Paradise Township Monroe County
City Zoning Code
City Zoning Code
ARTICLE III
Zoning District Use Regulations
§ 160-7 Application of district regulations.
A.
The regulations set by this chapter shall apply uniformly to each use or type of structure or land, except as provided for in this chapter.
B.
No building or structure shall hereafter be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and controls specified in this chapter for the district in which such building or land is located.
C.
No part of a yard or other open space or off-street parking or loading space required or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
§ 160-8 Types of uses.
A.
Permitted uses. Uses listed as permitted uses in Schedule I in each district shall require no special action by the Supervisors or Zoning Hearing Board before a zoning permit is issued by the Zoning Officer.
[Amended 10-21-2008 by Ord. No. 167]
B.
Conditional uses. Uses listed as conditional uses in Schedule I in each district shall require individual consideration in each case because of their unique characteristics. Such conditional uses shall be referred to the Planning Commission for review and recommendation and shall be permitted only after a public hearing and determination by the Supervisors that such uses meet the standards in this chapter.
[Amended 10-21-2008 by Ord. No. 167]
C.
Continuation of existing uses. Any legally established existing use of a building or structure, lot or parcel of land or part thereof as of the effective date of this chapter may be continued.
§ 160-9 District bulk regulations.
§ 160-10 Conditional and special exception uses.
A.
General standards. All conditional uses:
(1)
Shall not cause substantial injury to the value of other property where it is to be located.
(3)
Shall be compatible with adjoining development.
(4)
Shall provide adequate buffers, landscaping and screening to protect and enhance adjoining areas.
(6)
Shall not jeopardize the public health, safety, welfare, quality of life or convenience of Township residents.
(7)
Shall be designed and constructed such that vehicular and pedestrian traffic does not create undue congestion or hazards prejudicial to the general area.
(8)
May be subject to any other conditions, requirements or safeguards, established by the Supervisors or Zoning Hearing Board, which may be warranted by the character of the area in which such use is proposed or by other special factors which may be necessary to implement the purposes of this chapter.
(9)
May require the applicant to prepare and submit, at his expense, any additional information such as an environmental impact statement, a traffic impact analysis, a community impact analysis, an historical and cultural analysis or any other report or study as the Supervisors may deem necessary for their review and consideration of the application.
(10)
Shall demonstrate that all other regulations within the Township Code of Ordinances have been complied with and that all required permits from the federal, state or other local agencies will be obtained and provided to the Township.[2]
[2]
Editor's Note: Former Subsection A(11), regarding temporary certificates of occupancy, which immediately followed this subsection, was repealed 6-15-2010 by Ord. No. 181.
B.
Special standards.
(1)
Conditional uses authorized by the Supervisors may be subject to any additional conditions and safeguards established by the Supervisors in each case which may be warranted by the character of the areas in which such uses are proposed or by other special factors and which are necessary to implement the purposes of this chapter.
(2)
Special exception uses authorized by the Zoning Hearing Board may be subject to any additional conditions and safeguards established by the Zoning Hearing Board in each case which may be warranted by the character of the areas in which such uses are proposed or by other special factors and which are necessary to implement the purposes of this chapter.
C.
Plan requirements.
(1)
All applicants shall submit four copies of all plans and documentation to the Zoning Officer when making application for a conditional or special exception use permit.
(2)
The plans shall comply with all of the requirements for a site development plan in accordance with § 160-30. All proposed uses must be accurately and prominently labeled on the plans.
(4)
Applicants shall demonstrate that the proposed use complies with all general, special and specific requirements of this chapter.
§ 160-11 Land uses. [1]
A.
The following is a general listing of land uses:
(1)
Accessory structure and uses.
(1.A)
Accessory dwelling unit.
(2)
Adult entertainment business.
(3)
(Reserved)
(4)
Airport or heliport.
(4.A)
Automotive dealership.
[Added 7-21-2009 by Ord. No. 175]
(5)
Auto repair or body shop.
(6)
Bed-and-breakfast.
(7)
Bus station.
(7.A)
Bus terminal.
(8)
Campground.
(9)
Care facility: dependent, family or group.
[Amended 10-21-2008 by Ord. No. 167]
(9.A)
Care facility- placement.
(11)
Cemetery.
(12)
Child care.
(13)
College or school.
(14)
Commercial agricultural: animal husbandry, dairy, livestock production.
(15)
Commercial fishery.
(15.A)
Commercial Water Extraction.
[Added 2-27-2012 by Ord. No. 200]
(15.B)
Community Sewage System.
[Added 3-1-2011 by Ord. No. 189]
(16)
Concrete or asphalt plant.
(17)
Conversion to two-family dwelling.
(18)
Correctional facility or halfway house.
(19)
Crematory.
(20)
Cultural facility: library, museum, art gallery or community center.
(21)
Day-care facility or nursery school.
(22)
Drive-in or drive-through facility.
(23)
Eating or drinking establishment.
(24)
Financial, insurance, real estate, business or personal service.
(24.5)
Fireworks.
[Added 7-21-2014 by Ord. No. 220]
(25)
Flea market, commercial.
(26)
Flea market, nonprofit.
(27)
Forestry or timbering.
(28)
Fraternal, civic or social club.
(29)
Funeral home or mortuary.
(30)
Gasoline station.
(31)
Governmental facilities and uses.
(32)
Greenhouse or plant nursery.
(32.A)
Greenway land.
(32.B)
Group home.
(33)
Heavy equipment storage and office.
(34)
Home occupation.
(35)
Hospital or medical clinic.
(36)
House of worship.
(37)
Hunting or fishing club, camp or association/private only.
(38)
Indoor shooting range.
(39)
Indoor theater or indoor recreational use.
(40)
Institutional residence: convent, monastery, dormitory or fraternity.
(41)
Junkyard or salvage yard.
(42)
Kennel or animal hospital.
(43)
Laundromat.
(43.A)
Lot clearing.
(43.B)
Master Development.
(44)
Manufacturing: food, metal, plastic, chemical, petroleum.
(45)
Mobile home park.
(46)
Model airplane facility.
(47)
Motor freight terminal.
(48)
Multiple dwelling/apartments.
(48.A)
Nonconforming, nonresidential use expansion.
(48.B)
Non-Tower Wireless Communications Facilities.
[Added 2-17-2021 by Ord. No. 265]
(49)
Off-track betting establishment.
(49.A)
Oil or Gas Development.
[Added 3-17-2014 by Ord. No. 215]
(50)
Outdoor recreational use (excluding public and/or nonprofit parks).
[Amended 3-16-2015 by Ord. No. 227; 5-20-2015 by Ord. No. 232]
(51)
Outdoor recreation - high-impact.
[Amended 3-16-2015 by Ord. No. 227]
(52)
Outdoor shooting range.
[Amended 3-16-2015 by Ord. No. 227; 5-20-2015 by Ord. No. 232]
(53)
Park and ride facility.
(54)
Parsonage.
(54.A)
Planned Community Office Parks and Shopping Centers.
(55)
Planned residential development.
(56)
Playground, park or picnic area.
(57)
Professional office.
(58)
Public utility.
(59)
Repair services: jewelry, televisions, clocks, furniture, shoe.
(60)
Resort, hotel or motel.
(61)
Retail sales.
(62)
Retirement facility.
(63)
Riding or boarding stable (commercial).
(64)
Rooming or boarding home.
(65)
Single-family dwelling.
(65.A)
Small Wireless Communications Facilities.
[Added 2-17-2021 by Ord. No. 265]
(65.B)
Solar energy systems.
[Added 3-15-2011 by Ord. No. 192; amended 2-17-2021 by Ord. No. 265]
(66)
Special event, temporary: commercial or nonprofit.
(67)
Surface mining.
(68)
Tavern, nightclub or dance hall.
(69)
Taxi service.
(69.A)
Tower-Based Wireless Communications Facilities.
[Added 2-17-2021 by Ord. No. 265]
(70)
Two-family dwelling.
(71)
Veterinary or animal hospital.
(72)
Warehouse/self storage facility.
(74)
Wild game/hunting preserve.
(75)
Zoological park.
[1]
Editor's Note: See Schedule I, Regulations Governing the Use of Land, included as an attachment to this chapter.
§ 160-12 Special land use requirements.
A.
Specific requirements for each land use are as follows:
(1)
(1.A)
Accessory dwelling unit. One accessory dwelling unit (such as barn, stable, carriage house, spring house, guest cottage) shall be permitted on the same lot with and customarily incidental to any permitted residential use and shall not be conducted as an independent principal use.
(a)
Accessory dwelling units used for purposes such as servant quarters, guest quarters, or family members shall not be rented.
(b)
Issuance of permits for an Accessory dwelling unit shall be contingent upon the Township's Sewage Enforcement Officer approval for any on-site sewage disposal systems needed.
(c)
The minimum lot area for a primary residential use to include an accessory dwelling unit is 175% of the minimum required lot area for a single-family dwelling.
(d)
All parking areas shall be within the interior of the property.
(2)
Adult entertainment business. Legislative Findings and Intent. Numerous studies indicate that sexually-oriented businesses present negative secondary impacts on neighboring properties and their owners/occupiers. Potential negative secondary impacts of certain sexually-oriented land uses include: prostitution, anonymous sexual contact, the emission and/or exchange of bodily fluids, drug sales or use, and the spread of communicable diseases. Studies from other jurisdictions have shown that there is a basic incompatibility between sexually-oriented land uses and any land use or activity that regularly includes youth. Further, studies in Indianapolis and Rochester show that sex businesses are likely to have negative effects on the property values of residences and similar uses within 500 to 1,000 feet. The Board of Supervisors adopts the legislative findings of the Pennsylvania General Assembly regarding the potential negative secondary impacts of certain sexually-oriented businesses, set forth at 68 Pa.C.S.A. Section 5501. The Board of Supervisors of Paradise Township seeks to impose reasonable content-neutral regulations on sexually-oriented land uses within the Township to minimize negative secondary impacts so as to protect the health, safety and welfare of all Township residents, including the employees, patrons, owners and customers of sexually oriented businesses operating within the Township. It is not the intent of the Board of Supervisors to deny any persons the rights of speech protected by the constitutions of Pennsylvania or the United States. Further, by enacting this ordinance, the Board of Supervisors does not intend to deny or restrict the rights of any adult to obtain or view, or both, any sexually-oriented materials protected by the constitution of Pennsylvania or the United States, or both, nor do they intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of sexually-oriented materials may have to sell, distribute or exhibit these materials.
