.
Streets.
a.
The street system of the Planned Development shall be designed so as to relate harmoniously with land uses within and adjacent to the Planned Development through the establishment of a hierarchy of roadway functions, to create a separation of automobile, bicycle, and pedestrian traffic through the coordinated design of streets, dwelling units, common open space areas, bike lanes, bike paths, and pedestrian walkways, to create efficient and safe connections with the existing street system of the Township in order to insure proper ingress and egress to and from the Planned Development and to minimize through traffic in residential areas.
b.
In order to separate automobile, bicycle, and pedestrian circulation and to increase accessibility to common open space areas, bike lanes, bike paths, and pedestrian walkways shall be provided. Curbs and sidewalks shall be required adjacent to streets in a Planned Development.
c.
Streets shall meet all standards of Chapter 165, Subdivision and Land Development, of this Code, except that the Board of Supervisors may allow modifications in such requirements after receiving a written request from the applicant and after the applicant proves to the satisfaction of the Board of Supervisors that such modification is reasonable. The Planning Commission shall be given an opportunity to review such requests.
d.
A private common driveway may access multiple single-family attached dwelling units on a common lot. The private common driveway shall be designed with adequate provisions for sight distance, a minimum twenty-four-foot cartway width, center line radii, intersection curb return radii, all based on accepted guidelines as published by AASHTO, the Institute of Transportation Engineers, or other industry-recognized agencies. The private common driveway shall be posted with a speed limit of 20 miles per hour and shall have at least two points of access to another private common driveway or street. Where a private common driveway intersects a public street, the provisions of Chapter 165, Subdivision and Land Development, of this Code, for clear sight triangles and intersection separation between local public streets shall apply.
H.
Utilities. Underground provisions shall be made for telephone, internet, electric service, cable TV lines, and all other utilities.
I.
Ownership/maintenance of common open space.
1.
Organization. The developer shall make provisions which ensure that the common open space land shall continue as such and be properly maintained. The developer shall provide for and establish a homeowners' association or similar organization for the ownership, maintenance and preservation of open space which shall conform to the following standards and procedures:
a.
The organization shall be established by the developer before the sale or rent of dwelling units in the Planned Development.
b.
The form, financial capability, rules of membership and methods of cost assessment of the organization shall be in a form acceptable to the Township so as to adequately provide for the maintenance, preservation and improvement responsibilities of the organization.
c.
The organization responsible for maintenance, preservation and improvement of common open space areas shall be the sole owner of the common open space lands.
d.
The organization shall hire adequate staff or contractors to administer and maintain common facilities and open space.
e.
Such organization shall meet all applicable state law.
3.
Payment of maintenance costs of Township. Section 705(f) of the Pennsylvania Municipalities Planning Code, as amended, or its successor section, is hereby included by reference.
4.
Public dedication of common open space. In place of establishing a homeowner association, the Board of Supervisors may approve other methods of owning and maintaining the common open space, such as dedication to the Township, Northampton County or the Easton Area School District as public recreation land. However, such method shall not be approved unless such entity agrees in writing to own and maintain such land in perpetuity as public recreation land. Such actual dedication shall not occur until such entity takes formal action to accept the dedication.
J.
Development in phases. A Planned Development may be developed in phases if the applicant proves that the following standards are met:
1.
The location and order of each phase is clearly marked on the development plan.
2.
At least 10% of the dwelling units in the development plan are included in the first phase.
3.
At least 50% of the dwelling units in the Planned Development shall be rented or sold before any commercial development is completed.
4.
All phases shall be completed consistent with the development plan and shall be of such size and location that they constitute economically sound units of development.
5.
Each proposed phase (including, but not limited to, its utilities, open space, density and transportation system) shall be able to properly function if other phases of the Planned Development are not completed.
K.
Procedures. Preliminary and final plans for a Planned Development shall each be reviewed by the Township Planning Commission and be subject to approval, conditional approval or denial by the Board of Supervisors.
1.
Preapplication consultation. Prior to the preparation and submission of an application for Tentative Approval, a preapplication consultation meeting should be held with the Township Planning Commission by the prospective applicant for tentative approval. The purpose of the informal meeting is to discuss the general intent of the landowner, to consider relationships with adjacent neighborhoods and streets, and to discuss possible modifications of Township requirements. No comment or statement concerning a review at this time shall be binding on the Township. The applicant should submit a conceptual sketch plan that follows the standards listed in Chapter 165, Subdivision and Land Development, of this Code, for a sketch plan.
2.
Application for tentative approval.
a.
An application for tentative approval on a form prescribed by the Township shall be executed by or on behalf of the landowner and filed with the Township. A tentative Planned Development approval shall take the place of a "preliminary plan approval" under Chapter 165, Subdivision and Land Development, of this Code. Unless stated otherwise in a Township fee resolution, the same amounts and procedures for payment of fees and costs shall apply for a Planned Development as would apply to a subdivision including the same amount of development.
b.
The application for tentative approval shall be accompanied by and include plans, documents and studies which contain or illustrate the following information:
i.
The location, size and topography of the Planned Development site and the proposed name of the Planned Development.
ii.
The nature of the landowner's and developer's interest in the Planned Development, with addresses of such persons.
iii.
The proposed land use areas within the Planned Development distinguishing between types of residential, nonresidential and open space uses.
iv.
The land use density of each land use within the Planned Development and the average gross residential density for the entire Planned Development.
v.
The use and approximate height, bulk and location of existing and proposed buildings and other structures.
vi.
The location, function, size, ownership, proposed facilities and entity to be responsible for maintenance of the common open space.
vii.
The location, rights-of-way and cartway widths of existing and proposed streets and the location and capacity of areas for the parking of vehicles.
viii.
The feasibility of proposals for water supply and sanitary sewage and stormwater disposition systems.
ix.
The proposed location of all utility lines, bike lanes, and pedestrian walkways.
x.
The substance of covenants, grants of easements or other restrictions to be imposed upon the use of land, buildings and structures, including proposed grants and/or easements for common open space areas and public utilities and the legal form of provision thereof.
xi.
In the case of plans which call for development in phases, a schedule showing the approximate time within which applications for final approval of each phase of the Planned Development are intended to be filed and the approximate number of dwelling units, types of dwelling units and gross residential density for each type of dwelling unit planned for each phase. The schedule shall be updated annually on the anniversary of submission for tentative approval.
xii.
A site map or maps at one inch equals 100 feet (or such other scale as may be preapproved by the Township Engineer) delineating the hydrology, geology, soils, topography and vegetation of the site. The combined impact of the natural features upon the development potential of each specific area of the site shall be clearly illustrated on the map or maps at the same scale as the required site plan.
xiii.
The community impact analysis.
xiv.
A site plan of one inch equals 50 feet (or at such other scale as may be preapproved by the Township Engineer) showing contour lines at vertical intervals preapproved by the Township Engineer.
xv.
Approximate location, size and material of all sanitary sewer, water supply and storm drainage system lines and proposed connections to existing public facilities.
xvi.
A plan at one inch equals 800 feet, or at such other scale as may be preapproved by the Township Engineer, illustrating the relation of the proposed Planned Development to the surrounding area and all existing developments within 1,000 feet of the Planned Development.
xvii.
In the case of plans which call for development in phases, a plan at one inch equals 100 feet or at such other scale as may be preapproved by the Township Engineer, delineating each phase or section of the Planned Development consecutively numbered so as to illustrate phasing of development.
xviii.
A written statement by the developer setting forth the reasons why, in his/her opinion, the Planned Development would be more in the public interest than conventional development of the tract.
xix.
Such other plans, maps, studies and documentation which may be required to comply with the terms of this section or which the Township may reasonably request at any phase in the proceedings to determine compliance with Township ordinances.
xx.
North arrow, graphic scale, date of submission and date and description of revisions.
c.
Planning commission review. One copy of every application for tentative approval received by the Township shall be promptly forwarded to the Township Planning Commission and to the Lehigh Valley Planning Commission (LVPC) for study and recommendation. Any report and recommendation received from the Township Planning Commission or the LVPC shall forthwith be made available to the landowner. Any recommendation of the Township Planning Commission or LVPC shall be advisory and the failure of either of said Commissions to furnish a recommendation shall not give rise to any resumptions or inferences.
e.
Tentative decision and findings. Section 709 of the Pennsylvania Municipalities Planning Code,[7] as amended, or its successor section, is hereby included by reference. The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, for the denial and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest including, but not limited to, findings of fact and conclusions on the following:
i.
In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township.
ii.
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property including, but not limited to, density, bulk and use and the reasons why departures are or are not deemed to be in the public interest.
iii.
The purpose, location and amount of the common open space in the Planned Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
iv.
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment.
v.
The relationship, beneficial or adverse, of the proposed Planned Development to the neighborhood in which it is proposed to be established.
vi.
The sufficiency of terms and conditions to protect the interests of the public and the residents of the Planned Development in the integrity of the development plan and to make sure that portions of the development will properly function, with appropriate amenities, even if later portions are not completed.
[7]
Editor's Note: See 53 P.S. § 10709.
f.
Timetable for filing final approval. Section 709(c) of the Pennsylvania Municipalities Planning Code,[8] as amended, or its successor section is hereby included by reference. Tentative approval shall not by itself authorize the construction of streets, utilities or buildings.
[8]
Editor's Note: See 53 P.S. § 10709(c).
h.
Application for final approval.
ii.
The application for final Planned Development approval shall include a final plan at a scale of 50 feet to the inch or other scale preapproved by the Township Engineer. If the final plan is drawn in two or more sections, a key map showing the location of the several sections shall be placed on each sheet. The final plan shall meet all requirements of a final major subdivision plan, as stated in Chapter 165, Subdivision and Land Development, of this Code, and shall also include all plan information required for the tentative Planned Development plan. In addition, the final Planned Development plan shall include the following:
i.
Source of title to the land of the development as shown by the records in the Recorder of Deed's office.
ii.
Total acreage of development, land uses in each area, total number of buildings and dwelling units, number of each type of dwelling unit, average residential density in total and in each section.
iii.
Building coverage lines accurately locating all types of dwelling units and nonresidential buildings and structures, giving dimensions of the buildings and structures, distances between buildings and structures, distances to street right-of-way lines and parking areas, with distances accurate to the nearest hundredth of a foot.
iv.
Accurate dimensions of common open space areas specifically indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. Where common open space areas are to be developed, the exact location of structures in common open space areas shall be illustrated.
v.
Tentative architectural sketches of the front facades of all proposed types of buildings. If variations are proposed of a single style, a typical design may be presented. Such sketches shall not be the basis of a denial of a Planned Development.
iii.
In the case of a Planned Development proposed to be developed in phases, a final plan may be submitted for the section for which final approval is being sought.
iv.
The final plan shall be accompanied by the following materials:
i.
Final drawings for the installation of all improvements.
ii.
All covenants running with the land governing the reservation and maintenance of dedicated or undedicated open space land. These matters shall be subject to legal review and acceptance by the Township Solicitor.
iii.
Restrictions of all types which will run with the land and become covenants in the deeds of lots shown on the final plan.
iv.
Such certificate of approval by authorities as have been required in this chapter, including certificates approving the water supply system and the sanitary sewer system.
L.
Enforcement and modifications.
Section 712.2 of the Pennsylvania Municipalities Planning Code,[12] as amended, or its successor section, is hereby included by reference.
1.