(a)
Adult entertainment businesses are allowed as a conditional use in the business district (B-2) zones only.
[1]
Individual Consideration of Applications for Conditional Use - Pursuant to § 160-8, conditional uses shall require individual consideration in each case because of their unique characteristics. Conditional Use applications shall be made in compliance with § 160-29 of this Code of Ordinances. Any applicant who is dissatisfied with the Township's decision may appeal to the Court of Common Pleas, as per the Municipalities Planning Code, in addition to any other remedies at law or equity.
(b)
Standards. Conditional Use shall be granted, if recommended by the Planning Commission and the Board of Supervisors, unless any of the following standards are not met:
[1]
All applicants must meet the general standards for all conditional uses found in Chapter 160-10; and
[2]
All applicants for adult entertainment business use must be at least 18 years of age; and
[3]
Applications must be made to the Zoning Officer on a form provided by the Township, intended for such use; and
[4]
Any application must be signed by at least one owner and one operator of the proposed adult entertainment business; and
[5]
If the applicant is a business entity, then each person having 10% or greater interest in the entity must sign the application and provide their home address and phone number; and
[6]
If the applicant is a partnership, then the partnership shall state its complete name, and names of all partners, whether the partnership is general or limited and shall submit a copy of the partnership agreement, if any exists; and
[7]
If the applicant is a corporation, the corporation shall state the corporate name, the date of its incorporation, the type or classification of corporation, the names and capacities of all its officers, directors and principal stockholders and the name of the registered corporate agent and address of the agent for service of process and shall submit evidence that the corporation is in good standing under the laws of the state of its incorporation and qualified and authorized to conduct business in Pennsylvania; and
[9]
Applications shall include the name, address and phone number of a responsible on-site manager with the authority to ensure compliance with this chapter; and
[10]
Proposed location for Adult entertainment use must not be within 500 feet of any existing adult entertainment business; and
[11]
Proposed location for the adult entertainment business must not be within 1,000 feet of the following protected uses:
[a]
Any day-care center;
[b]
Any house of worship, meetinghouse or other actual place of regularly scheduled religious worship established prior to the proposed adult entertainment business;
[c]
Any school or educational institution, public or private;
[d]
Any public park, recreation area or playground;
[e]
Any library, museum or other public buildings;
[f]
Any enterprise, commercial or not-for-profit, that caters to persons under 18 years of age; and
[12]
The proposed location of the adult entertainment business must not be within 500 feet of any occupied residence, unless said occupants sign a waiver that they do not object to the proposed location of the adult entertainment business; and
[13]
Separation distances shall be measured from the edge of the building proposed to be used for adult entertainment to the lot line of the protected use; and
[14]
Any false information provided or failure to provide information requested on application shall be basis for denial; and
[15]
Premises proposed for location of adult entertainment business must meet all applicable local, state and federal codes and/or rules within 30 days of conditional use approval under this chapter; and
[16]
All Applicants/owners must not be overdue in his or her payment to the Township of taxes, fees, fines or penalties assessed against him or her in relation to the adult entertainment business; and
(c)
License Required. No adult-entertainment business shall operate in Paradise Township without first obtaining a business license. All applicants for a conditional use to operate an adult business must at the time of application for conditional use, also apply for a business license to operate such business. Any adult entertainment business operating without a business license, or with an expired or revoked business license is guilty of violation of this chapter. Any existing adult-entertainment businesses, operating at the time of adoption of this ordinance have 180 days after its effective date to apply for and obtain an adult-entertainment business license under this chapter. All Adult entertainment businesses must comply with the provisions of Chapter 14 on Adult-Entertainment Business Licenses.
(d)
Prohibitions. The following shall be unlawful:
[1]
Touching: It is the responsibility of the Owner and/or Operator to make sure that no touching occurs between patrons or between patrons and performers/models/employees at any adult-entertainment business, except for hand-to-hand contact for the purpose of giving monetary gratuity to employees, or models or performers; and
[2]
Alcohol: It is the responsibility of the Owner and/or Operator to make sure that no alcohol is sold, served or consumed on the premise of any adult-entertainment business or massage parlors; and
[3]
Signage: It is the responsibility of the Owner and/or Operator to make sure that no sexually oriented material, signs, display or word is visible at any time from outside the building of any adult entertainment business or massage parlor. Exterior signs shall comply with Chapter 114 of this Code of Ordinances. Contents of signs shall include only the text of the name of the business and the hours of operation; and
[4]
Gambling: It is the responsibility of the Owner and/or Operator to make sure that no gambling occurs on the premises of any adult-entertainment business; and
[5]
Knowing Violations: Knowing violations of any of the above-stated provisions are prohibited and constitute a violation of this act; and
[6]
"Massage Parlors": It is the responsibility of the Owner and/or Operator to make sure that "Specified Sexual Activities" do not occur at massage parlors;
[7]
Minors: It is the responsibility of the Owner and/or Operator to make sure that no one under age 18 is on the premises of any adult-entertainment business during hours of operation;
[8]
Hours of Operation: It is the responsibility of the Owner and/or Operator to make sure that the business does not operate on Sundays or U.S. Government holidays;
[9]
Window Displays: It is the responsibility of the Owner and/or Operator to make sure that no sexually-oriented materials is displayed in windows or otherwise made visible to casual passersby;
[10]
Visibly Intoxicated Persons: It is the responsibility of the Owner and/or Operator to make sure that no visibly intoxicated persons are admitted into any adult-entertainment business;
[11]
Stage: It is the responsibility of the Owner and/or Operator to make sure that performers/models/employees are on a stage at least five feet away from the audience and performances occur in an area designated as a stage at least 500 square feet in size;
[12]
No Closed Booths: It is the responsibility of the Owner and/or Operator to make sure that there are no closed booths in the adult entertainment business as per PA law and this chapter;
[13]
No Material In Bathrooms: It is the responsibility of the Owner and/or Operator to make sure that no adult material is displayed or permitted in the bathrooms;
[14]
No Openings Between Booths: It is the responsibility of the Owner and/or Operator to make sure that there are no openings between any partitions or viewing booths; and
[15]
No Child Pornography: It is the responsibility of the Owner and/or Operator to make sure that child pornography is not sold, displayed or possessed in the adult entertainment business.
(3)
Agricultural uses.
[Amended 3-15-2011 by Ord. No. 191]
(a)
Agricultural uses - crops: Use of land for the cultivation of crop production, for commercial use shall be a permitted use in all zoning districts.
[1]
A retail sales structure is permitted on property used for commercial agriculture, providing it does not exceed 600 square feet of floor area and that it meets the minimum building setbacks for an accessory structure in the underlying zoning district;
[3]
Retail sales on property used for commercial agriculture shall be permitted to sell only produce or comestibles grown/raised on the property.
(b)
Agricultural uses - livestock: The keeping, breeding and/or raising of livestock shall require a minimum lot size of three acres for the first two animals, and an additional acre per every additional Animal Unit, as defined in Chapter 1.
[Amended 2-17-2021 by Ord. No. 269]
[1]
Barns, silos, sheds and related structures shall conform to the setback requirements for principal structures in the underlying zoning district;
[2]
Stables, pens, coops or similar housing for animals or fowl, or for the storage of manure or other odor- or dust-producing substances, or use of manure or other odor- or dust-producing substances shall not be permitted within 100 feet of any street or lot line. This shall not prohibit spraying, dusting or spreading of materials to fertilize or to protect vegetation in any area of the lot.
[3]
The keeping and/or raising of fowl and small animals shall require no minimum lot size; however, the number of fowl and small animals permitted on any non-agricultural property shall be as follows:
[a]
Fowl and small animal exclusive of pot belly pigs. Fowl and small animals excluding pot belly pigs are permitted to be raised in a quantity of up to 10 per acre with a maximum of 30 fowl and/or small animals exclusive of pot belly pigs for all acreage combined. For lot sizes less than one acre or fractional acreage, the maximum number of fowl and small animals shall be proportionally established by the size of the lot, rounded up. For example, properties containing 1/2 acre are permitted to have up to five fowl and small animals exclusive of pot belly pigs; properties containing 1/4 acre are permitted to have 2 1/2 rounded up to three of such fowl and small animals exclusive of pot belly pigs.
[b]
Pot belly pigs. Pot belly pigs are permitted to be raised in a quantity of one per 1/2 acre with a maximum of six pot belly pigs for all acreage combined. The calculation of total number of pot belly pigs shall be based on full 1/2 acre intervals and shall be reduced for any fraction less than 1/2 acre.
[c]
Confined to property. All fowl and small animals shall be confined within the boundary lines of the property in which they are being kept.
(c)
Agricultural uses - household pets. The keeping of outdoor household pets shall be permitted in all zoning districts provided it is conducted in a manner such that it does not generate noise, odor or safety issues that constitute a nuisance. At any time, by complaint of neighboring property owners or violation found by the Zoning Officer or certified state or federally appointed official, a landowner shall be notified and given 30 days to resolve such disorder(s). Such disorders not resolved within that period shall constitute a violation of this ordinance.
[1]
Outdoor housing, pens, runs shall meet the setback requirements for a residential accessory structure in the underlying zoning district;
[2]
Animal waste shall be stored and disposed of in a manner which creates no offensive odors beyond the property line;
[3]
Animal noises which produce complaints from neighboring properties shall require the property owner to take necessary steps to correct the noise.
[4]
Any commercial breeding (including the sale of more than one set of offspring per year) shall comply with standards for a kennel.
[5]
Household pets shall not be left outdoors unattended between the hours of 10:00 p.m. and 5:00 a.m.
(d)
Agricultural uses - exotic animals:
[1]
No exotic animal may be kept, raised or possessed upon any lands within the Township without prior registry with the Township Zoning Officer.
[2]
All state or federal permits, licenses or import documents shall be submitted with the registry application.
[3]
No more than one specimen of any exotic animal may be kept upon any parcel of land within the Township by a private owner, with the exception of permitted zoological parks.
[4]
Cages, pens, and holding areas for exotic animals shall meet the setback requirements for a primary structure and shall be adequate to prevent the release of any exotic animal at all times. The escape of any exotic animal shall be adequate evidence that the cage, pen, or holding area for such animal is not secure and violates this chapter.
(e)
Agricultural uses - private game preserves or hunting preserves. Fenced land dedicated to free-ranging animals for either display or hunting shall be located only in the OSC Zone, on parcels no less than 200 acres in size. Private game preserves or hunting preserves are prohibited from stocking any exotic animals, or any game species not native to the Commonwealth of Pennsylvania.
(4)
Airport or heliport:
(b)
Copies of all required federal and state permits shall be submitted to the Township.
(c)
The fly zone shall be situated to meet the performance standards within this chapter.
(d)
A private airport or heliport is a principal use and all areas used for landings, takeoffs and ground circulation shall be at least 1,000 feet from any property line.
(4.A)
Automotive dealership:
[Added 7-21-2009 by Ord. No. 175]
(a)
Automotive dealerships shall be conditional uses in the B-1 and B-2 districts only.
(b)
Minimum lot size is one acre.
(c)
Minimum street frontage shall be 150 feet.
(d)
No gasoline pump, oil pump, air, and/or water hose stand shall be permitted within 35 feet of any property line or street right-of-way line.
(g)
No vehicle shall occupy any part of any street right-of-way whether public or private, required customer parking area, or paved area setback.
(h)
Applicants shall supply the Township a proof of a valid and current Pennsylvania State license to sell automobiles prior to the issuance of a conditional use permit and annually thereafter.
(i)
One parking space shall be provided for each vehicle for sale with a twenty-foot setback from the road right-of-way, and must conform with all other standards outlined in § 160-16.
(j)
Any area used for the parking and/or storage of vehicles shall be paved.
(k)
For automotive dealerships which also contain a garage and/or fueling station on-site, the standards outlined in § 160-12A(5) and § 160-12A(30) shall apply, as appropriate.
(l)
All automotive dealerships shall be kept free of paper and rubbish. No abandoned or nuisance vehicles shall be stored on-site.
(5)
Auto repair or body shop:
(a)
All disabled, inoperable or damaged vehicles shall be stored in an area which cannot be seen from public view.
(b)
Screening and or stockade fencing is required. No vehicles shall be stored in the minimum building setback areas.
(c)
Normal repairs must be done inside a building.
(d)
(Reserved)
(e)
No vehicle is allowed to be stored on grass or natural area.
(f)
Automobile parts, junk, petroleum, paint products or other hazardous material shall be stored outside.
(g)
Welding or painting shall be done within the premises.
(7)
Bus station.
(a)
The minimum lot size shall be two acres.
(b)
Setbacks from all property lines shall be at least 50 feet.
(c)
All activity shall occur on the property, not on any public right-of-way or private street.
(d)
Access must be directly to a collector or arterial street.
(e)
The storage of petroleum or other fuel must be in-ground, screened or within a building.
(f)
Public rest rooms are required (but not taxi services).
(7.A)
Bus terminal. Refer to § 160-12A(47) Motor freight terminals.
(8)
Campground.
[Amended 3-16-2015 by Ord. No. 227]
(a)
A person or occupant shall not occupy any campsite within the campground longer than six months over a consecutive twelve-month period.
(b)
The owner of the property must supply any relevant information sought by the Zoning Officer in his official capacity.
(c)
Fifty acres is the minimum lot size.
(d)
A 100-foot buffer with screening must surround the entire perimeter of the site. Screening is required to comply with § 160-18.
(e)
All structures, activity areas or buildings shall be set back at least 150 feet from all contiguous residential property lines, except that activities involving music and/or public address systems shall be setback at least 200 feet from all contiguous residential property lines.
(f)
All parking must be at least 35 feet from the property line.
(g)
Thirty percent is the maximum lot coverage.
(h)
Evidence of adequate potable water supply and sanitary sewage disposal for the use in question on the property shall be provided by the applicant.
(9)
Care facility, dependent, family, or group.
(a)
At least 60% of the residents receive nursing or personal care.
(b)
A copy of any federal and state certificates shall be provided to the Township.
(c)
Maximum lot coverage is 30%.
(d)
Minimum lot size is two acres.
Number of Beds | Minimum Lot Size |
|---|---|
0 to 4 | 2 acres |
5 to 8 | 2.5 acres |
9 to 14 | 3 acres |
>14 | An additional 5,000 square feet for each bed/person |
(e)
All principal buildings must be set back at least 50 feet.
(f)
An outdoor recreation area shall be provided for the residents of the facility and properly secured if necessary.
(g)
A tested and suitable primary absorption area and a tested and suitable secondary absorption area shall be provided for any on lot sewage disposal system.
(9.A)
Care facility — Placement.
(a)
Facility must comply with all applicable state and/or federal laws and be licensed, where required, by an appropriate state and/or federal government agency.
(b)
A copy of any federal and state certificates shall be provided to the Township.
(c)
Facility must comply with all other zoning requirements for the underlying zoning district.
(d)
Adequate off-street parking must be provided for caregivers and visitors.
(e)
Maximum lot coverage is 30%.
(f)
An outdoor recreation area shall be provided for the residents of the facility and properly secured if necessary.
(g)
A tested and suitable primary absorption area and a tested and suitable secondary absorption area shall be provided for any on lot sewage disposal system.
(h)
Minimum lot size shall be two acres.
Number of Beds | Minimum Lot Size |
|---|---|
0 to 4 | 2 acres |
5 to 8 | 2.5 acres |
9 to 14 | 3 acres |
>14 | An additional 5,000 square feet for each bed/person |
(i)
All principal buildings must be set back at least 50 feet.
(11)
Cemetery.
(a)
Lot size shall be at least five acres; total building coverage is 20%.
(b)
All graves, buildings or structures and/or driveways shall be at least 50 feet from all property lines.
(c)
Interior drives shall be at least 12 feet in width and shall provide adequate access of at least 100 feet to any grave site and are part of lot coverage calculations.
(12)
Child care.
(13)
Colleges or schools.
(a)
All buildings or activity areas shall be at least 50 feet from all property lines or right-of-way lines.
(b)
Building lot coverage shall not exceed 30%.
(c)
For each 100 persons or fraction thereof, one acre shall be added to the minimum lot size.
(d)
Lot coverage, including all improvements, shall not exceed 50%, parking and drives included.
(e)
The principal access must be on to a collector or greater street.
(14)
Commercial agricultural: animal husbandry, dairy, livestock production.
(15.A)
Commercial Water Extraction.
[Added 2-27-2012 by Ord. No. 200]
(a)
All required permits from the Delaware River Basin Commission and/or the Pennsylvania Department of Environmental Protection, including all required supplementary permit application documentation, shall be provided to the Township.
(b)
Access to the site shall be to a collector street or greater.
(c)
If water is treated, processed or packaged for retail distribution on-site the applicant shall also comply with requirements for manufacturing. Treatment/processing shall include any filtering, disinfection or conditioning.
(15.B)
Community Sewage System.
[Added 3-1-2011 by Ord. No. 189]
(a)
All required state and federal permits shall be provided to the Township as a condition of approval.
(b)
Any new Community Sewage System, or any parts thereof, must obtain an approved Act 537 Planning Module.
(c)
The owner of a Community Sewage System must supply a copy of any draft and final National Pollution Discharge Elimination System (NPDES) permit, as well as any modifications to the permit, where applicable, to the Township sewage enforcement officer.
(d)
Prior to the construction of any Community Sewage Systems, or any parts thereof, the Applicant shall prepare and receive Municipal approval of a Major Land Development Plan in accordance with the procedures in Chapter 131, and specifically in compliance with § 131-28 of Chapter 131 and § 160-12A(15.A) of Zoning.
(e)
Any Community Sewage Systems, or parts thereof, that constitute a principal use of a lot shall require a Conditional Use Permit in compliance with § 160-12A(15.A) of Zoning, reviewed and approved by the Paradise Township Board of Supervisors in accordance with the procedures in § 160-29 of Zoning.
(f)
Any Community Sewage System that serves uses outside the borders of Paradise Township shall be a Public Sewage Facility.
(g)
Community Sewage Systems are prohibited from treating or disposing of any wastewater not generated within the community it is designed and approved to serve.
(i)
All earth disturbance associated with land-based wastewater disposal systems shall be set back a minimum of 100 feet from all water supply wells, wetlands, streams, ponds or lakes and property lines, with the exception of access drive(s) and solid piping associated with collection of raw sewage or distribution of treated effluent. All drip or perforated piping associated with distribution of treated effluent of land-based disposal shall meet this 100-foot setback. The design spray trajectory limit of a spray irrigation system used for disposal of treated effluent shall also meet this 100-foot setback.
(j)
The Major Land Development Plan shall show the limits of land application of any wastewater or treated wastewater, and shall show location and size of all trees within that area whose trunk exceeds six inches in diameter at four feet above the ground. Any trench distribution system, drip system, and/or spray irrigation system used for effluent disposal shall be constructed in such a way as to minimize the need for removal of any of these identified trees, and at a minimum, should be designed to preserve and protect at least 50% of the trees so identified.
[1]
Removal of these trees, prior to Plan submission, for the purposes of avoiding this requirement shall constitute a violation of this Ordinance. Standing trees that are dead should be separately identified. The 50% requirement shall pertain solely to the protection of live trees.
[2]
Owners of Sewage Facilities requiring protection of 50% of trees shall be required to provide a biannual report prepared by a qualified forest management professional, identifying the positive or negative impacts that have resulted from the operation of the Sewage Facilities.
[3]
If this report indicates that the effluent from the Sewage Facilities is causing degradation of the protected trees, the report shall contain recommendations for tree protection or tree replacement, so that the degradation, if identified, is offset by vegetation improvements. In the 12 months following the issuance of this report, the Owner of the Sewage Facilities shall comply with the recommendations of this forest management professional.
(k)
Any new Community Sewage System, or any parts thereof, must comply with wellhead protection standards in § 160-21C(9) of Zoning. Alternatively, an Applicant for a new Community Sewage System, or any parts thereof, may provide a study, prepared by a hydrogeologist registered in the Commonwealth of Pennsylvania, demonstrating, to the satisfaction of the Township, that the proposed Community Sewage System, or any parts thereof, including any/all treatment, disposal, conveyance equipment and all associated appurtenances will pose no threat to any private or public water supply well.