Enforcement. To further the mutual interest of the residents of the Planned Development and of the public in the preservation of the integrity of the approved development plan and to ensure that any modifications in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
a.
The provisions of the development plan relating to:
i.
The use, bulk and location of buildings and structures,
ii.
The quantity and location of common open space, except as otherwise provided in this chapter; and
iii.
The intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law.
b.
All provisions of the development plan shall run in favor of the residents of the Planned Development but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the Planned Development except as to those portions of the development plan which have received final approval and been recorded.
2.
Modifications. All those provisions of the development plan authorized to be enforced by the Township under this section may be modified, removed or released by the Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
3.
No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the Planned Development to maintain and enforce those provisions, at law or in equity, as provided in this section.
4.
No modification, removal or release of the provisions of the development plan by the Township shall be permitted except upon a finding by the Board of Supervisors, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this article, that the same is consistent with the efficient development and preservation of the entire Planned Development, does not adversely affect either the enjoyment of land abutting upon or across the street from the Planned Development or the public interest and is not granted solely to confer a special benefit upon any person.
5.
Residents of the Planned Development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall by itself affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this section.
[12]
Editor's Note: See 53 P.S. § 10712.2.
§ 190-961 Recycling collection center.
A.
Materials to be collected shall be of the same general character as the following materials: paper, cardboard, aluminum, fabric and glass, yard waste, and scrap metal.
B.
All materials shall be kept in Township-approved containers, with sanitary measures to prevent the attraction of insects or rodents and to avoid any fire hazards.
C.
Such facility shall have adequate provision for servicing by trucks and off-street parking.
D.
A twenty-foot-wide buffer yard with screening as described in§ 190-804, Special lot and yard requirements, sight distance and buffer yards, shall be provided between this use and any directly abutting residence or LDR, MDR or HDR District.
E.
This use may be an accessory use to a commercial use, a municipal use, or a place of worship, subject to the limitations of this section.
§ 190-962 Research, development, engineering or testing laboratory.
A.
No use shall be permitted that:
B.
All storage of explosive or hazardous substances or gases shall comply fully with the standards of the National Fire Protection Association.
C.
The Board of Supervisors shall require the applicant to provide evidence of compliance with all current regulatory requirements.
§ 190-963 Residential accessory structure or use.
The following, and closely related uses, are permitted residential accessory structures or uses in all districts, provided that all of the requirements of this section are "complied with." See also the definition of "accessory use."
A.
Accessory Structure (including private vehicle garage).
1.
No accessory structure shall be located within a required front yard or within a required side or rear yard for an accessory use.
B.
Garage sale.
C.
Nonhousehold swimming pools.
D.
Keeping of pets.
E.
Fences, walls and hedges.
F.
Day-care, child as an accessory use.
G.
Home gardening or greenhouse.
H.
Storage of a recreational vehicle.
I.
Windmill.
J.
Farm pond.
K.
Tennis court.
L.
Satellite antenna.
M.
Amateur radio antennas. These shall be limited to federally licensed operators and shall be set back one foot from lot lines for each foot of total height above ground level over 40 feet, up to a maximum height of 75 feet in a residential district.
O.
Unit for care of relative.
Q.
Skateboard ramps, bicycle ramps and similar ramps for sports or athletics.
1.
Any such ramp that is on a residential lot shall meet the following requirements:
a.
Shall be set back a minimum of 10 feet from any residential lot line (see definition in Article II).
b.
Shall have a maximum height of five feet.
c.
Shall have a maximum length of 15 feet.
d.
Shall not require a zoning permit.
e.
Shall not be used in a way that a nuisance is created to neighboring residents.
f.
Shall not be located within the required front yard, unless the ramp is clearly portable and regularly moved indoors when not in use.
2.
The owner of the property shall be responsible to ensure that standard safety measures are used. The Township does not assume responsibility to review the safety of the ramp to users of the ramp or spectators.
§ 190-964 Restaurant, quick-service.
A.
Required off-street parking for the restaurant shall be clearly designated and shall be located within 300 feet of the entrance to the restaurant.
B.
Dumpsters and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. Dumpsters and/or service areas shall not be located in the front lot line and the front facade of the principal structure.
C.
Outdoor storage of materials shall not be permitted.
D.
The use must have direct access to a collector or arterial street.
E.
A pedestrian walkway shall be provided between the existing sidewalk and the entrance of the restaurant.
G.
A minimum of 10 stacking spaces shall be provided for each drive-through lane.
H.
Stacking shall not interfere with the normal traffic flow within the lot, nor shall it cause the stopping of vehicles on any public right-of way.
I.
A maximum of two outdoor menu boards are permitted, beyond the signs normally permitted. The total of each outdoor menu board (digital or nondigital) shall not exceed a maximum sign area of 40 square feet.
§ 190-965 Restaurant, sit-down.
A.
Required off-street parking for the restaurant shall be clearly designated and shall be located within 300 feet of the entrance to the restaurant.
B.
Dumpsters and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. Dumpsters and/or service areas shall not be between the front lot line and the front facade of the principal structure.
C.
Outdoor storage of materials shall not be permitted.
D.
The use must have direct access to a collector or arterial street.
E.
A pedestrian walkway shall be provided between the existing sidewalk and the entrance of the restaurant.
§ 190-966 School, commercial.
A.
No structure shall be located nearer than 100 feet from any residential property line.
B.
The minimum lot area shall be 10 acres, plus one acre for each 100 students of projected maximum enrollment of the school.
C.
Parking areas shall be adequately screened when situated next to lands zoned for or in residential use.
D.
Commercial schools involving the operation of machinery and/or vehicles as part of the curriculum shall meet the following provisions:
1.
All repair and paint work shall be performed within an enclosed building.
2.
All provisions shall be made to prevent noise, odor, vibration, light or electrical interference to adjacent lots.
3.
Outdoor storage of vehicle/machine parts and junk shall be prohibited.
4.
Service bay doors shall not face abutting existing primarily residential uses, unless an earthen planting berm of a minimum of 3.5 feet in height is provided in between the service bay(s) and the residential uses. The berm shall be landscaped with plants providing four seasons of tree and shrub cover.
5.
The facility shall have its principal traffic access to a public street with sufficient capacity to handle the traffic generated by the proposed use or shall provide improvements to meet such capacity.
6.
A traffic study shall be required and prepared for the proposed use.
§ 190-967 School, public or private.
A.
The minimum tract area shall be 10 acres. In the event that the tract area of a site falls below the minimum tract requirement, then a land development approval must be obtained from the Board of Supervisors. The tract area shall comply with all applicable school building standards within 22 Pa. Code, Chapter 349, as amended.
B.
Access to and from the proposed site shall be onto an arterial or collector road as defined by the Official Street Classification Map or via a route to an arterial or collector road as approved by the Township.
C.
An outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s). Accessory uses and/or structures may be located on separate lots within the primary tract.
D.
The tract shall provide for off-street bus management and vehicular dropoff areas to accommodate the delivery and pickup of students at the site as set forth on a plan reviewed by the Township Engineer and ultimately approved by the Township.
E.
Adequate provisions for pedestrian and bicycle access to the site shall be provided to the satisfaction of the Township.
F.
Any vehicle maintenance area shall meet the following requirements:
1.
All repair and paint work shall be performed within an enclosed building.
2.
All provisions shall be made to prevent noise, odor, vibration, light or electrical interference to adjacent lots.
3.
Outdoor storage of autos and other vehicles shall only be in back of the front yard line and shall be no closer than 20 feet to side and rear lot lines.
4.
Outdoor storage of auto parts and junk shall be prohibited.
5.
Service bay doors shall not face abutting existing primarily residential uses, unless an earthen planting berm of a minimum of 3.5 feet in height is provided in between the service bay(s) and the residential uses. The berm shall be landscaped with plants providing four seasons of tree and shrub cover.
§ 190-968 Self-storage development.
A.
Outdoor storage shall be limited to recreational vehicles, campers and boats on trailers parked on paved areas. All such items stored out of doors must be licensed and inspected (if applicable).
B.
Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal, animal carcasses or skins, or similar items shall not be stored, except for garbage that is generated on-site.
C.
No items or vehicles shall be stored in interior traffic aisles, off-street parking areas, loading areas or driveway areas.
D.
Commercial repairing of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted, unless such use is also permitted.
E.
Adequate lighting shall be provided to illuminate the area but directed away or shielded to direct light away from adjacent uses. Such lighting shall meet the provisions of § 190-513, Light and glare control, and any other applicable provisions in the Township Code.
F.
All outdoor storage areas shall be adequately screened from view from arterial streets, collector streets and residential lot lines. Such lighting shall meet the provisions of § 190-804, Special lot and yard requirements, sight distance and buffer yards, and any other applicable provisions in the Township Code.
§ 190-969 Shopping center.
A.
The use shall front on an arterial street.
C.
The site shall utilize interior access drives to the greatest extent possible to minimize the number of driveways entering onto an arterial street. The applicant shall prove that all proposed driveways are placed in the most logical and reasonable locations, considering impacts upon abutting streets and on nearby residential uses. The Board of Supervisors may require that no new traffic access that would involve left-hand turns onto and off an arterial street shall be permitted if reasonable access could be provided using another street deemed adequate by the Board of Supervisors, except at an intersection where a traffic signal exists or will be provided as part of the shopping center use.
D.
Pedestrian walkways shall be provided in the exterior most sidewalk on the lot and the facade of the principal structure, as well as between parking aisles.
E.
Accessible, covered pedestrian walkways shall be provided linking buildings in a shopping center. Pedestrian oriented projecting signs shall be provided for patrons to identify businesses from within the walkway, in accordance with Article VII, Signs.
F.
No loading areas or dumpsters shall be provided within the required front yard area. Trash dumpsters shall be well screened from view of streets or dwellings by appropriate evergreen planting, fencing or walls.
§ 190-970 Short-term rental.
A.
The household must be the permanent address of the owner or lessee and the owner or lessee must occupy the household for at least six months of the calendar year. The owner or lessee shall register as a short-term rental with the Township.
B.
An owner or lessee of the household may provide short-term rentals up to six times in one calendar year, whereas the maximum total number of days short-term rental activity shall be permitted to occur per dwelling unit shall not exceed of 30 calendar days in one calendar year.
C.
The short-term rental shall not permit more than two persons to occupy one bedroom.
D.
If the short-term rental pertains specifically to couches, the short-term rental shall not permit more than one house guest to occupy one couch. Additionally, if the short-term rental does not offer private sleeping quarters, then the house guest shall be limited to one per household at a time.
E.
All activity at the short-term rental shall be subject to enforcement of the Township's noise-, nuisance-and property maintenance-related ordinances. Any noise caused by the house guests that disturbs the neighboring households shall not be permitted, and if the house or house guest is convicted by the police for any disturbance(s) of the peace, the owner or lessee shall not be permitted to continue to offer short-term rentals.
F.
Within the context of short-term rentals, a meeting room shall refer to the location within the dwelling unit where a house guest(s) gathers for personal and/or professional purposes.
G.
The short-term rental shall provide one off-street parking space per bedroom available for rental.
§ 190-971 Single-family attached dwelling (townhouse).
A.
The following provisions apply to Single-family attached dwelling (townhouse) within zoning districts where permitted:
1.
Terms. For the purpose of this subsection, the term "townhouse" shall refer to single-family attached dwelling uses.
2.