(l)
Discernible odors beyond the property line associated with the handling and/or disposal of wastewater shall constitute a public nuisance and a violation of this chapter. Discernible odors beyond the property line associated with the handling and/or disposal of wastewater shall require immediate remediation by the owner and/or operator. All tanks used for equalization, wastewater treatment or sludge holding or treatment and all sludge handling facilities shall be housed or covered to provide odor control.
(m)
A minimum of two monitoring wells, designed to Pennsylvania DEP standards for identification of water quality in the "first encountered" water table, shall be constructed down gradient from each effluent disposal area and a minimum of one such monitoring well shall be provided for each 10 acres of effluent disposal area for each direction of groundwater flow identified.
[1]
Any/all predevelopment groundwater test results required by DEP shall be provided to the Township.
[2]
If the Pennsylvania DEP Regulations require additional monitoring wells, the more restrictive requirement shall apply.
[3]
The Owner of any Sewage Facility requiring monitoring wells shall provide an annual Operations and Maintenance Report to the Township, which report shall include the results of annual groundwater monitoring water quality tests. The water quality parameters to be tested would be identical to the parameters required by DEP and/or as modified by the DEP in the future.
[5]
Two samples shall be tested from each monitoring well.
[6]
The owner of any Sewage Facility requiring monitoring wells shall provide groundwater test results for these same parameters on an annual basis to the Township with two samples tested at each monitoring well. The owner shall provide a report prepared by an Engineer registered in the Commonwealth of Pennsylvania providing an interpretation of the results and an opinion as to whether or not any changes in the results of the groundwater testing are attributable to the utilization of property for land application of treated or untreated wastewater. Further, the report shall provide the Engineer's recommendation for mitigation of impact that he or she would recommend for protection of any downgradient wetland, pond, lake, stream or private/public water supply.
[7]
Within one year of the date of issuance of that report, the owner and operator shall implement the recommendations of their Engineer and provide a report from their Engineer that this mitigation work has been satisfactorily completed.
[8]
Owners of any Sewage Facility discharging less than 5,000 gallons per day are exempt from this Subsection (m) of § 160-12A(15.A) of this Ordinance. Any future expansion of any Sewage Facilities resulting in a discharge in excess of 5,000 gallons per day will require compliance with this section.
(n)
The owner of a Community Sewage System or any parts thereof, must supply the Township with a copy of the Discharge Monitoring Report as provided to DEP on the schedule required by DEP and any other report required by DEP or enforcement notice issued by DEP within 15 days.
(16)
Concrete or asphalt plant.
(a)
Shall be located on the same site as a surface mining operation.
(b)
Shall be subject to and comply with all applicable requirements for a surface mining operation and any other requirements for the district where located.
(c)
No structure, equipment, activity, etc., shall exceed 35 feet in height measured from the original ground surface at the location of such structure, equipment, activity, etc.
(d)
Setbacks for asphalt and concrete plants and all activities related to their operation shall be the same as for the excavation location of the surface mining use as contained in this section.
(e)
Noise level for asphalt and concrete plants shall also be the same as for surface mining operations.
(17)
Conversion to a two-family dwelling.
(a)
Lot size minimum is 175% of the minimum lot size required for a single-family unit in that district.
(18)
Correctional facility.
(a)
The minimum lot size is 100 acres.
(b)
All setbacks are at least 100 feet from any property lines for all buildings, fences, structures or outdoor activity areas.
(c)
Screening and landscaping are required for any outdoor confinement area.
(d)
Access must be on to a collector street or greater.
(e)
Full compliance with all state/federal guidelines.
(20)
Cultural activities: library, museum, art gallery, community center.
(21)
Day-care facility or nursery school.
(a)
All federal, state and other appropriate permits shall be provided to the Township.
(b)
Screening is required when adjacent to any residential use.
(c)
The outdoor play area shall be limited to the hours between 9:00 a.m. and 6:00 p.m. It shall be surrounded with a fence at least six feet in height and well maintained.
(d)
Vehicular traffic must be separated from pedestrian traffic.
(22)
Drive-in or drive-through facility.
(a)
Examples of this use are a car wash, drive-through bank, drive-through restaurant or any type of drive-through window use or facility. Any use where a transaction occurs without leaving the vehicle applies.
(b)
A traffic study must be approved by the Board of Supervisors and reviewed by the Planning Commission.
(c)
The drive-through shall not cause any traffic congestion or interfere with the flow of vehicular traffic on or off the site.
(23)
Eating or drinking establishment.
(a)
Points of vehicular ingress and egress shall be limited to a total of one on any street, unless a one-way traffic pattern is established, in which event two points of ingress or egress shall be allowed.
(b)
Any outdoor eating or drinking area shall be screened from adjacent residential properties.
(c)
Outdoor seating shall be included in the sewage analysis as permanent seats. Public toilets, one for men and one for women, must be provided. Outdoor waste containers shall be provided for all paper or other solid waste when takeout or outdoor seating is provided.
(24)
Financial, insurance, real estate, retail or personal business: Refer to Professional Offices, § 160-12(A)(57).
(24.5)
Fireworks. Manufacture, sale, and discharge of Consumer Fireworks and Display Fireworks shall be regulated as follows:
[Added 7-21-2014 by Ord. No. 220]
(a)
The manufacture of fireworks is prohibited within Paradise Township.
(b)
The sale, exposing for sale, and the offering for sale of consumer fireworks shall be authorized as a conditional use to a facility licensed by the Pennsylvania Department of Agriculture in accordance with the provisions of the Pennsylvania Fireworks Law found at 35 P.S. § 1271 et seq., as it currently exists or may be amended from time to time, in the B-2 zoning district.
(25)
Flea market: commercial (indoor or outdoor).
(a)
Public toilets, one for men and one for women, must be provided.
(b)
A land development plan and a traffic study must be submitted and approved by the Board of Supervisors.
(c)
The property owner must grant written consent for a flea market.
(d)
The minimum lot size is three acres.
(e)
The setback for all buildings shall be 100 feet and all other improvements, structures or parking areas shall be at least 50 feet from all lot lines.
(f)
A litter control plan and solid waste management program shall be included in the land development plan.
(g)
Any flea market held by a commercial business shall be considered a commercial flea market even though a portion of the proceeds benefit a nonprofit organization.
(26)
Flea market, bazaar, fair, festival, outdoor fund-raiser, craft show tent sale, etc., for a nonprofit group, organization, or resort.
(a)
This is a permitted accessory use in all districts.
(b)
The total days of the events above shall not exceed seven for each occurrence and shall occur only twice in any one calendar year.
(c)
Temporary buildings, structures or tents shall obtain a permit. Temporary parking in an open field is permitted.
(d)
A temporary zoning permit is required and adequate chemical toilets shall be required.
(28)
Fraternal, civic or social club.
(a)
Minimum lot size is five acres.
(b)
Setbacks for all buildings shall be at least 100 feet minimum.
(c)
No more than one permanent single-family unit shall be developed as part of the facilities.
(d)
The property shall be principally used for the purpose of a fraternal, civic or social club.
(e)
Screening shall be provided adjacent to all residential uses.
(30)
Gasoline station or convenience store with fuel sales to motor vehicles.
(32.A)
Greenway Land. The following uses are permitted in greenway land areas provided earth disturbance in primary conservation areas is limited to passive recreation and stormwater conveyances in compliance with Chapter 123:
(a)
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow);
(b)
Agricultural and horticultural uses, including raising crops and wholesale nurseries, associated buildings (excluding residences), that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations, and/or concentrated animal feeding operations.
(c)
Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry and § 160-12(A)(27).
(d)
Neighborhood uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized vehicle use, rifle ranges, and other uses similar in character and potential impact as determined by the Board of Supervisors.
(e)
Active recreation areas, such as play fields, playgrounds, courts, pastureland for horses, equestrian facilities, hunting, fishing, golf courses and bikeways, provided such areas do not consume more than half of the minimum required greenway land. Play fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking spaces for the facilities shall also be permitted in compliance with § 160-16.
(f)
Water supply and sewage disposal systems, and stormwater best management practices designed, landscaped, and available for use as an integral part of the Greenway.
(g)
Easements for drainage, access, sewer or water lines, or other public purposes.
(h)
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas, but shall not count toward the minimum required greenway land.
(32.B)
Group home.
(a)
Care must be provided to individuals subject to protection under the Fair Housing Act of 1988, as amended and/or the Americans with Disabilities Act, as amended.
(b)
Facility must comply with all applicable state and/or federal laws and be licensed, where required, by an appropriate state/and or federal government agency.
(c)
Approval is deemed withdrawn in the event of a change of use, or if care is provided to any individuals not subject to protection under the Fair Housing Act of 1988, as amended and/or the Americans with Disabilities Act, as amended.
(d)
Facility must comply with all other zoning requirements for residential use contained in this chapter.
(e)
Adequate off-street parking must be provided for caregivers and visitors.
(33)
Heavy equipment storage and office.
(a)
No equipment may be stored in any of the setback areas.
(b)
The site shall have direct access to a collector street or greater.
(c)
Parking and storage of equipment or vehicles shall be on a durable dustless surface whenever a permanent area is used.
(d)
No junk or nonoperable, dismantled equipment shall be stored outside.
(e)
Screening may be required.
(34)
Home occupation.
(a)
Home occupation shall be conducted by one or more permanent residents of the dwelling and by not more than one nonresident.
(b)
The applicant shall set forth the maximum number of customers, visitors or clientele expected to be served by the home occupation during any one hour and one-day period and the hours of operation.
(c)
No more than two vehicles per hour, on the average, are permitted for the home occupation, including visitors, clients, deliveries or customers.
(d)
There shall be no change to the outside appearance of the home or lot. Outdoor storage related to the home occupation is prohibited.
(e)
Additional off-street parking shall be required per this chapter.
(f)
The home occupation shall not exceed 30% of the total habitable floor area of the residential dwelling unit.
(g)
The home occupation may be within the principal residential building or an accessory building.
(h)
The following uses shall not be deemed home occupations: auto repair, auto body repair or paint shop, a motorcycle shop, welding, heavy machinery repairs or any use that will detract from the residential character of the neighborhood.