Minimum tract area. Townhouses shall have a minimum tract area of 21,000 square feet.
3.
Vehicular parking setback. See § 190-603G, Parking lot setbacks. Off-street parking shall not be permitted within the front yard area of a lot and shall be located to the rear or side of the principal structure. No off-street parking areas shall be permitted between the principal structure and the public street. Bicycle parking and storage facilities shall be provided for the use of residents and visitors.
4.
Principal building separation. All principal buildings shall be separated from any other principal building by a minimum of 30 feet and a minimum average of 40 feet. A building may include multiple dwelling units.
5.
Maximum density.
a.
Site capacity calculation. The maximum total density of a townhouse development shall be determined as follows. If an area of land would have more than one characteristic stated in Subsection A(5)(a)(i) through (vii) below, it shall only be deleted once. All land areas shall be stated in hundredths of an acre.
i.
The total lot area of all lots within the tract, not including existing rights-of-way of existing public streets.
= _____ acres |
ii.
Delete future rights-of-way abutting existing public streets that are required to be dedicated.
- _____ acres |
Areas voluntarily dedicated for an improvement to a public street that are not required by PennDOT or the Township but that the Board of Supervisors determines will serve a substantial public need are not required to be deleted from the buildable area of the tract. |
Rights-of-way of proposed streets are not required to be deleted from the buildable area of the tract, except as specified above. |
iii.
Delete areas of more than 1,000 square feet with existing natural slopes of 15% or greater.
- _____ acres |
iv.
Delete areas within the 100-year floodplain, according to official FEMA/FIA maps or a detailed study using accepted hydraulic modeling techniques which meets all requirements listed in § 190-506.
- _____ acres |
v.
Delete areas proposed to be used for any principal uses other than townhouses or common open space.
- _____ acres |
vi.
Delete areas to be dedicated to the Township as public open space.
- _____ acres |
vii.
Delete areas within existing surface utility or stormwater rights-of-way or casements, such as overhead electric transmission rights-of-way, existing stormwater management facilities and/or drainage swales. Existing underground utility and drainage easements are not required to be deleted from the buildable area of the tract.
- _____ acres |
viii.
Equals the "buildable area of the tract."
= _____ acres |
ix.
To determine the maximum total permitted number of new and existing townhouse dwelling units permitted within the tract, multiply the buildable area of the tract by the following:
x.
Townhouse density: six dwelling units per acre of buildable area of the tract.
= _____ acres permitted dwelling units |
b.
Flexibility in placement. The total number of dwelling units allowed on the tract may be placed at any appropriate locations within the buildable area of the tract within the setback and other provisions of this ordinance. However, no single acre of land shall include more than 12 dwelling units, once streets and dedicated common open space are deleted from the lot area.
c.
In calculating the allowable overall density, land which is capable of further development or subdivision for additional dwellings shall not be counted unless the possibility of such development or subdivision is precluded by one of the following methods:
d.
Condominiums and lots. The division of land into individual lots is not required. This allows the development of condominium and townhouses. However, any condominium development or conversion to condominium ownership shall follow the requirements and processes of the Township Subdivision and Land Development Ordinance.
e.
Condominiums and streets. In any development of or conversion to condominiums, the Township shall reserve the right to require all roads and major driveways to be constructed or improved to Township standards and dedicated to the Township. The responsibility of maintaining interior roads and major driveways should not be given to a homeowner association, unless there are adequate safeguards.
6.
Maximum height. Maximum building height shall be 35 feet or 2.5 stories, whichever is more restrictive. Pitched roofs with a slope of five inches vertical for every 12 inches horizontal or greater and variations in rooflines of structures are strongly encouraged for the purpose of variety.
7.
Buffer yard. A buffer yard with screening shall be required, as described in § 190-804D, Buffer yards, between any townhouse principal building and any abutting existing single-family detached dwelling that would be within 120 feet of a townhouse building. The buffer yard shall be the responsibility of the developer of the townhouses.
8.
Accessory uses and structures.
b.
The intent is to carefully avoid incompatible structures in a high-density environment.
c.
Garages or carports for the storage of private automobiles are a permitted by right accessory use, provided that such structures are architecturally compatible with the principal buildings.
d.
The developer shall state whether any deed restrictions or similar restrictions will be established to control the design of any detached accessory buildings and fences. Such controls are strongly encouraged.
e.
Accessory structures may be placed a minimum of one foot from the lot line along which dwellings are attached. Fences may be located on a lot line.
9.
Homeowners' and/or condominium agreements. If any dwelling units are to be sold under homeowners' and/or condominium agreements, such agreements or documents shall be reviewed by the Township Solicitor and approved by the Board of Supervisors prior to recording and filed with the subdivision or land development plan. It is strongly recommended that any such agreements include restrictions requiring any fencing or garages to be compatible with the overall design.
10.
Maximum impervious coverage shall be 70%, based upon the entire tract. For the purpose of this section, active recreational facilities such as tennis or basketball courts shall not be limited by the maximum impervious coverage regulation. However, such areas shall still be considered impervious for the purposes of managing stormwater runoff.
11.
Maximum length of building. The maximum length of a townhouse building shall be 160 feet, with no more than four dwelling units attached. As used in this section, "building length" means the horizontal measurement of any building length from any one end to any other end, without regard to offsets but without including diagonal measurements. At a minimum, factors to be incorporated into design include articulation in roofline and pitch, dormers or other similar features, and alternating facade materials (e.g., stone, brick, and wood). Also, a minimum of 50% of all dwellings shall have a front entrance articulated with a covered porch entry. The size of the front porch shall be a minimum of five feet deep from the front wall of the dwelling to the enclosing porch rail and 10 feet long. The applicant may provide an alternative design as part of the application that meets the intent of this standard.
12.
Changes in facade. No more than two adjacent townhouses in any townhouse building shall have the same front wall plane. The minimum variation or offset of the front wall plane shall two feet. A visual structural break in the roofline or front facade shall be provided between every two townhouse units.
13.
External property line building setback. Townhouse buildings and their permitted accessory structures shall be setback from all exterior lot lines of a tract a minimum distance of 30 feet, except a minimum distance of 80 feet shall be required from the lot line of an existing single-family detached dwelling.
14.
Building setback from public or private streets. All principal and accessory buildings and carports of townhouse buildings shall have a minimum of 10 feet setback from the street right-of-way line of proposed and existing streets where parking is located to the rear or side of the principal structure. Where parking is proposed to be located to the front of the principal building, the front yard setback shall be a minimum of 30 feet from the street right-of-way line of proposed and existing streets. If right-of-way is not established for a street, then setbacks shall be measured from the edge of the cartway.
15.
Minimum width of townhouses. Each townhouse dwelling unit shall have a minimum width of 28 feet.
16.
Minimum private area. For each townhouse, there shall be a yard immediately adjacent to the front and back of the unit and including the side for end units. Each dwelling shall be provided an area of not less than 200 square feet for the exclusive use of the occupants of that dwelling. Within the yard area described above, a balcony, patio, porch, deck or other similar outdoor area shall be provided for each dwelling. If a development is subdivided into lots, the same private area requirement shall apply in determining the minimum size of the lot; however, the minimum lot area shall not be less than 3,000 square feet. Design measures shall be used to seek an appropriate level of privacy in any rear yards. Such measures might include landscaped screening, compatible fencing and earth berming. The intent is to avoid the placement of incompatible fencing by individual lot owners in the future. If a townhouse includes an individual fee-simple lot of over 1,200 square feet, then such private area is not required to be specifically designated on plans.
17.
Minimum recreation and open space land. See Subdivision and Land Development Ordinance.
18.
Open space maintenance. See Subdivision and Land Development Ordinance.
19.
Private streets. All interior streets and accessways serving more than five dwelling units but not including parking courts shall be built to Township construction standards for public streets, regardless of whether the streets or accessways will be dedicated to the Township. However, the Board of Supervisors may allow widths of a cartway and a right-of-way of any private street or accessway to be narrower than is required for a public street, provided that a private street providing direct or indirect access to 20 or more dwellings shall have a minimum width of 24 feet and garages, carports or parking areas are located to the side or rear of the principal structure.
20.
Architectural renderings required. Preliminary architectural renderings shall be required of the front facades of any townhouse development.
21.
Preservation of natural buffers. See § 190-804D(3)(c), Preservation of existing vegetation or slopes.
22.
Architectural variety. A variety of complimentary designs are encouraged among clusters of buildings within larger developments. Extreme changes of facades among attached townhouse units are discouraged.
23.
Mailboxes. Due to the density and compact design of townhouse developments, mailboxes should be located either on the facade of the dwelling unit (where permitted by the United States Postal Service) or within a common kiosk or enclosed structure. Individual freestanding mailboxes at the curbside are discouraged.
24.
Access. Vehicular access points onto all minor arterial and collector streets shall be minimized to the lowest number possible.
25.
Visitor/overflow parking areas.
a.
Design. The off-street parking area(s) shall be provided in addition to the minimum off-street parking spaces required for each individual dwelling unit. The visitor/overflow parking areas shall be located not greater than 300 feet from any given dwelling. Off-street parking areas shall not be located between the public street and the principal building. Such parking areas shall be located to the side or rear of the principal structure and in pods of not more than 20 spaces. Each parking area shall be screened from view from the public right-of-way with a four-foot decorative masonry fence or evergreen hedgerow, or a combination of both. The parking areas shall contain internal landscaping. At a minimum, terminal islands shall be installed at both ends of a single unbroken row of parking. Terminal islands shall be a minimum of 15 feet in length and minimum of 10 feet in width. Each terminal island shall be landscaped with a minimum of one shade tree, and grass or a vegetative ground cover. In addition, a landscaped divider strip shall be provided to connect the terminal islands. The divider strip shall be a minimum of seven feet in width and be planted with a minimum of one shade tree every 30 feet on center and grass or a vegetative ground cover. These areas shall not be used to meet the standard parking requirements.
b.
Use. Boats, campers, trailers and other recreational vehicles shall be prohibited from said parking areas.
26.
Setback from industrial zoning districts. All buildings including one or more dwelling units shall have a minimum setback of 100 feet from the boundary of any LI/MU, IOC, PO/B, NEB District boundary. If a public street is the zoning boundary, such setback shall be measured from the center line of the street.
27.
Front yard landscaping wall. All townhouse dwelling units shall have a clearly defined front yard using landscaping wall, hedging, fencing or a brick or stone wall, none of which shall exceed three feet in height. Front yards may be unified into one common yard treated as a single yard for the entire building.
§ 190-972 Solar energy system, principal/community-scale.
A.
The layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL) or other similar certifying organizations, and shall comply with Township's Building Code, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.
B.
Solar energy system installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:
1.
Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
2.
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
C.
All on-site utility transmission lines and plumbing shall be placed underground to the greatest extent feasible.
D.
The owner of a solar energy system shall provide the Township written confirmation that the public utility company to which the solar energy system will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection. The owner shall provide a copy of the final inspection report or other final approval from the utility company to the Township prior to the issuance of a certificate of use and occupancy for the solar energy system.
E.
If a solar energy system is being used as an accessory use for commercial/industrial activity on another property, then the Township shall be informed of the intent of the solar energy system.
F.
Signage shall comply with the prevailing sign regulations.
G.
All solar energy systems shall be situated to eliminate concentrated glare onto nearby structures or roadways.
H.
All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
I.
Minimum lot size. The solar energy systems shall meet the lot size requirements of the applicable zoning district.
J.
Setbacks.
1.
The solar energy system shall comply with the setbacks of the applicable zoning districts.
2.
For any portion of lot lines which adjoin a residential district, a setback of 100 linear feet shall be required.
3.
Solar energy systems shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
K.
Height. Ground mounted solar energy systems shall comply with the building height restrictions of the applicable zoning district.
L.
Impervious coverage. The following components of a solar energy system shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the underlying zoning district:
1.
Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
2.
All mechanical equipment of the solar energy system including any structure for batteries or storage cells.
3.
Gravel of paved access roads servicing the solar energy system.
4.
Crushed aggregate if under installed solar panels.
M.
Stormwater.
1.
The applicant shall submit a stormwater management plan that demonstrates stormwater from the solar energy system will infiltrate into the ground beneath the solar energy system at a rate equal to that of the infiltration rate prior to the placement of the system.
2.
Solar energy system owners are encouraged to use low maintenance, shade-tolerant vegetative surfaces under the system as a best management practice for stormwater management.
N.
Screening. Ground mounted solar energy systems shall be visually screened with vegetation when adjacent to residential properties. In lieu of a planting screen, a fence that provides visual screening and meets requirements of the controlling ordinance may be used.
O.
Security.
1.
All ground mounted solar energy systems shall be completely enclosed by fencing that consists of a minimum eight-foot high fence with a locking gate, or as designated by the Township.
2.
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.
P.
Access drives. Access drives are required to allow for maintenance and emergency management vehicles and shall have a cartway with a minimum width of 12 feet.
Q.
Inspection, safety and removal.
1.
The Township reserves the right to inspect a solar energy system for building or fire code compliance and safety.
2.
If upon inspection the Township determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Township may order the property owner to repair or remove the system within a determined time period. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the property owner of his or her right to appeal such determination.
3.
If a property owner fails to repair or remove a solar energy system as ordered, and any appeal rights have been exhausted, the Township may enter the lot, remove the system and charge the property owner for all costs and expenses of removal, including attorney's fees or pursue other legal action to have the system removed at the property owner's expense.
4.
In addition to any other available remedies, any unpaid costs resulting from the Township's removal of a vacated abandoned or de-commissioned solar energy system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Township shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Township in connection with the removal work and the filing of the Township's claim.
5.
If a ground mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system must be graded and re-seeded. In addition, any underground utilities shall be removed.
R.
Decommissioning.
1.
The solar energy system owner is required to notify the Township immediately upon cessation or abandonment of the operation. The solar energy system shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
2.
The solar energy system owner shall then have 12 months in which to dismantle and remove the solar energy system including all solar related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations, and other associated facilities from the property. If the owner fails to dismantle and/or remove the solar energy system within the established timeframes, the Township may complete the decommissioning at the owner's expense.
3.
At the time of issuance of the permit for the construction of the solar energy system, the owner shall provide evidence that financial security will be in place at the start of commercial operation in the form and amount of a bond, irrevocable letter of credit, or other financial security acceptable to the Township to secure the expense of dismantling and removing said solar energy system and restoration of the land to its original condition, in the amount of 110% of the estimated decommission cost minus the salvageable value. Every five years a new engineer's estimate of probable cost of decommissioning shall be submitted for approval in the same manner as the initial submission, and the bond, letter of credit, or other financial security acceptable to the Township shall be adjusted upward or downward as necessary. The property owner shall maintain said security at all times.
4.
The solar energy system owner shall, at the request of the Township, provide information concerning the amount of energy generated by the solar energy system in the last 12 months.
§ 190-973 Solar energy system, small.
B.
Design and installation standards.
1.
The solar energy system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.
2.
All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania.
3.
The solar energy system must be constructed to comply with the most recent fire code as amended and adopted by the Commonwealth of Pennsylvania.
C.
Height restrictions.
1.
Notwithstanding the height limitations of the zoning district:
a.
For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.
b.
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
2.
Notwithstanding the height limitations of the zoning district:
a.
For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.
3.
Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.
D.
Impervious lot coverage.
1.
The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.
E.
Signage and/or graphic content.
1.
No signage or graphic content may be displayed on the solar energy system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
F.
Inspection, safety and removal.
1.
The Township reserves the right to inspect a solar energy system for building or fire code compliance and safety.
2.
If upon inspection the Township determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Township may order the property owner to repair or remove the system within a determined time period. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the property owner of his or her right to appeal such determination.
3.
If a property owner fails to repair or remove a solar energy system as ordered, and any appeal rights have been exhausted, the Township may enter the lot, remove the system and charge the property owner for all costs and expenses of removal, including attorney's fees or pursue other legal action to have the system removed at the property owner's expense.
4.
In addition to any other available remedies, any unpaid costs resulting from the Township's removal of a vacated abandoned or de-commissioned solar energy system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Township shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Township in connection with the removal work and the filing of the Township's claim.
§ 190-974 Tank farm.
A.
All tank farms must be registered and in compliance with the Storage Tank and Spill Prevention Act, 35 P.S. §§ 6021.101 – 6021.2104.
B.
No underground or subsurface storage of chemicals, either gas, liquid or solids, shall be permitted in any district, except for underground storage of petroleum products as regulated by the State Police and/or other state or federal regulatory agency.
C.
All storage of explosive or hazardous substances or gases shall comply fully with the standards of the National Fire Protection Association.
D.
All bulk outdoor nonresidential storage facilities for fuel, chemicals, or hazardous materials, other than at construction sites, shall be enclosed by a secure fence with a minimum height of six feet.
§ 190-975 Tattoo parlor.
A tattoo parlor's hours of operation and activities must be appropriately scheduled to protect all surrounding residential development from detrimental noise, disturbance or interruption.
§ 190-976 Taxi, bus or passenger train terminal.
A.
The minimum site area shall be five acres.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this ordinance.
C.
All areas used for storage and movement of vehicles or equipment shall be improved with a paved bituminous, concrete, or other surface material approved by the Township.
D.
No repair of vehicles or equipment shall be permitted outside a completely enclosed structure.
E.
Engines shall not be started or kept running before 5:00 a.m. or after 10:00 p.m. if the site is located within 500 feet of an existing dwelling.
F.
All lighting shall be shielded and reflected away from streets and any adjoining residential areas.
G.
A stormwater management plan to control runoff of surface water shall be submitted for review and approval by the Township Engineer.
§ 190-977 Theater.
The landowner and/or developer shall demonstrate that the primary visitor dropoff and pickup area is located in a manner that does not cause undue traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
§ 190-978 Transitional dwelling.
Transitional dwellings shall follow the same provisions for group-care facilities and personal care homes.
§ 190-979 Truck stop.
A.
The minimum site area shall be 10 acres.
B.
The site shall have frontage on and direct vehicular access to an arterial street, as defined by this chapter. Access to a collector or local street, as defined by this chapter, shall not be permitted.
C.
No point on the site boundary shall be located within 1,000 feet of any point on a site boundary of a property containing a residential dwelling.
D.
Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.
E.
Site lighting shall be designed with cutoff luminaries that have a maximum cutoff angle of 60°. The maximum illumination at any property line shall be 0.1 footcandle.
F.
All property lines adjoining, abutting or adjacent to a residential use or zoning classification shall be screened by opaque evergreen vegetation.
G.
All materials and equipment shall be stored within a completely enclosed building.
H.
No repair of vehicles shall be permitted outside a completely enclosed building.
I.
The use shall include a system to contain, separate and properly dispose of any fuel, oils, or similar pollutants that may spill or leak where such substances are stored or where vehicles are fueled, repaired, or maintained. This system shall be in compliance with all applicable codes and regulations, including, but not limited to, International Plumbing Code, NPDES, PA DEP, NFPA, etc.
J.
The use shall not generate noise, such as noise emitting from loud speakers or alarms, above the maximum noise levels established in § 190-510, Noise control, of this ordinance.
K.
Directional signage, in compliance with the requirements of Article VII, Signs, of this ordinance, shall be provided throughout the site and at entrances and exits to ensure safe and convenient vehicular traffic circulation and access to public streets.
L.
All sites having entry or exit of 20 trucks or more per day shall include facilities to remove ice or snow accumulations from trucks either upon entry or prior to exit from the site.
§ 190-980 Truck, rail or freight terminal.
A.
Use permitted by conditional use. Where permitted by conditional use, a truck, rail, or freight terminal shall comply with the provisions of § 190-902. The applicant shall demonstrate to the satisfaction of the Board of Supervisors that the use shall satisfy all requirements of this section prior to conditional use approval, as well as where permitted by right or special exception.
C.
Additional requirements.
1.
All truck, rail, or freight terminals shall satisfy the requirements applicable to all warehouses/logistics uses in § 190-983.
2.
A truck, rail, or freight terminal that exceeds 25,000 square feet of total floor area per lot shall satisfy the requirements for a large warehouse/logistics use in § 190-983.
3.
A truck, rail, or freight terminals shall have its main access point(s) within one-half-mile of an entrance to and an exit from an expressway, defined as a divided arterial highway for through traffic with partial control of access and generally with grade separations at major intersections.
4.
All entrances for trucks, loading/unloading areas, outdoor storage and truck parking areas shall be a minimum of 500 feet from any dwelling and from the boundary of any residential zoning district.
5.
Traffic impact study.
a.
Prior to Township review, the applicant shall provide a Traffic Impact Study (TIS).
b.
In place of an individual TIS, the Board of Supervisors may require that an applicant provide a fee in lieu of a study. This fee shall only be used towards the costs of traffic studies sponsored by the Township. Any such fee shall be established by resolution or ordinance of the Board of Supervisors.
c.
The TIS shall be prepared by a registered professional traffic engineer or transportation planner with verifiable experience in preparing such studies.
d.
The TIS shall be in accord with the Institute of Transportation Engineers' recommended methodology and Pennsylvania Department of Transportation guidelines.
e.
The basic calculation and analytical methods and assumptions used in the TIS shall be clearly stated in the TIS.
f.
Prior to initiation of the TIS, the applicant's traffic engineer or planner shall meet with the Township Engineer to establish:
i.
The area to be studied. The study area for the traffic study shall be based on engineering criteria and an understanding of existing traffic conditions at the site. It shall represent that area likely to be affected by the development, where roadway users are likely to experience a change in the existing level of service. The study area shall be limited to streets and intersections within a maximum of two miles of the proposed project boundaries, except for a use projected to generate more than 3,000 trips per day, which shall have a maximum study area of three miles from the project boundaries.
ii.
The times of day and times of year to conduct traffic counts. To the greatest extent possible, traffic counts should be performed at times of day and times of year during which the highest traffic volume is anticipated.
g.
Study contents. The TIS shall contain the following elements:
i.
The study area boundary and identification of the roadways included within the study area.
ii.
Existing land uses, approved and recorded subdivision and land developments, and subdivisions and land developments proposed but not yet approved and recorded in the study area that are agreed upon by the developer, his traffic engineer, and the Township Engineer as having bearing on the development's likely impact.
iii.
A description of the proposed development and its proposed access and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and considered in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed and shall be considered.
iv.
Daily and peak hour(s) traffic volumes. Schematic diagrams depicting daily and peak hour(s) traffic volumes shall be presented for roadways within the study area. Turning movement and main-line volumes shall be presented for the three peak-hour conditions (a.m., p.m. and site generated). However, only main-line volumes are required to reflect daily traffic volumes. The source and/or method of computation for all traffic volumes shall be included.
v.