(i)
A home occupation may include the following: trades, i.e., a painter, plumber, electrician, carpenter, art or musician's studio with a maximum of four students or educating or tutoring of up to a maximum of four persons in a small class, custom dressmaking, tailoring, beautician, barber, home cooking.
(j)
Lawyer, doctor, architect, minister, accountant and other home offices (computer, real estate, etc.) are home occupations.
(k)
Adequate sewage facilities must be provided and approved for all home occupations. Any temporary structure as part of the home occupation is prohibited.
(37)
Hunting or fishing club, camp or association/private only.
(a)
Minimum lot size is 20 acres.
(b)
No building, activity area or recreation area shall be located within 50 feet of a right-of-way line or 100 feet of a lot line.
(c)
All parking lots shall be at least 50 feet from all lot lines.
(d)
All facilities and services shall be for the exclusive use of members or their guests. No identification sign shall exceed six square feet.
(e)
Any shooting range must meet the requirements for outdoor ranges.[3]
[3]
Editor's Note: See § 160-12A(52).
(38)
Indoor shooting range.
(41)
Junkyard or salvage yard.
(a)
All materials stored outdoors shall not be visible from a public or private street or any adjacent properties. Screening at least six feet in height shall surround the perimeter of the facility. (Refer to § 160-18.)
(b)
Adequate proof shall be provided that no contaminants shall leach into the surface water, groundwater or ground at the site.
(c)
The minimum lot size is seven acres.
(d)
Storage of organic material is prohibited.
(e)
Burning or incineration of materials is prohibited.
(f)
The minimum front setback shall be 100 feet sides and rear 50 feet. No material shall be stored in a setback area.
(g)
The maximum height of stored junk shall be 12 feet.
(h)
A land development plan and screening plan shall be required.
(42)
Kennel or animal hospital/private or commercial.
(a)
The minimum lot size shall be three acres, plus the minimum lot size required in the zoning district for any additional use on the lot.
(b)
All animals shall be housed within an enclosed building.
(c)
The kennel or animal hospital shall be at least 100 feet from all property lines, right-of-way lines, streams, ponds, wetlands or drainage channels and at least 200 feet from any residential use on adjacent properties.
(d)
All liquid and solid waste must be properly disposed of and shall not detract or impact surrounding property owners or residents. The property shall be properly screened. (Refer to § 160-18.)
(e)
Continuous barking heard beyond the property lines is prohibited.
(f)
All access drives shall be at least 20 feet in width, and if the property is a corner parcel, the driveway must be at least 60 feet from any street intersection.
(43.A)
Lot Clearing — Any portion of any lot being cleared of vegetation for either a principal or accessory use, or for the creation of driveways, utilities, stormwater structures or lawns and gardens shall be limited by the following conditions:
[Amended 8-16-2011 by Ord. No. 195]
(c)
Nonresidential uses in all districts shall preserve existing trees and vegetation within all building setback areas with the exception of utility easements and areas required to be cleared for construction of ingress/egress drives.
(d)
Lot clearing standards for residential uses do not apply to areas required to be cleared for construction of driveways, septic facilities, stormwater facilities and other, permitted accessory uses, or for removal of invasive, diseased, dangerous, or dead material.
(e)
Compliance with § 160-21C(7) pertaining to conservation of riparian buffers and § 160-21C(8) pertaining to conservation of sloping lands is required.
(43.B)
Master development.
(a)
Master developments are permitted as conditional uses within the Resort Development Overlay District described in Article XII of this chapter.
[Amended 1-17-2022 by Ord. No. 273]
(b)
Master developments require a minimum of 60 contiguous acres for development. All owners of record must join in the application for development.
(c)
Master developments shall be evaluated in the same manner as Option 1 conservation subdivisions to establish adjusted tract acreage and minimum greenway lands as described in Sections 160-21-C(B) and (C).
(d)
Greenway land design, ownership and maintenance shall comply with Section 160-21-C(D), (E) and (F).
(e)
Master development tracts shall have frontage along and direct access to a road or highway controlled by the Pennsylvania Department of Transportation.
(f)
The master development tract may be composed of a combination of residential and nonresidential uses. Not less than one-half of the development area of the tract shall be dedicated to resort use(s).
(g)
Within the development area, lot coverage may not exceed 80%.
(h)
The following uses are permitted within an area proposed for a master development plan:
[1]
Uses permitted within the underlying Zoning District.
[2]
Resorts, hotels and resort amenities described in § 160-12A(60) and subject to the standards therein.
[4]
Planned community office parks and shopping centers in compliance with § 160-12A(54.A) and subject to the standards therein.
[5]
Short-term rentals in compliance with § 160-12A(64.A) and subject to the standards therein.
[Added 1-17-2022 by Ord. No. 273]
(i)
Area/Bulk Standards. Residential uses within a Master Development Plan shall comply with standards for an Option One Conservation Subdivision contained in Schedule IV. Nonresidential uses within a Master Development Plan shall comply with the following standards:
[1]
Minimum lot area: two acres.
[2]
Minimum lot width: 150 feet.
[3]
Minimum side and rear building setback when abutting a nonresidential use: 15 feet.
[4]
Minimum side and rear building setback when abutting a residential use: 150 feet.
[5]
Minimum building setback from local street right-of-way: 10 feet.
[6]
Minimum building setback from collector street or greater right-of-way: 30 feet.
[7]
Minimum building setback when across any street from a residential use: 30 feet.
[8]
Minimum parking/service setback: 30 feet. (Note: This requirement may be waived when shared parking between separately owned, multiple uses are contemplated so long as the shared parking and circulation is located adjacent to a shared common property line. In addition, appropriate declarations of cross easement for the benefit of each use and lot for the purposes of parking, access, surface and sub-surface utilities and stormwater management shall be required.)
[9]
Maximum impervious coverage: 75%.
(k)
All building groups shall be arranged so that adequate access is provided to all structures by emergency vehicles. Resorts and hotels are exempt from height restrictions contained in Schedule III and Schedule IV of this chapter, not to exceed six stories or 80 feet, provided that fire protection facilities and fire fighting capabilities are considered adequate by the Board of Supervisors. The Board shall consult with state, county and local fire and emergency management officials to make this determination.
(l)
The master development tract may be subdivided for separate ownership or lease (or as otherwise required by the Municipal Planning code or Chapter 131 of the Paradise Township Code of Ordinances), but only if the subdivision does not interfere with the development or use of the master development tract in accordance with the approved master development conditional use permit.
(m)
Once the master development conditional use is approved, permits may be issued only pursuant to approved Land Development or Subdivision Plans consistent with Chapter 131 of the Paradise Township Code of Ordinances.
(n)
A master development conditional use permit application shall include an Existing Resources Site Analysis Plan consistent with § 131-39 of the Paradise Township Subdivision and Land Development Regulations.
(o)
A master development conditional use permit application shall include a community impact analysis which includes an evaluation of the potential impacts of the proposed master development upon the following community facilities:
(44)
Manufacturing: food, metal, plastic, chemical, petroleum, etc.
(a)
The use of a trailer for temporary or permanent storage requires a zoning permit.
(b)
A 100-foot-wide natural buffer is required along the rear and sides of the property. As an alternative, a protective screening strip of at least 30 feet in width may be used. No outdoor storage shall be visible from the adjacent properties.
(c)
All manufacturing must be within an enclosed building.
(d)
All access must be to an arterial or collector road.
(47)
Motor freight terminal.
(a)
The minimum lot size is 10 acres.
(b)
All setbacks, parking areas, storage or loading areas must be at least 50 feet from all property lines.
(c)
The site shall have direct access to a collector street or greater.
(d)
Screening is required along all property lines.
(e)
Parking on a public right-of-way or private right-of-way is prohibited.
(f)
No fuel or petroleum shall contaminate the environment. Adequate safeguards are required.
(48)
Multiple dwelling/apartments. Multiple dwellings, townhouses, condominiums, and apartments, proposed as part of a conservation subdivision, shall comply with lot, yard and height restrictions in Schedule IV of this chapter. Multiple dwellings, townhouses, condominiums, and apartments not proposed as part of a conservation subdivision shall comply with the requirements below:
(a)
The minimum lot area for the first dwelling unit shall not be less than 175% of the minimum required lot area for a single-family dwelling.
(b)
For additional dwelling unit(s), the minimum lot area per dwelling unit shall be equivalent to not less than 75% of the minimum lot area for a single-family dwelling in the appropriate zoning district. Not more than six units may be within one building.
(c)
An additional recreation area of 1/2 acre per six units is required.
(d)
Screening is required if adjacent to a residential use.
(e)
All parking areas shall be within the interior of the property.
(f)
All vehicular access shall be to a collector street or greater.
(48.A)
Nonconforming, nonresidential use expansion.
(a)
Expansion of nonconforming use must be based on business necessity;
(b)
Expansion must be reasonable;
(c)
Expansion must not create any nonconforming structure, or increase the extent of nonconformity if structure is already nonconforming.
(d)
Expansion must not create a threat to the public health, safety or welfare;
(e)
Expansion must not create a nuisance.
(49)
Off-track betting establishment.
(a)
Legal gambling or off-track betting establishments includes any and all legal gambling uses, including but not limited to off-track betting establishments, but excluding small games of chance (see 10 P.S. § 311 et seq.), whether or not including a restaurant, nightclub, bar or similar use, which shall comply with the following (in regard to which the applicant shall have both the burden of proof and the duty to move forward with the evidence to demonstrate that his particular proposed establishment does so comply):
[1]
Such establishment shall not be located within 200 feet of any residential district and shall not be located within 200 feet of any structure whose use is principally residential.
[2]
Such establishment shall not be located within 300 feet of any structure or use of land which contains one or more of the following specified land uses:
[3]
The distance between any such legal gambling or off-track betting establishment and any of the protected land use specified at Subsection A(49)(a)[1] and [2][a] through [j] above shall be measured in a straight line, without regard to intervening structures, from the closest point of the structure in which such establishment is located to the closest point on the property line or structure (depending on the applicable section) of such protected land use.
[4]
Off-street parking shall be provided at the rate of three spaces for each 100 square feet of all public areas, including but not limited to related dining, restaurant, bar and snack bar areas, and an additional one space per each employee of the largest shift.
[5]
The proposed establishment will not be detrimental to the use of adjoining properties and must meet the following performance standards:
[a]
Hours of operation: 9:00 a.m. to 2:00 a.m.