The locations of all accidents reportable to the State Police within the study area during a recent two-year period shall be noted.
vi.
Expected traffic generation. The study shall include an estimate of the number of tractor trailer trips and an estimate of the number of other vehicle trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity, unless the applicant provides the Township with estimates and supporting documentation based upon actual traffic counts of closely similar developments in Pennsylvania. Schematic diagrams depicting projected future daily and peak-hour(s) traffic volumes shall be presented for the roadways within the study area. Projected turning movement and main-line volumes shall be presented for the three peak-hour conditions (a.m., p.m. and site generated). The source and/or method of computation for all projected traffic volumes shall be included.
vii.
Projected effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval from the Township, or are currently proposed. The study shall project a.m. and p.m. peak hour traffic volumes and levels of service on impacted intersections and streets. If the traffic generation by the development would be more than 50% greater during any hour other than the a.m. or p.m. peak hour on adjacent streets, the study shall analyze both the peak hours for the development and for adjacent streets.
viii.
Levels of service. The TIS shall include the existing and anticipated levels of service (A, B, C, D, E, or F), for key traffic movements, including turning movements, along with a description of typical operating conditions at each level of service, following the standards of the Pennsylvania Department of Transportation.
ix.
The direction of approach for site-generated traffic for the appropriate time periods.
x.
Analysis of any heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area to determine whether a traffic signal is warranted by Pennsylvania Department of Transportation criteria. Existing traffic signals that are significantly impacted shall be studied to determine whether they are in need of upgrading.
xi.
Recommended improvements. If the analysis indicates that unsatisfactory levels of service (levels of service D, E or F) as described in Highway Capacity Manual (Transportation Research Board Special Report 209, 1985 or latest edition) will occur on study-area roadways, a description of the location, nature and extent of proposed improvements to remedy deficiencies shall be included. The applicant may also agree to commit towards the long-term support of a program to reduce peak-hour traffic by private vehicles, through programs such as van-pooling, support of mass transit or staggered work hours, in place of certain structural improvements.
xii.
The study may take into account traffic improvements which are clearly funded and will occur within the next two years. The study shall include suggestions for how each congested or hazardous intersection in the study area should be improved to reduce the hazard or congestion, and a rough estimate of the cost of that improvement.
h.
Completion of improvements. Any traffic improvements that are required as a condition of any approval under this section or the Subdivision and Land Development Ordinance shall be incorporated into the subdivision plan and/or land development plan and be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed building permit agreed to at the time of approval.
6.
Signage and traffic patterns.
a.
Any entry gates into the loading dock/truck court area shall be positioned after a minimum of 140 feet of total available stacking depth inside the property line. The stacking distance shall be increased by 70 feet for every 20 loading docks beyond 50 docks. Queuing and circling of vehicles on public streets immediately pre- or post-entry to a truck, rail, or freight terminal is strictly prohibited unless queuing occurs in a deceleration lane or right turn lane exclusively serving the facility.
b.
Applicants shall submit to the Township, and obtain approval of, all turning templates to verify truck turning movements at entrance and exit driveways and street intersections adjacent to truck, rail, or freight terminals prior to approval.
c.
Anti-idling signs indicating a three-minute diesel truck engine idling restriction shall be posted at truck, rail, or freight terminals along entrances to the site and in the dock areas and shall be strictly enforced by the facility operator.
d.
Prior to approval, the applicant shall establish and submit for approval to the Board of Supervisors a truck routing plan to and from the state highway system. The plan shall describe proposed truck routing to and from the facility to designated truck routes that avoids passing sensitive receptors to the greatest extent possible. The plan shall include measures, such as signage and pavement markings, queuing analysis and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility operator shall be responsible for enforcement of the plan. The Board of Supervisors shall have discretion to determine if changes to the plan are necessary including any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.
e.
Signs shall be installed at all truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan and state highway system.
f.
Signs and drive aisle pavement markings shall clearly identify the on-site circulation pattern to minimize unnecessary on-site vehicular travel.
g.
Facility operators shall post signs in prominent locations inside and outside of the building indicating that off-site parking for any employee, truck, or other operation related vehicle is strictly prohibited. The Township may require the facility operator to post signs on surface or residential streets indicating that off-site truck parking is prohibited by Township ordinance and/or the truck routing plan.
h.
Signs shall be installed in public view with contact information for a local designated representative who works for the facility operator and who is designated to receive complaints about excessive dust, fumes, or odors, and truck and parking complaints for the site. Any complaints made to the facility operator's designee shall be answered within 72 hours of receipt.
i.
All signs under this section shall be legible, durable, and weather-proof.
7.
Parking and amenities for truck drivers.
a.
A truck, rail, or freight terminal shall provide one tractor-trailer parking space measuring 12 feet by 80 feet for every two tractor-trailer loading docks. These spaces shall be in addition to those spaces provided for the loading and unloading of tractor-trailers.
b.
A minimum of 5% of the required total tractor-trailer parking spaces shall be reserved for outbound trucks which are required to layover or rest due to federal hours of service regulations. Such spaces must be made available to tractor-trailers during and/or after the facility's operating hours as necessary.
c.
All trucks awaiting access to a loading/unloading dock/doorway shall park in the designated tractor trailer parking spaces unless all such spaces are already occupied.
d.
Parked trucks shall not leave engines idling unless required for safety or weather-related reasons. Electrical outlets shall be included in parking areas for trucks to utilize.
e.
Each and every building containing a truck, rail, or freight terminal shall have amenities for the truck drivers/operators of the vehicles using the facility in addition to any similar amenities provided to on-site employees.
f.
Each amenity shall include, at a minimum, a suitable lounge for drivers/operators containing not less than five seats, a four-seat table, restroom facilities, including at least three sinks, stalls, etc., per restroom, and dispensing machines or other facilities to provide food and beverages.
g.
At least one amenity shall be provided for every 30 truck loading/unloading docks of the use.
h.
All sites having entry or exit of 20 trucks or more per day shall include facilities to remove ice or snow accumulations from trucks either upon entry or prior to exit from the site.
§ 190-981 Unit, accessory dwelling (relative care).
A.
The use may be restricted to occupancy by a relative of a permanent resident of the principal dwelling unit on the property.
B.
All accessory dwelling units shall be designed and installed in compliance with all local building codes.
C.
The occupants of the principal dwelling unit shall report any change in the adult occupants of the unit to the Township. See also the Township ordinance that requires the annual reporting of the names of tenants for tax purposes.
D.
Such apartment shall not decrease the single-family residential exterior appearance of a dwelling, if attached to the principal dwelling unit.
E.
Such apartment shall not have its own exterior separate entrances, if attached to the principal dwelling unit.
F.
Addition of an accessory dwelling unit onto an existing single-family detached shall comply with the following requirements:
1.
One of the dwelling units shall be owner-occupied or occupied by a relative of the owner for a minimum period of 36 months following the conversion.
2.
The dwelling as it preexists shall have a total minimum enclosed habitable heated floor area of 1,500 square feet. After conversion, each dwelling unit shall include a minimum of 600 square feet of such floor area.
G.
The applicant shall enter into a Declaration of Covenant in favor of the Township in a manner acceptable to the Township Solicitor to ensure enforcement of this section.
H.
In addition to off-street parking requirements for the principal use, each accessory dwelling unit will require 1 off-street parking space.
§ 190-982 Walk-up window.
Any walk-up windows shall be located to avoid pedestrian traffic conflicts and hazards within the site and along abutting streets.
§ 190-983 Warehouse/logistics use.
A.
Warehouse/logistics use as truck, rail, or freight terminal. Any warehouse/logistics use that incorporates 10 or more tractor trailer loading/unloading docks, whether on a single building or between multiple buildings, or would generate more than 50 tractor-trailer trips or 100 nontractor trailer truck trips in any twenty-four-hour period based on the latest edition of the Institute of Transportation Engineers' Trip Generation Handbook shall satisfy the requirements for a truck, rail, or freight terminal in § 190-980 in addition to the requirements of this section. A "trip" shall be defined as one arrival at or one departure from the property on which the use is located.
B.
Use permitted by conditional use. Where permitted by conditional use, a warehouse/logistics use shall comply with the provisions of § 190-902. The applicant shall demonstrate to the satisfaction of the Board of Supervisors prior to conditional use approval that the use shall satisfy all requirements of this section, as well as where permitted by right or special exception. Under no circumstances may an applicant commence construction of warehouse/logistics use before demonstrating to satisfaction of the Board of Supervisors that the requirements of this section will be met.
C.
Dimensional requirements.
1.
The maximum height for a warehouse/logistics use shall be 35 feet.
2.
The minimum lot area for a small warehouse/logistics use having a total gross floor area less than 25,000 square feet shall be five acres.
3.
The minimum lot area for a large warehouse/logistics use or truck terminal having a total gross floor area between 25,000 square feet and 100,000 square feet per lot shall be 10 acres.
4.
The minimum lot area for a large warehouse/logistics use or truck terminal having a gross floor area in excess of 100,000 square feet shall be 20 acres.
D.
Requirements for all warehouse. The following shall apply to all warehouse/logistics use, regardless of size:
1.
Woodland disturbance. Woodland disturbance, including alteration or removal of any hedgerows shall be minimized. No portions of tree masses, tree line, hedgerow, or individual freestanding trees measuring six-inches diameter at breast height (DBH) shall be removed unless clearly necessary to effectuate the proposed development. In no case, shall more than 50% of any existing tree masses, tree lines, hedgerows, or individual freestanding trees with six inch or greater DBH be removed. For purposes of this subsection, a woodland is defined as a tree mass or plant community in which tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove, or stand of mature or largely mature trees (i.e., larger than six inches DBH) covering an area of 0.25 of an acre or more, or consisting of more than 50 individual trees larger than six inches DBH, shall be considered a woodland.
2.
Threatened and endangered species.
a.
A Pennsylvania Natural Heritage Program study (PNDI Receipt) dated within two years of the submission of an application for conditional use or subdivision and land development, whichever is first, as well as any state agency clearance letters required thereby, shall be provided to the Township.
b.
The applicant shall comply with all measures directed by the clearance letters to avoid, minimize or mitigate impacts to endangered, threatened and special concern species and their habitat.
3.
Riparian forest buffer area.
a.
For purposes of this section, a riparian buffer is an area of permanent vegetation along a waterway that is left undisturbed to allow for natural succession of native vegetation. A riparian forest buffer is a riparian buffer that consists predominantly of native trees, shrubs and forbs that provide at least 60% uniform canopy cover.
b.
Persons proposing a warehouse/logistics use or truck, rail, or freight terminal subject to the requirements of this section use must satisfy the stricter of the requirements of this Subsection (D) or of 25 Pa. Code § 102.14, Riparian Buffer Requirements.
c.
Where the project site contains, is along, or is with within 150 feet of a perennial or intermittent river, stream, or creek, lake, pond or reservoir, whether natural or artificial, the person proposing a warehouse/logistics use or truck, rail, or freight terminal subject to the requirements of this section shall, in accordance with the requirements of this subsection, do one of the following:
d.
Protecting existing riparian forest buffers. Where a riparian forest buffer exists, it shall be left intact to meet the width requirements in Subsection D(3)(g) and (h). An existing riparian forest buffer need not be altered to establish individual Zones 1 and 2 under Subsection D(3)(j).
e.