[b]
Lighting in accordance with current zoning requirements.
[c]
All litter on the grounds shall be prohibited except in solid waste containers.
[d]
All parking areas shall be screened and include at least a ten-foot buffer from all private properties adjacent to the site.
[6]
The proposed establishment will not constitute a nuisance due to noise or to loitering outside of the building.
[8]
All other federal, state and other permits must be obtained prior to the issuance of the certificate of occupancy and use permit.
[9]
All legal gambling and off-track betting establishments shall comply with all laws, rules and regulations of the United States of America, the Commonwealth of Pennsylvania and their respective agencies and instrumentalities and of this Township pertaining thereto.
(49.A)
Oil or Gas Development. The following standards apply to all Oil or Gas Development, as defined in Chapter 1:
[Added 3-17-2014 by Ord. No. 215]
(a)
The applicant shall present a copy of all Federal, State and County permits associated with Oil or Gas Development, including permits from the Pennsylvania Department of Environmental Protection and any docket from the Delaware River Basin Commission, as part of the application.
(b)
The applicant shall comply with all applicable Federal, State, and local laws.
(c)
Minimum lot size. Minimum lot size for the Oil and Gas Development site shall be 20 acres. Multiple property owners may combine adjoining parcels to achieve the minimum 20 acres required. Nothing herein shall preclude adjoining property owner(s) from utilizing a written license agreement to achieve the minimum lot size or required setbacks. The license shall be recorded at the Monroe County Office of the Recorder of Deeds, indexed to all properties subject to the license agreement, and shall be effective for the duration of the natural gas drilling, compression or processing activity. Leases and easements must comply with Chapter 131 (Subdivision and Land Development).
(d)
This ordinance applies to all oil or gas development that will be permitted or constructed after the effective date of this ordinance. Any modification to an existing and permitted oil or gas development site that materially alters the size, location, number of wells or accessory equipment or structures shall require a modification of the permit under this ordinance. Like-kind replacements shall not require a permit modification.
(f)
All oil or gas development sites shall comply with all other zoning requirements, including other required approvals in § 160-21.
(g)
All oil or gas development sites shall include a buffer 75 feet in width around the entire exterior perimeter of the site and screening in compliance with § 160-18.
(i)
A Transportation Plan is required to identify compliance with Federal, State and Township rules and regulations, including parking standards in § 160-16, haul road design and construction standards in § 160-21-A, traffic study standards in § 160-20, and weight restriction standards in Chapter 142. The plan shall show proposed truck routes to be utilized for all oil and gas operations. The Township reserves the right to designate reasonable required truck hauling routes consistent with the Pennsylvania Motor Vehicle Code and Pennsylvania Department of Transportation throughout the Township.
(j)
All vehicles involved in hauling materials into and out of the development site shall be registered, licensed and insured at levels compliant with State law.
(k)
All employees, contractors and subcontractors involved in any site activities shall be covered by at least the State minimum in Workers Compensation insurance.
(m)
Prior to initiation of construction activities applicant shall provide the Township and all Emergency Responders with a copy of an approved Preparedness, Prevention and Contingency Plan. The Township and all Emergency Responders shall be provided with any modifications to the Plan within 24 hours of such modifications being made.
(n)
At least 30 days prior to commencement of oil or gas development, the applicant shall provide an appropriate site orientation and training course of the Preparedness, Prevention and Contingency Plan for all Emergency Responders. The cost and expense of the orientation and training program and related materials shall be the sole responsibility of the applicant. The applicant shall be required to hold, at a minimum, one site orientation and training course annually. During all construction and drilling operations the Township Engineer, Township Zoning Officer, Township Building Code Official, Pocono Mountain Regional Volunteer Fire Company and Pennsylvania State Police shall have access to the site to determine continuing compliance with the Conditional Use approval.
(o)
Access to any oil or gas development site shall be to a collector street or greater. Access to a PennDOT road shall require a PennDOT Highway Occupancy Permit. Access to a Township street shall require a Township Driveway Permit.
(p)
No oil or gas development, or addition to an existing oil or gas development site, shall be constructed or located within Paradise Township unless a Stormwater Management Plan has been approved by the Township.
(q)
No dwelling units, including, but not limited to, houses, mobile homes, or trailers used for temporary living quarters shall be permitted on lots used for oil and gas development.
(r)
A chain link security fence at least eight feet in height shall be installed at the oil or gas development site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the site. Fencing shall be equipped with lockable gates at every access point and having openings no less than 12 feet wide. The means to access the oil or gas development site shall be provided to Emergency Providers in the event of an emergency. Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in the event of an emergency.
(s)
No oil and gas drilling structures or equipment shall be placed in any one-hundred-year floodplain.
(t)
Structures associated with an oil and gas development site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil and gas development site is located. There shall be an exemption to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or re-drilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or re-drilling of an oil or gas well, and in no event longer than one year.
(u)
Abandoned or unused oil and gas drilling rigs, compressor stations, natural gas processing plants, buildings, drilling pads, storage tanks and associated equipment shall be removed as follows:
[1]
All abandoned or unused oil and gas drilling rigs, compressor stations, natural gas processing plants, buildings, drilling pads, storage tanks and associated equipment shall be removed within 180 days of cessation of operations. A copy of the relevant portions of any signed lease, license or other agreements which requires the applicant to remove the oil and gas drilling rigs, compressor stations, natural gas processing plants, buildings, drilling pads, storage tanks and associated equipment upon cessation of operations at the site shall be submitted at the time of application. In the event that oil and gas drilling rigs, compressor stations, natural gas processing plants, buildings, drilling pads, storage tanks and associated equipment are not removed within 180 days of the cessation of operations at a site, the oil and gas drilling rigs, compressor stations, natural gas processing plants, buildings, drilling pads, storage tanks and associated equipment may be removed by Paradise Township and the cost of removal assessed against both the applicant and the owner of the property on which the facilities exist.
[2]
Financial security in a form and amount acceptable to the Township shall be provided to the Township prior to the initiation of construction activities, to address the removal of abandoned or unused oil and gas drilling rigs, compressor stations, natural gas processing plants, buildings, drilling pads, storage tanks and associated equipment.
(v)
Oil or gas wells, including buildings, drilling rigs, drilling pads, storage tanks and associated equipment are permitted as Conditional Uses in the OSC and B-2 Zoning Districts.
[1]
All oil or gas development buildings shall meet the setback requirements of the zoning district in which the operations are located. All drilling rigs, drilling pads, storage tanks, impoundments and associated limits of disturbance shall be set back 300 feet from any lot line.
(50)
Outdoor Arenas.
[Amended 3-16-2015 by Ord. No. 227; 5-20-2015 by Ord. No. 232; 4-3-2017 by Ord. No. 242]
(f)
Evidence of adequate potable water supply and sanitary sewage disposal for the use in question on the property shall be provided by the applicant.
(g)
The Applicant must obtain Conditional Use approval pursuant to the provisions of this chapter.
(h)
Any additional uses on the lot and all accessory uses shall comply with all additional applicable requirements of this chapter.
(i)
Access shall be to a Collector Street or greater.
(j)
Minimum lot size shall be 40 acres.
(k)
Tracks, seating and other related activity areas except parking shall be setback a minimum of 200 feet of any property line.
(51)
Outdoor Recreation:
[Amended 3-16-2015 by Ord. No. 227; 4-3-2017 by Ord. No. 242]
(e)
A traffic study is required in compliance with § 160-20 if the use will generate traffic that meets the criteria established by PennDOT for a low volume driveway or greater.
(f)
Evidence of adequate potable water supply and sanitary sewage disposal for the use in question on the property shall be provided by the applicant.
(g)
The Applicant must obtain Conditional Use approval pursuant to the provisions of this chapter.
(h)
Any additional uses on the lot and all accessory uses shall comply with all additional applicable requirements of this chapter.
(i)
Access shall be to a Collector Street or greater.
(52)
Outdoor shooting range.
[Added 5-20-2015 by Ord. No. 232; amended 4-3-2017 by Ord. No. 242]
(a)
Outdoor shooting ranges shall comply with all standards associated with Outdoor Arena in § 160-12A(50) above.
(b)
Any projectile must remain on the property of the shooting range and shall not create a hazard for anyone. The range must meet current NRA guidelines.
(c)
Each shooter must have a designated station, and only one shooter per station is permitted.
(d)
The shooting range must be at least 150 yards from all property lines and public use right-of-way lines.
(e)
A perimeter of 300 feet around the shooting range must be posted with signs that state, "DANGER, SHOOTING RANGE, KEEP OUT" in a manner and at intervals reasonably likely to come to the attention of any persons approaching that perimeter.
(f)
The single projectile shooting station shall have an overhang so as to prevent the shooter from shooting over the horizon.
(53)
Park and ride facility.
(a)
The minimum lot area shall be two acres.
(b)
A traffic study and land development plan is required.
(c)
A buffer of 50 feet shall be maintained adjacent to any residential use or district.
(d)
All access must be to a collector or greater street.
(e)
Lighting is required and must be approved by the Supervisors.
(f)
All drop-off or pickup areas must be approved by the Supervisors.
(53.A)
Parking garages.
[Added 8-16-2011 by Ord. No. 195]
(a)
Parking garages shall be permitted uses in the B-1 and B-2 Zoning Districts and Master Developments and prohibited in all other districts.
(b)
Parking garages are prohibited as principal uses, and shall only serve the uses to which they are accessory and on the same lot as the principal use.
(c)
Parking garages shall be setback a minimum of the height of the structure, or the minimum setback for a principal structure in the underlying zoning district, whichever is greater.
(d)
Parking garage facades facing any public street shall not have open decks, external lighting or signage. External facades facing any public street shall not be constructed of a single color or texture. Such facades shall consist of a green wall containing vegetation, which vegetation shall also extend a minimum of 25 feet on the adjoining side facades, or a wall constructed in a pattern of colors, textures and/or offsets to interrupt the visual appearance at intervals of at least 100 feet, similarly extending a minimum of 25 feet on the adjoining side facades.
(54.A)
Planned community office parks and shopping centers.
(a)
Planned community office parks and shopping centers are permitted as part of a master development plan within the Resort Development Area Overlay District provided they have direct access to, and a valid highway occupancy permit for, a road or highway controlled by the Pennsylvania Department of Transportation.
(b)
Uses not part of a master plan in the resort development area overlay district must comply with Schedule 1 and the underlying zoning district.
(d)
The following uses are permitted within a planned community office park and shopping center proposed as part of a master development plan: uses permitted in the underlying Zoning District, fraternal, civic or social clubs, cultural facilities, libraries, museums, art galleries, community centers, theaters, indoor recreational facilities, cellular towers, day care facilities, drive-in/drive-through facilities, financial, insurance, real estate, business or personal services, medical clinics, Laundromats, professional offices, repair services (excluding automobile and machinery repair), bus stations, taxi services, retail sales, eating or drinking establishments, and commercial special events.
(57)
(58.A)
Race track.
[Added 4-3-2017 by Ord. No. 242]
(a)
Race tracks shall comply with all standards associated with Outdoor Arenas in § 160-12A(50) above.
(60)
Resort, hotel or motel.
(a)
Minimum lot area for a resort is 25 acres in the OSC and RR Districts; 10 acres in all other districts.
(b)
Minimum lot area for a hotel or motel is 10 acres in OSC and RR Districts; five acres in all other districts.
(c)
No building, activity area or recreational facility shall be erected within 50 feet of a road line or any lot line.
(d)
All off-street parking shall be at least 50 feet from all side or rear lot lines.
(e)
There shall be no more than one guest room for every 5,000 square feet of lot area.
(f)
The use of exterior light facilities and the lighting plan and/or public address system, if any, shall be subject to the expressed criteria set forth in this chapter.
(g)
Resort and hotel amenities may include conference centers, eating and drinking establishments, off-track betting and legal gambling establishments, retail sales, spas, beauty salons, barber shops, indoor and outdoor recreation facilities, health centers, day-care centers, commercial special events, and employee living quarters.
(62)
Retirement facility. Refer to § 160-12A(40), institutional residence requirements.[5]
[5]
Editor's Note: Former Subsection A(63), Water park or amusement park, which immediately followed this subsection, was repealed 5-20-2015 by Ord. No. 232.
(63)
Riding or boarding stable.
(a)
Refer to § 160-12A(3), Agricultural uses.
(b)
A natural buffer of at least 25 feet shall surround the property.
(64)
Rooming or boarding home.
(a)
Refer to § 160-12A(6), Bed-and-breakfast, for additional requirements.
(64.A)
Short-term rentals.
[Added 2-17-2021 by Ord. No. 266]
(a)
The property owner shall possess a current valid Short-Term Rental License issued by the Township in accordance with The Short-Term Rental Ordinance of Paradise Township, contained in Chapter 114 of the Code, as the same may be amended from time to time.
(b)
Sewage disposal meeting the requirements of the Township and PA DEP shall be provided. Occupancy shall be limited by the capacity of the sewage disposal system.
(c)
Short-term rentals shall not be permitted on lots which are nonconforming in minimum area.
(e)
In addition to the other information required by this chapter, the applicant shall provide the following as part of the application for a zoning permit:
[1]
The name, address, telephone number, and email address of the owner of the short-term rental for which the permit is issued. If the Owner does not have a managing agency, agent, or local contact person, then Owner shall provide a twenty-four-hour telephone number. If the owner uses a managing agency, agent, or local contact person, that managing agency, agent or local contact person shall have written authority to accept service of process or other documentation for the owner.
[2]
The name, address, and twenty-four-hour telephone number of the managing agency, agent, or local contact person for the owner of the short-term rental.
[3]
The number of bedrooms and the maximum number of overnight occupants.
[4]
Floor plans for the premises, which shall include but not be limited to, total habitable floor space, bedrooms, bathrooms, and points of entrance/exit.
[5]
If the building is a two-family or multifamily dwelling structure, the total number of dwelling units in the structure and the number of dwelling units being used as a short-term rental.
[6]
A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants.
[7]
Copy of a current Monroe County Hotel Room Excise Tax Certificate and current Pennsylvania Sales and Use Tax License.
[8]
Copy of the current recorded Deed for the Property establishing ownership.
(65)
Single-family dwelling.
(a)
Single-family dwellings not proposed as part of a conservation subdivision shall comply with lot, yard and height restrictions in accordance with Schedule III of this chapter.
(b)
Single-family dwellings proposed as part of a conservation subdivision shall comply with lot, yard and height restrictions in accordance with Schedule IV of this chapter.
(65.A)
Solar energy systems.
[Added 3-15-2011 by Ord. No. 192]
(a)
New solar energy systems, or any upgrade, modification, or structural change that alters the size or placement of an existing solar energy system, shall comply with the provisions of this section.
(b)
A solar energy system shall be a permitted use in any zoning district as an accessory to a principal use herein and subject to specific criteria as set forth below.
(c)
A solar energy system shall be a conditional use in any zoning district as a principal use herein and subject to specific criteria as set forth below.
(d)
A solar energy system may be roof mounted or ground mounted.
(e)
In no instance shall any part of a roof mounted solar energy system extend beyond the edge of the roof.
(f)
The surface of a ground mounted solar energy panel(s), regardless of the mounted angle, shall be calculated as part of the overall lot coverage.
(g)
Ground mounted solar energy systems and associated mechanical equipment shall meet the setback requirements for an accessory structure.
(h)
All ground mounted solar energy mechanical equipment shall be screened from any adjacent property that is used for residential purposes in accordance with § 160-18.
(i)
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. Panels shall be covered by an anti-reflective coating or glass, and a glare study shall be conducted by a qualified professional to demonstrate compliance with this section. Glare from any solar panels directed onto nearby properties in violation of this section shall constitute a public nuisance.
(j)
Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. The applicant shall provide acknowledgement from the Federal Aviation Administration that no such interference will occur.
(k)
No solar energy system shall be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers' and equipment information, warning, or indication of ownership shall be allowed on any equipment of a solar energy system so long as the information is not visible from off the property.
(l)
Solar energy systems require a Certificate of Habitability in accordance with § 160-26D of this chapter.
(m)
If a ground mounted solar energy system is removed, any earth disturbance as a result of the removal shall be graded and reseeded.
(n)
If a ground mounted solar energy system is defective or is deemed to be unsafe by the Building Code Official, the solar energy system shall be repaired by the owner to meet the then current federal, state and local safety standards. Alternatively, the solar energy system shall be removed by the property owner within the time period allowed by the Building Code Official. If the owner fails to remove or repair the defective or abandoned solar energy system, the Township may pursue a legal action to have the system removed at the owner's expense.
(66)
Special event, temporary: commercial or nonprofit.
(a)
A zoning and certificate of use and occupancy permits are required.
(b)
Refer to § 160-12A(25) or (26).
(c)
No such use or activity shall be considered grandfathered.
(67)
Surface mining.
(a)
Submissions to Pennsylvania Department of Environmental Protection. The applicant shall present a duplicate set of the plans, specifications, applications and any other supporting data that has been or was presented to PADEP for its review in issuing mining permits.
(b)
Compliance with State and Federal Law. The applicant shall comply with all applicable state and federal laws, including but not limited to the following:
[1]
The Act of June 22, 1937, P.L. 1987, as amended, known and referred to as the "Clean Streams Law."
[2]
The Act of January 8, 1960, P.L. 2119, as amended, known and referred to as the "Air Pollution Control Act."
[3]
The Act of November 26, 1978, P.L. 1375, as amended, known and referred to as the "Dam Safety and Encroachments Act."
[4]
The Act of July 7, 1980, P.L. 380, known and referred to as the "Solid Waste Management Act."
[5]
The Act of December 19, 1984, P.L. 1093, known and referred to as the "Noncoal Surface Mining Conservation and Reclamation Act."
[6]
National Pollution Discharge Elimination System permits or requirements as outlined under 40 CFR Protection of Environment.
[7]
Mine Safety and Health Administration requirements as outlined under 30 CFR - Mineral Resources.
(c)
Minimum lot size. The minimum lot size for a surface mining operation shall be 50 acres.
(d)
Minimum setback requirements. The following minimum setbacks shall be maintained between the regulated activity or use and all property lines and public rights-of-way:
[1]
Excavations for surface mining operations shall be set back a minimum of 200 feet from all property lines and public road rights-of-way and 300 feet from all zoning district boundaries, existing residences, wetlands and stream banks.
[2]
All structures shall be set back a minimum distance equal to the height of such structures unless a greater distance is required by other municipal, state or federal regulations.
[3]
Surface mining operations, including stockpiles, shall not be conducted within 200 feet of any property line, existing public right-of-way, park, cemetery, wetland or bank of any stream.
[4]
Structures used for the processing of quarried material and all parking, loading and unloading areas shall be set back a minimum of 200 feet from all property lines, road right-of-way lines, wetlands and stream banks.
(e)
Setback areas and setback standards.
[1]
Within the minimum setback areas, a perimeter landscaping shall be established and maintained for a minimum width of 150 feet. Such landscaping shall consist of hybrid poplars (or their equivalent) on eight-foot spacing's with an inner planting of evergreens also spaced at eight-foot intervals but with each evergreen planting being centered between each planting of hybrid poplar. Any dead trees shall be replaced within one growing season.
[2]
Fencing. Chain link fencing and gates shall be erected around all surface mining excavation areas. Such fencing and gates shall have a minimum height of eight feet and shall be located not less than 50 feet from the property line or street right-of-way. Such fence shall be of such construction so as to prevent the unauthorized entry of any persons onto the tract. Such fence shall be screened from view by a vegetative screen which shall provide year-round screening of the operation from view by any person on neighboring property or traveling on any public streets or roadways adjacent to the proposed operation. Signs shall be placed appropriately on the perimeter of the fence so as to provide a warning of mining activity. The Board of Supervisors may require that opaque-type fencing be installed where residential or other uses abut the mining property.
(f)
Monumenting. The owner/operator shall construct monuments conforming to the requirements of the Paradise Township Subdivision and Land Development Ordinance (Chapter 131) along all setback areas in such a manner as to be clearly visible upon inspection. Said monuments shall be permanently installed and surveyed by a registered surveyor. A legal description and plot plan shall be submitted to the Township, sealed by a registered surveyor.