Converting an existing forest riparian buffer. Riparian buffers that consist predominantly of native woody vegetation that do not satisfy the composition requirements for a riparian forest buffer in Subsection D(3)(a) or the width requirements in Subsection D(3)(g) and (h) shall be enhanced or widened, or both, by additional plantings in open spaces around existing native trees and shrubs to provide at least 60% uniform canopy cover for the required width and shall be composed of zones in accordance with Subsection D(3)(j).
f.
Establishing new riparian forest buffer. On sites without native woody vegetation, a riparian forest buffer providing at least 60% uniform canopy cover shall be established to meet the width requirements in Subsection D(3)(g) and (h) and be composed of zones in accordance with Subsection D(3)(j).
g.
The width of the riparian forest buffer shall be a minimum of 100 feet on each side of the water body as measured from the top of the bank. The riparian buffer area must be measured horizontally and perpendicularly to the bank with no more than a 10% variation below the minimum width from the normal pool elevation for lake, pond or reservoir and from top of streambank. The boundary of the buffer shall follow the natural streambank or shoreline.
h.
The following additional distances shall be added to the minimum width in Subsection D(3)(g) based on the following formula:
i.
In the case of the presence of a nontidal wetland or vernal pond wholly or partially within the riparian buffer area, an additional 25 feet shall be added to the width of the riparian forest buffer area for that portion of the buffer area along the wetland or pond.
j.
A new riparian forest buffer or a converted riparian forest buffer shall be composed of zones as follows:
i.
Zone 1 shall begin at the top of the streambank or normal pool elevation of a lake, pond or reservoir and occupy a strip of land 50 feet in width, measured horizontally on a line perpendicular from the top of streambank or normal pool elevation of a lake, pond or reservoir. Predominant vegetation must be composed of a variety of native riparian tree species identified in Appendix C.1 of PA Department of Environmental Protection Guidance Document 394-5600-001, entitled Riparian Forest Buffer Guidance.
ii.
Zone 2 shall begin at the landward edge of Zone 2 and occupy an additional strip of land a minimum of 50 feet in width, measured horizontally on a line perpendicular from the top of streambank or normal pool elevation of a lake, pond or reservoir. Predominant vegetation must be composed of a variety of native riparian tree and small tree/shrub species identified in Appendix C.1 of PA Department of Environmental Protection Guidance Document, 394-5600-001, entitled Riparian Forest Buffer Guidance.
k.
No earth disturbance, land development or storing of stockpiling of materials shall occur within the riparian forest buffer area.
l.
Management of riparian buffers.
i.
Stormwater and accelerated erosion and sedimentation shall be managed in accordance with 25 Pa. Code §§ 102.4(b)-(e) and 102.8 (relating to erosion and sediment control requirements; and PCSM requirements) to ensure that stormwater enters the area upgrade and along the riparian buffer as sheet flow or shallow concentrated flow during storm events up to and including the two-year/twenty-four-hour storm.
ii.
Noxious weeds and invasive species shall be removed or controlled to the extent possible. Refer to 7 Pa. Code § 110.1 for a current list of noxious weeds.
m.
Existing, converted and newly established riparian buffers, including access easements, must be protected in perpetuity through deed restriction, conservation easement, permit conditions or any other mechanisms that ensure the long-term functioning and integrity of the riparian buffer.
n.
The riparian buffer shall be designated on the final subdivision and/or land development plan.
4.
Access and parking.
a.
The use shall have direct access to an arterial road, defined as a street with an existing or proposed right of way width of 50 feet or more and a minimum average annual daily traffic rate of 5,000 vehicles per day.
b.
Where gates, guard shacks or checkpoints are proposed at the entrance(s) to the facility, adequate queuing space shall be provided within the property boundaries to prevent stacking of vehicles on or along public streets. No vehicle shall park or load within a public street.
c.
In addition to off-street loading facilities, each use shall provide off-street parking for passenger vehicles in accordance with Table 3 - Off-Street Parking Requirements.
d.
Bicycle racks shall be provided at a rate of one bicycle space for each 30,000 square feet of gross floor area. The racks shall be located as close as possible to employee entrance(s). Nothing in this section shall preclude the facility operator from satisfying this requirement by utilizing bicycle parking amenities considered to be superior such as locating bicycle parking facilities indoors or providing bicycle lockers.
e.
In addition to off-street parking requirements, at least 10% of all passenger vehicle parking spaces shall be electric vehicle (EV) ready, with all necessary conduit and related appurtenances installed to be converted into EV parking spaces. These EV parking spaces shall be in addition to off-street parking requirements and will not count toward required parking provisions in Article VI. At least 5% of all EV ready parking spaces shall be equipped with working Level 2 Quick charge EV charging stations installed and operational, prior to building occupancy. Signage shall be installed indicating EV charging stations and specifying that spaces are reserved for clean air/EV vehicles. Unless superior technology is developed that would replace the EV charging units, facility operator and any successors in interest shall be responsible for maintaining the EV charging stations in working order for the life of the facility.
5.
Off street loading.
a.
Each warehouse/logistics use shall provide off-street loading facilities which meet the minimum requirements of this section and are sufficient to accommodate the maximum demand generated by the use. No vehicle shall park or load within a median, travel lane, bike lane, turn lane, or shoulder of a public street for any length of time.
b.
A minimum of one off-street loading space per loading dock must be provided. Spaces for tractor trailers must measure at least 12 feet by 80 feet.
c.
Each loading space and the needed maneuvering room shall be located entirely on the lot being served and be located outside of required buffer areas and street rights-of-way.
d.
Each loading space shall have sufficient maneuvering room to avoid conflicts with parking and traffic movements within and outside of the lot. No facility shall be designed or used in such a manner that it creates a safety hazard, public nuisance or an impediment to traffic off the lot.
e.
Fire lanes. Fire lanes shall be provided where required by state or federal regulations or other local ordinances. The specific locations of these lanes are subject to review by the Township Fire Commissioner (or other duly designated emergency services official serving the Township).
6.
Lighting.
a.
For the lighting of predominantly horizontal surfaces such as, but not limited to parking areas, roadways, vehicular and pedestrian passage areas, loading docks, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down, have no uplight, and shall meet Illuminating Engineering Society of North America (IESNA) full-cutoff/fully shielded criteria.
b.
For the lighting of predominantly nonhorizontal tasks or surfaces such as, but not limited to, facades, landscaping, and signs, luminaires shall be shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.
c.
The illumination projected onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight and from any point on the receiving residential property.
d.
The illumination projected onto a nonresidential use shall at no time exceed 0.1 footcandle, measured line-of-sight from any point on the receiving property.
e.
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.
f.
LED light sources shall have a correlated color temperature that does not exceed 3,000 K.
g.
Luminaires shall not be mounted in excess of 20 feet above finished grade of the surface being illuminated.
h.
Lighting for parking areas and vehicular traffic ways shall be automatically extinguished nightly within 1/2 hour of the close of the facility. On/off control shall be by astronomic programmable controller with battery or capacitor power-outage reset. When after-hours site safety/security lighting is proposed, such lighting shall not be in excess of 25% of the number of fixtures required or permitted for illumination during regular business hours. Where there is reduced but continued on-site activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 11:00 p.m. or after normal business hours, or the use of motion sensor control, shall be permitted.
7.
Sensitive receptors.
a.
For purposes of this section, sensitive receptors shall be defined as schools, preschools, day-care centers, in-home day-cares, health facilities such as hospitals, long-term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), campgrounds, prisons, dormitories, retirement/senior communities and any residence where such residence is not located on a parcel with an existing industrial, commercial, or unpermitted use as determined by the Township.
b.
Unless physically impossible, loading docks truck entries, and truck drive aisles shall be oriented away from abutting sensitive receptors.
c.
To the greatest extent feasible, loading docks, truck entries, and truck drive aisles shall be located away from nearby sensitive receptors. In making feasibility decisions, the Township must consider existing laws and regulations and balance public safety and the site development's potential impacts to nearby sensitive receptors. Loading docks, truck entries, and drive aisles may be located near sensitive receptors at the discretion of the Board of Supervisors, but any such site design shall include measures designed to minimize overall impacts to nearby sensitive receptors.
d.
For any warehouse/logistics use larger than 100,000 square feet in size, the building's loading docks shall be located a minimum of 1,000 feet away, measured from the property line of the sensitive receptor to the nearest dock door using a direct straight-line method.
8.
Sound.
a.
For purposes of this section, the Community Noise Equivalent Level (CNEL) is defined as the twenty-four-hour A-weighted average sound level from midnight to midnight, obtained after the addition of 5 dB to sound levels occurring in the evening from 7:00 p.m. to 10:00 p.m. and after the addition of 10 dB to sound levels occurring in the night between 10:00 p.m. and 7:00 a.m.
b.
The Community Noise Equivalent Level (CNEL) at the boundary of any property containing a sensitive receptor, as defined in paragraph (7)(a) above, shall not exceed 60 dBA.
c.
The Community Noise Equivalent Level (CNEL) at the boundary of any developed property not containing a sensitive receptor shall not exceed 70 dBA.
d.
Sound that is produced for not more than a cumulative period of one minute in any hour may exceed the standards above by up to 10 dBA.
e.
The maximum sound levels listed above do not apply to emergency alerts, emergency work to provide electricity, water, or other public utilities when public health or safety is involved, snow removal or road repair.
9.
No outdoor storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins or similar items shall be permitted.
10.
Vibration perceptible beyond the lot line shall not be permitted except vibration as a result of construction activities.
11.
The use shall include an appropriate system to contain and properly dispose of any fuel, grease, oils or similar pollutants that may spill or leak where such substances are stored or where vehicles are fueled, repaired or maintained.
E.
Requirements for large warehouse/logistics use. In addition to the requirements applicable to all warehouse/logistics use, large warehouse/logistics use shall be subject to the following:
1.
Buffer yard.
a.
Any large warehouse/logistics use where vehicle parking, outdoor storage and/or loading/unloading areas are visible from beyond the exterior lot lines of the use shall be screened by a buffer yard in accordance with this section.
b.
Where the combined footprint of the principal structure or structures is 25,000 square feet to 99,999 square feet:
i.
A minimum 100-foot buffer yard shall be provided along the entire length of any street frontage of any property upon which the facility is located and along any property line which abuts or is within 500 feet of an existing residential property line or zone, school, day-care center, hospital, place of worship, designated park or public open space.
ii.
A minimum fifty-foot buffer yard shall be provided along any property line adjacent to a nonresidential use or zone.
c.
Where the combined footprint of the principal structure or structures is between 100,000 square feet and 250,000 square feet:
i.
A minimum 150-foot buffer yard shall be provided along the entire length of any street frontage of any property upon which the facility is located and along any property line which abuts or is within 500 feet of an existing residential property line or zone, school, day-care center, hospital, place of worship, designated park or public open space.
ii.
A minimum fifty-foot buffer yard shall be provided along all other property lines.
d.
Where the combined footprint of the principal structure or structures exceeds 250,000 square feet:
i.
A minimum 300-foot buffer yard shall be provided along the entire length of any street frontage of any property upon which the facility is located and along any property line which abuts or is within 500 feet of an existing residential property line or zone, school, day-care center, hospital, place of worship, designated park or public open space.
ii.
A minimum fifty-foot buffer yard shall be provided along all other property lines.
e.
Buffer yards along roadways shall be measured from the street right-of-way line.
f.
Where a lot line drainage or utility easement is required, the buffer yard shall be measured from the inside edge of the easement.
g.
Buffer yards shall exclude environmental encumbrances such as, but not limited to, wetlands, wetland transition areas, riparian buffers, and flood hazard areas as may be imposed by outside agencies such as the Pennsylvania Department of Environmental Protection.
h.
The buffer yard shall include a dense landscape buffer consisting of the following:
i.
One large evergreen tree per 25 linear feet of buffer. The size of large evergreen trees shall be a minimum of eight feet in height at the time of planting. Narrow/upright evergreen species may also be used within buffers at a ratio of 3:1 (narrow species: large evergreen). No more than 25% of total required large evergreen species can be substituted with narrow/upright species.
ii.
One canopy (shade) tree per 75 linear feet of buffer. Size of canopy (shade) trees shall be a minimum of 2 1/2 inch caliper at the time of planting.
iii.
One ornamental/flowering tree per 50 linear feet of buffer. The size of ornamental/flowering trees shall be a minimum of eight feet in height for multi-stemmed varieties, or 2 1/2 inch caliper at the time of planting for single-stemmed varieties.
iv.
Five shrubs per 25 linear feet of buffer. Size of shrubs shall be fully branched and minimum of three feet in height at the time of planting. Shrubs shall be a combination of evergreen and deciduous species, with a minimum of 50% being evergreen.
i.
The landscape buffer shall be located along the outer edge of the buffer yard.
j.
Plant material within buffer plantings shall meet the following requirements:
i.
Be resistant to diesel exhaust;
ii.
Not be identified on the most current DCNR invasive species or watch lists.
iii.
Be hardy within USDA hardiness Zone 6b.
iv.
Shall be planted on the top and the exterior of any berm in order to provide effective screening.
v.
Shall be arranged in groupings to allow for ease of maintenance and to provide a naturalized appearance.
vi.
Shall provide a diversity in plant species, such that no one species accounts for more than 25% of each plant type.
vii.
The plantings shall be arranged to provide a complete visual screen of the property at least 12 feet in height, measured in addition to the height of any required berm, within three years.
viii.
Proposed plantings shall be reviewed and approved by the Shade Tree Commission.
2.
Berm.
a.
Any vehicle or tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from and are within 250 feet of the exterior lot lines of the use shall be separated from such lot lines by an earthen berm in accordance with this section.
b.
The berm shall average a minimum of 15 feet in height above the adjacent average ground level (disregarding any drainage channel) on the outside of the berm.
c.
The berm shall not have one completely continuous height, but instead shall vary in height by one feet or two feet in places.
d.
The berm shall have a maximum side slope of three horizontal to one vertical.
e.
The berm shall be covered by a well-maintained all season natural ground cover, such as grass.
f.
Required screening plantings shall be arranged on the outside and top of the berm.
g.
The berm, along with any landscape buffer plantings, shall fully screen the warehouse/logistics use, as viewed from any point along the edge of the lot line.
3.
Environmental and community impact analysis. Prior to Township review, the applicant shall provide an environmental and community impact analysis. The environmental and community impact analysis shall include:
a.
A narrative description of the nature of the on-site activities and operations, including the market area served by the facility, the hours of operation of the facility, the total number of employees on each shift, the times, frequencies, and types of vehicle trips generated, the types of materials stored and the duration period of storage of materials.
b.
A site plan of the property indicating the location of proposed improvements, floodplains, wetlands, waters of the Commonwealth, and cultural and historic resources on the property and within 500 feet of the boundaries of the property.
c.
Evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
e.
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances.
4.
Solar energy system.
a.
All buildings shall be solar-ready, which includes designing and constructing buildings in a manner that facilitates and optimizes the installation of rooftop and or nonrooftop solar photovoltaic (PV) system at some point after the building has been constructed.
b.
On buildings over 200,000 square feet, prior to issuance of a certificate of occupancy, the Township shall ensure solar panels are installed and operated in such a manner that they will supply a minimum of 10% of the power needed to operate all nonrefrigerated portions of the facility, including the parking areas.
§ 190-984 Wholesale establishment.
B.
All exterior storage areas (exclusive of nursery and garden stock) shall be screened from adjoining residentially zoned properties;
C.
The applicant shall furnish evidence in the form of a site plan and report to the Township that the proposed use will comply with all provisions of this ordinance, specifically buffer yard and landscaping screening, noise, light, litter, dust, and pollution, and shall not be detrimental to the use of adjoining residentially zoned properties.
D.
This use shall not apply to the sale of combustible fuels.
§ 190-985 Wind energy system, principal/community-scale.
A.
No said systems or equipment shall be erected in a front yard or within the area between a front lot line and the front building facade of the principal building on the lot.
B.
The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and shall not be more than 45 feet in height.
C.
The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.
D.
All electric lines/utility wires shall be buried underground.
E.
Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed by a six-foot fence with screening planting in accordance with this chapter. The supporting structure shall also be enclosed by a six-foot fence, unless the base of the tower is not climbable for a height of 12 feet.
F.
When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet.
G.
One windmill or windwheel shall be permitted per lot. The minimum lot size shall be one acre.
H.
The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 days.
I.
The applicant shall demonstrate that any noise from the wind generating unit shall not exceed the permitted maximum decibel levels found in § 190-510, Noise control.
J.
Inspection, safety and removal.
1.
The Township reserves the right to inspect a wind energy system for building or fire code compliance and safety.
2.
If upon inspection the Township determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Township may order the property owner to repair or remove the system within a determined time period. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the property owner of his or her right to appeal such determination.
3.
If a property owner fails to repair or remove a wind energy system as ordered, and any appeal rights have been exhausted, the Township may enter the lot, remove the system and charge the property owner for all costs and expenses of removal, including attorney's fees or pursue other legal action to have the system removed at the property owner's expense.
4.
In addition to any other available remedies, any unpaid costs resulting from the Township's removal of a vacated abandoned or de-commissioned wind energy system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Township shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Township in connection with the removal work and the filing of the Township's claim.
5.
If a ground mounted wind energy system is removed, any earth disturbance as a result of the removal of the ground mounted wind energy system must be graded and re-seeded. In addition, any underground utilities shall be removed.
K.
Decommissioning.
1.
The wind energy system owner is required to notify the Township immediately upon cessation or abandonment of the operation. The wind energy system shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
2.
The wind energy system owner shall then have 12 months in which to dismantle and remove the solar energy system including all wind related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations, and other associated facilities from the property. If the owner fails to dismantle and/or remove the wind energy system within the established timeframes, the Township may complete the decommissioning at the owner's expense.
3.
At the time of issuance of the permit for the construction of the wind energy system, the owner shall provide evidence that financial security will be in place at the start of commercial operation in the form and amount of a bond, irrevocable letter of credit, or other financial security acceptable to the Township to secure the expense of dismantling and removing said wind energy system and restoration of the land to its original condition, in the amount of 110% of the estimated decommission cost minus the salvageable value. Every five years a new engineer's estimate of probable cost of decommissioning shall be submitted for approval in the same manner as the initial submission, and the bond, letter of credit, or other financial security acceptable to the Township shall be adjusted upward or downward as necessary. The property owner shall maintain said security at all times.
4.
The wind energy system owner shall, at the request of the Township, provide information concerning the amount of energy generated by the wind energy system in the last 12 months.
§ 190-986 Wireless communications facility.
A.
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Palmer Township. While the Township recognizes the importance of wireless communications facilities (WCFs) 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.
B.
By enacting this section, the Township intends to:
1.
Promote the health, safety and welfare of Township residents and businesses with respect to wireless communications facilities;
2.
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;
3.
Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based (supplemental) wireless communications facilities in the Township, including wireless communications facilities both inside and outside the public rights-of-way;
4.
Address new wireless technologies, including but not limited to, distributed antenna systems, small-cell antennas, data collection units, cable Wi-Fi, and other wireless communications facilities;
5.
Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;
6.
Protect Township residents from potential adverse impacts of wireless communications facilities, and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape; and
7.
Update the Township's wireless facilities regulations to incorporate changes in federal and state laws and regulations.
C.
The following regulations shall apply to all tower-based wireless communications facilities:
1.
Any tower-based wireless communication facility 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. Any tower-based wireless communication facility 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.
2.
Any tower-based wireless communication facility shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222-E Code, as amended).
3.
Any tower-based wireless communication facility shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township noting the total height of the structure.
4.
No tower-based wireless communications facility shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
5.
The following maintenance requirements shall apply to all tower-based wireless communications facilities:
a.
Any tower-based wireless communication facility shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
b.
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
c.
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
6.
No tower-based wireless communications facility may, by itself or in conjunction with other wireless communications facilities, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields," as amended.
7.
No tower-based wireless communications facility may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure.
8.
All tower-based wireless communications facilities shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.
9.
Tower-based wireless communications facilities shall not be artificially lighted, except as required by law and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
10.
Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.
11.
Tower-based wireless communications facilities 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.
12.
Tower-based wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.
13.
The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based wireless communication facility and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the wireless communications facility shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
14.
Within 30 calendar days of the date that an application for a tower-based wireless communication facility is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for tower-based wireless communications facilities shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based wireless communication facility, and the Township shall advise the applicant in writing of its decision. If additional information is requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.
15.
Nonconforming tower-based wireless communications facilities 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.
16.
In the event that use of a tower-based wireless communications facility is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless communications facilities or portions of such shall be removed as follows:
a.
All unused or abandoned tower-based wireless communications facilities and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.
b.
If the wireless communication facility 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 wireless communication facility and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the wireless communications facility.
c.
Any unused portions of tower-based wireless communications facilities, 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 wireless communication facility previously removed.
17.
The Township may assess appropriate permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based wireless communication facility, as well as related inspection, monitoring and related costs.
D.
The following regulations shall apply to tower-based wireless communications facilities located outside a Township right-of-way:
1.
No tower-based wireless communication facility shall be located in residential zones or within 500 feet of residential use or a residential zone boundary.
2.
An applicant for a tower-based wireless communications facility 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 wireless communication facility 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 wireless communications facilities.
3.
A tower-based wireless communication facility is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zone.
4.
A tower-based wireless communication facility may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional, or municipal use, subject to the following conditions:
a.
The existing use on the property may be any permitted, conditional, special exception or non-conforming use in the applicable zone other than a residential use and need not be affiliated with the utility facility.
b.
The minimum lot shall comply with the requirements for the applicable zone and shall be the area needed to accommodate the tower-based wireless communication facility and guy wires, the equipment building, security fence, and buffer planting.
c.
The tower-based wireless communication facility and accompanying equipment building shall comply with the requirements for the applicable zone, provided that no tower-based wireless communication facility shall be located within 500 feet of a residential use lot line or a residential zone boundary.
5.
Upon receipt of an application for a tower-based wireless communication facility, the Township shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.
6.
An application for a new tower-based wireless communication facility shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based wireless communication facility cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based wireless communication facility shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
7.
The following design guidelines shall apply to tower-based wireless communications facilities located outside the Township right-of-way:
a.
The wireless communication facility 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 applicant shall be subject to the approval of the Township.
b.
Any height extensions to an existing tower-based wireless communication facility shall require prior approval of the Township. The Township reserves the right to deny such requests based upon any lawful considerations related to the character of the Township.
c.
Any proposed tower-based wireless communication facility shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for future users.
d.
A security fence having a minimum height of six feet shall completely surround any tower-based wireless communication facility, guy wires, or any building housing wireless equipment.
e.
An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.
f.
The applicant shall submit a landscape plan for review and approval by the Township for all proposed screening.
8.
The applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI EIA/TIA-222-G, as amended, to document and verify the design specifications of the foundation of the tower-based wireless communication facility, and anchors for guy wires, if used.
9.
The following regulations apply to accessory equipment to tower-based wireless communications facilities located outside the rights-of-way:
a.
Ground-mounted equipment associated with, or connected to, a tower-based wireless communications facility shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.
b.
All 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 zone.
10.
As a condition of approval for all tower-based wireless communications facilities, the applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennas on tower-based wireless communications facilities where technically and economically feasible and that the applicant shall not unreasonably withhold such permission. The owner of a tower-based wireless communications facility shall not install any additional antennas without obtaining the prior written approval of the Township.
11.
An access road, turn-around space, and parking shall be provided to ensure adequate emergency and service access to a tower-based wireless communication facility. 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 wireless owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
12.
Prior to the issuance of a permit, the owner of a tower-based wireless communication facility outside the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Township Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The financial security shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after notice and opportunity to cure. The owner shall file the financial security with the Township.
13.
The Township reserves the right to deny an application for the construction or placement of any tower-based wireless communication facility based upon visual and/or land use impact, to the extent permitted by law.
14.
The Township reserves the right to inspect any tower-based wireless communication facility to ensure compliance with the provisions of this section and any other provisions found within the Township Code or Commonwealth or federal law. The Township and/or its agents shall have the authority to enter the property upon which a wireless communication facility is located at any time, upon notice to the operator, to ensure such compliance.
E.
The following regulations shall apply to tower-based wireless communications facilities located in a Township right-of-way:
1.
No tower-based wireless communication facility shall be located in residential zones or within 500 feet of a lot in residential use or a residential zone boundary.
2.
An applicant for a tower-based wireless communications facility 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 wireless communication facility 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 wireless communications facilities.
3.
Concurrent with the application that is submitted to the Township for a tower-based wireless communication facility, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility and provide proof to the Township.
4.
An application for a new tower-based wireless communication facility in the ROW shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based wireless communication facility cannot be accommodated on an existing or approved structure or building, such as a utility pole or traffic light pole. Any application for approval of a tower-based wireless communication facility shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
5.
The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based wireless communications facilities 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.
6.
Tower-based wireless communications facilities and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
a.
In no case shall ground-mounted equipment, walls, or landscaping be located within two feet of the face of the curb, or in the absence of a curb, the edge of the pavement;
b.
Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
c.
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
d.
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the tower owner within 10 business days of notice of the existence of the graffiti.
e.
Any underground vaults related to tower-based wireless communications facilities shall be reviewed and approved by the Township.
7.
The following design guidelines shall apply to tower-based wireless communications facilities located in the rights-of-way:
a.
The wireless communication facility 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 applicant shall be subject to the approval of the Township.
b.
Any height extensions to an existing tower-based wireless communication facility shall require prior approval of the Township. The Township reserves the right to deny such requests based upon any lawful considerations related to the character of the Township.
c.
Any proposed tower-based wireless communication facility shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for future users.
8.
The Township reserves the right to deny an application for the construction or placement of any tower-based wireless communication facility based upon visual and/or land use impact, to the extent permitted by law.
9.
As a condition of approval for all tower-based wireless communications facilities in the ROW, the applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennas on tower-based wireless communications facilities where technically and economically feasible and that the applicant shall not unreasonably withhold such permission. The owner of a tower-based wireless communication facility shall not install any additional antennas without obtaining the prior written approval of the Township.
10.
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 tower-based wireless communications facilities in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless communication facility 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:
a.
The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way;
b.
The operations of the Township or other governmental entity in the right-of-way;
c.
Vacation of a street or road or the release of a utility easement; or
d.
An emergency as determined by the Township.
11.
In addition to permit fees as described herein, every tower-based wireless communications facility in the ROW is subject to the Township's right to annually fix a fair compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Township. The owner of each tower-based wireless communications facility shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based wireless communications facilities shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based wireless communications facilities.
12.
Prior to the issuance of a permit, the owner of a tower-based wireless communications facility in the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Township Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The financial security shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after notice and opportunity to cure. The owner shall file the financial security with the Township.
F.
The following regulations shall apply to all supplemental wireless communications facilities, including "non-tower" wireless communications facilities:
1.
Supplemental wireless communications facilities are permitted in all zones subject to the restrictions and conditions prescribed below and subject to prior written approval of the Township.
2.
Concurrent with the application that is submitted to the Township for a tower-based wireless communication facility, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility and provide proof to the Township.
3.
Any supplemental wireless communication facility 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 supplemental wireless communication facility 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.
4.
Any supplemental wireless communications facilities shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI EIA/TIA-222-G, as amended).
5.
No supplemental wireless communications facilities shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
6.
Supplemental wireless communications facilities shall comply with all federal and Commonwealth laws and regulations concerning aviation safety.
7.
No supplemental wireless communications facility may, by itself or in conjunction with other communications facilities, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields," as amended.
8.
In the event that use of a supplemental wireless communication facility is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless communications facilities or portions of wireless communications facilities shall be removed as follows:
a.
All unused or abandoned supplemental wireless communications facilities and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
b.
If the supplemental wireless communication facility and/or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the supplemental wireless communication facility and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the supplemental wireless communications facility.
9.
Within 30 calendar days of the date that an application for a supplemental wireless communication facility is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
10.
The Township may assess appropriate permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a supplemental wireless communication facility or $1,000, whichever is less.
G.
The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:
1.
Supplemental wireless communications facilities are permitted in all zones subject to the restrictions and conditions prescribed below and subject to prior written approval of the Township.
2.
Concurrent with the application that is submitted to the Township for a tower-based wireless communication facility, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility and provide proof to the Township.
3.
Any supplemental wireless communication facility 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 supplemental wireless communication facility 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.
4.
Any supplemental wireless communications facilities shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI EIA/TIA-222-G, as amended).
5.
No supplemental wireless communication facility shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
6.
No supplemental wireless communication facility may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure.
7.
Supplemental wireless communications facilities shall comply with all federal and Commonwealth laws and regulations concerning aviation safety.
8.
The following maintenance requirements shall apply to all supplemental wireless communications facilities:
a.
Any supplemental wireless communication facility shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
b.
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
c.
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
9.
No supplemental wireless communication facility may, by itself or in conjunction with other wireless communications facilities, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields," as amended.
10.
In the event that use of a supplemental wireless communication facility is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned supplemental wireless communications facilities or portions of such shall be removed as follows:
a.
All unused or abandoned supplemental wireless communications facilities and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
b.
If the supplemental wireless communication facility and/or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the supplemental wireless communication facility and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the supplemental wireless communications facility.
11.
Within 30 calendar days of the date that an application for a supplemental wireless communication facility is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
12.
The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the supplemental wireless communication facility and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the supplemental wireless communications facility shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
13.
Prior to the issuance of a permit, the owner of a supplemental wireless communication facility shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in all amount not less than $25,000, for each individual supplemental wireless communication facility, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after notice and opportunity to cure. The owner shall file a copy of the bond with the Township.
14.
The Township may assess appropriate permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a supplemental wireless communication facility, as well as related inspection, monitoring, and related costs.
H.
The following regulations shall apply to non-tower wireless communications facilities located outside a Township right-of-way:
1.
Supplemental wireless communications facilities shall be collocated on existing structures such as existing buildings or tower-based wireless communications facilities subject to the following conditions:
a.
Such wireless communication facility does not exceed a maximum height of 150 feet.
b.
If the applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zone.
c.
A six-foot-high security fence 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.
2.
The following design guidelines shall apply to supplemental wireless communications facilities located outside a Township right-of-way:
a.
Supplemental wireless communications facilities shall employ stealth technology to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the supplemental applicant shall be subject to the approval of the Township.
b.
Supplemental wireless communications facilities, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the supplemental applicant obtains a conditional use approval.
c.
All supplemental applicants must submit documentation to the Township justifying the total height of the supplemental wireless communication facility. Such documentation shall be analyzed in the context of such justification on an individual basis.
d.
Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension that is reasonably necessary for their proper functioning.
e.
The design guidelines above shall not apply to direct-broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.
3.
The removal and replacement of supplemental wireless communications facilities and/or accessory equipment for the purpose of upgrading or repairing the supplemental wireless communication facility is permitted, so long as such repair or upgrade does not increase the overall size of the supplemental wireless communication facility or the number of antennas.
4.
Any material modification to a supplemental wireless communication facility shall require a prior amendment to the original permit or authorization.
5.
The Township reserves the right to deny an application for the construction or placement of any supplemental wireless communication facility based upon visual and/or land use impact, to the extent permitted by law.
6.
The Township reserves the right to inspect any supplemental wireless communication facility to ensure compliance with the provisions of this section and any other provisions found within the Township Code or Commonwealth or federal law. The Township and/or its agents shall have the authority to enter the property upon which a wireless communication facility is located at any time, upon notice to the operator, to ensure such compliance.
I.
The following regulations shall apply to supplemental wireless communications facilities located in a Township right-of-way:
1.
Supplemental wireless communications facilities in the ROW shall be collocated on existing poles, such as existing utility poles or light poles.
2.
The following design guidelines shall apply to supplemental wireless communications facilities located in a Township rights-of-way:
a.
Wireless communications facility installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
b.
Supplemental wireless communications facilities and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
3.
In addition to permit fees as described herein, every supplemental wireless communication facility in the ROW is subject to the Township's right to annually fix a fair compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Township. The owner of each supplemental wireless communications facility shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for supplemental wireless communications facilities shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such supplemental wireless communication facility.
4.
The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all supplemental wireless communications facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
5.
Supplemental wireless communications facilities and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
a.
In no case shall ground-mounted equipment, walls, or landscaping be located within two feet of the face of the curb, or in the absence of a curb, the edge of the pavement;
b.
Ground-mounted equipment shall be located underground. In the event that an applicant can demonstrate, to the satisfaction of the Township, that ground-mounted equipment cannot be underground, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
c.
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
d.
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the tower owner within 10 business days of notice of the existence of the graffiti.
e.
Any underground vaults related to supplemental wireless communications facilities shall be reviewed and approved by the Township.
6.
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 supplemental wireless communications facilities in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any supplemental wireless communication facility 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:
a.
The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way;
b.
The operations of the Township or other governmental entity in the right-of-way;
c.
Vacation of a street or road or the release of a utility easement; or
d.
An emergency as determined by the Township.
7.
The Township reserves the right to deny an application for the construction or placement of any supplemental wireless communication facility based upon visual and/or land use impact, to the extent permitted by law.
J.
Any person violating any provision of this article shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500 for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.
K.
In the event a determination is made that a person has violated any provision of this article, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its judgment, extend the time period to cure, provided that the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this article and/or federal and/or Pennsylvania law and regulations.
L.
The Township, by granting any permit or taking any other action pursuant to this article, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, Commonwealth, and local laws and regulations.
M.
If any section, subsection, sentence, clause, phrase or word of this article is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not render the remainder of this article invalid.