[Amended 10-21-2008 by Ord. No. 167]
(g)
Maximum height. The maximum height for buildings, structures or equipment shall not exceed 35 feet. Said height shall be measured from the original surface level, prior to any excavation and shall not prevent taller structures, buildings or equipment from being located within mined or excavated areas, so long as the permitted height above the original surface is not exceeded. Stockpiles shall not exceed 50 feet in height above the original grade prior to any site grading, surfacing mining or development.
(h)
Erosion and sedimentation pollution control plan. The applicant shall prepare an erosion and sediment pollution control plan, which has been approved by the Monroe County Conservation District and any other agency with jurisdiction and which is acceptable to the Board of Supervisors.
(i)
Stormwater drainage plan. The applicant shall present an approved stormwater drainage site plan consistent with the Paradise Township Stormwater Management and Earth Disturbance Ordinance (Chapter 123, Stormwater Management).
(j)
Traffic. A traffic impact study shall be completed in accordance with the requirements of § 160-20.
(k)
Accessory uses. The following uses shall be permitted as conditional accessories to a lawful surface mining operation:
[1]
Retail and wholesale sales of stone excavated on site.
[2]
Manufacture of stone-related products from material excavated on site, not including products made from or with asphalt, cement or concrete.
[3]
The storage and minor maintenance of vehicles and equipment necessary to the internal extraction operation.
[4]
Offices for the surface mining operation.
(68)
Tavern, nightclub or dance hall.
(a)
All requirements for an eating or drinking establishment apply.
(69)
Taxi service. Refer to § 160-12A(7), Bus station.
(69.A)
Timber Harvesting. This section shall apply to all timber harvesting, tree harvesting or logging operations performed in the Township.
[Amended 8-21-2017 by Ord. No. 248; 11-6-2019 by Ord. No. 262]
(a)
A logging plan shall be prepared by a Professional Forester for each regulated timber harvesting operation within the Township. No timber harvesting shall occur until the logging plan is reviewed and approved by the Zoning Officer. The logging plan shall be provided a minimum of 20 business days prior to commencement of operations. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map set forth in subparagraphs (c) and (d) below, provided all the information required by those subparagraphs is included or attached.
(b)
The owner/operator shall provide written notification to the Zoning Officer that activities are ending a minimum of 10 business days before the operation is complete.
(c)
At a minimum the logging plan submission shall include the following:
[1]
Design, construction, maintenance and retirement of the access system, including skid roads, skid trails, and landings. Skid roads, skid trails, and landings used in timbering operations are not deemed "Haul Roads" for the purpose interpreting this Ordinance.
[2]
Design, construction and maintenance of stormwater control measures and structures, such as culverts, broad-based dips, filter strips and water bars.
[3]
Design, construction and maintenance of stream and wetland crossings.
[4]
The general location of the proposed operation in relation to Township Streets.
[5]
A description of the project location, including total area of earth disturbance.
[6]
A copy of the written Erosion and Sediment Control Plan applicable to the proposed timber harvesting operation.
[7]
A timber harvesting permit fee as set by resolution of the Board of Supervisors.
[8]
A map showing the site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property. The map shall also show the location of any/all riparian buffers (including the watercourses, wetlands and/or floodplains contained therein), steep slopes, and moderate slopes within the logging operation area. The map shall also show the location of all earth disturbance activities such as roads, water/wetland crossings, landings and water control measures and structures.
(d)
Outside agency requirements.
[1]
The logging plan shall address and comply with the requirements of all applicable federal, state and outside agency requirements/regulations, including but not limited to the following.
[a]
Erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean Streams Law (35 P.S. § 691.1 et seq.); and
[b]
Stream crossing and wetlands protection regulation contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq).
[2]
Any permits or approvals required by any/all outside agencies shall be attached to and become part of the logging plan.
(e)
General operation requirements applicable to all timber harvesting operations in the Township:
[1]
If clear cutting of any tract is proposed, the logging plan shall describe the best forestry practice(s) that supports this activity, including the species to be clear cut and the area of clear cut.
[2]
Felling or skidding on or across any street owned or controlled by the Township or PennDOT is prohibited without the express consent of the Township or PennDOT, whichever is responsible for the maintenance of the street.
[3]
No tops or slash shall be left within 25 feet of any public street, private street, or adjoining property. All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property, or within 50 feet of adjoining residential property shall be lopped to a minimum height of four feet above the surface of the ground.
[4]
Unless waived in writing by owners of adjacent properties, a twenty-five-foot buffer zone shall be maintained between the cutting site and the property boundaries, and between the cutting site and the legal right-of-way of all public and private roads. No tracked or wheeled machinery shall be operated within this buffer zone.
[5]
Timber harvesting and related activity covered by an approved logging plan shall be conducted only between the hours of 7:00 a.m. and 6:00 p.m. Operation during other hours is prohibited.
[6]
No timber shall be transported upon any Township street from March 15 through May 15 of any year.
[7]
No temporary or permanent living quarters for workmen shall be placed upon the worksite, or upon neighboring properties.
[8]
After a road opening has been established, no loading or unloading of vehicles, equipment, or timber may take place upon any Township or PennDOT controlled street.
[9]
All soil washed or carried on to public streets during the tree harvesting operations shall be cleaned up each day.
[10]
Trash and litter resulting from any logging operation shall be cleaned up and removed from the site before it is vacated by the operator. All reseeding shall be done with approved native species.
(f)
Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and operator shall be jointly and severally liable for repairing any damage to Township streets and bridges caused by traffic associated with the timber harvesting operation to the extent that it causes damage in excess of that caused by normal traffic, regardless of the amount of any bond. The landowner and operator (permit holder) may be required to furnish a bond to guarantee the repair of such damages in accordance with Article III of Chapter 142 (Vehicles and Traffic), §§ 142-27 through 142-30.
(g)
Notwithstanding anything to the contrary in the Paradise Township Code of Ordinances, it is specifically the intent of this Ordinance that the provisions relating to timber harvesting be interpreted solely within the terms set forth in Chapter 1 (Definitions) and § 160-12A(69.A) (Timber Harvesting), and no other provisions of Chapter 123 (Stormwater Management); Chapter 131 (Subdivision and Land Development); and Chapter 160 (Zoning) shall apply unless specifically incorporated within the provisions of § 160-12A(69.A).
(70)
Two-family dwelling.
(a)
Minimum lot size for a two-family dwelling not proposed as part of a conservation subdivision shall be 175% of the area required in the underlying Zoning District and shall comply with the yard and height restrictions of Schedule III.
(b)
Two-family dwellings proposed as part of a conservation subdivision shall comply with lot, yard and height restrictions in accordance with Schedule IV of this chapter.
(71)
Veterinary or animal hospital. Refer to § 160-12A(42) for kennel/animal hospital requirements.
(72)
Warehouse/self-storage facility.
(a)
All material must be stored within a building.
(b)
A screening plan is required.
(c)
Each unit shall have separate ingress and egress and be secured by a locking device.
(d)
Outdoor storage shall be limited to recreational vehicles, campers and boats on trailers parked on a dustless, durable surface.
(e)
All such items must be licensed and inspected (if applicable) and in operable condition.
(f)
Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal carcasses or skins or similar items shall not be stored.
(g)
Nothing shall be stored in interior traffic aisles, off-street parking areas, loading areas or driveway areas.
(h)
Servicing or repairing of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted.
(73)
(Reserved)
(74)
Wild game/hunting preserve. Refer to § 160-12A(3) Agricultural uses.
(75)
Zoological parks:
[Amended 3-15-2011 by Ord. No. 191]
(a)
Property owner shall provide evidence of a current permit issued by the Pennsylvania Game Commission — State Wildlife Management Agency.
(b)
Owner and operators shall provide plans for adequate housing, care, treatment, feeding and sanitation of all wild animals.
(c)
Owners and operators are prohibited from releasing any wild animal not native to the Commonwealth of Pennsylvania back into the wild.
(d)
Minimum lot size for a zoological park is 100 acres.
(e)
Minimum setback for all pens, cages, housing and treatment facilities shall be a minimum of 200 feet.
§ 160-12-A Wireless communications facilities.
[Added 2-17-2021 by Ord. No. 265]
A.
General and Specific Requirements for Non-Tower Wireless Communications Facilities.
(1)
The following regulations shall apply to all Non-Tower WCF:
(a)
Permitted in all zones subject to regulations. Non-Tower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to generally applicable permitting by the Township.
(b)
Building permit required. WCF Applicants proposing the Collocation of a Non-Tower WCF that does not Substantially Change the physical dimensions of the Wireless Support Structure to which they are attached shall obtain a building permit from the Township Building Code Official. In order to be considered for such permit, the WCF Applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.
(c)
Nonconforming Wireless Support Structures. Non-Tower WCF shall be permitted to collocate upon nonconforming Tower-Based WCF and other nonconforming structures. Collocation of WCF upon existing Tower-Based WCF is encouraged even if the Tower-Based WCF is nonconforming as to use within a zoning district.
(d)
Standard of care. Any Non-Tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any Person or any property in the Township.
(e)
Wind and ice. All Non-Tower WCF shall be designed and constructed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
(f)
Aviation safety. Non-Tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(g)
Public safety communications. Non-Tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(h)
Radio frequency emissions. A Non-Tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(i)
Removal. In the event that use of a Non-Tower WCF is 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 WCF, or portions of WCF, shall be removed as follows:
[1]
All abandoned or unused WCFs and Accessory Equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.
[2]
If the WCF or Accessory Equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(j)
Financial security. Prior to receipt of a building or zoning permit for the construction or placement of a Non-Tower WCF, the WCF Applicant shall provide to the Township financial security sufficient to guarantee the removal of the Non-Tower WCF. Said financial security shall remain in place until the Non-Tower.
(k)
Insurance. Each Person that owns or operates a Non-Tower WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the Non-Tower WCF.
(l)
Indemnification. Each Person that owns or operates a Non-Tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the Non-Tower WCF. Each Person that owns or operates a Non-Tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a Non-Tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, settlements, losses, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. Such indemnification shall be agreed to by the WCF Applicant as part of the WCF Applicant's conditional use application.
(m)
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[1]
The Non-Tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or Emergency repair.
[2]
Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.
[3]
All maintenance activities shall conform to industry maintenance standards.
[4]
Any Non-Tower WCF shall be repainted at five-year intervals from the date of construction. If such repainting is not necessary, the WCF owner or operator shall provide certification to the Township that such repainting is not necessary. Such certification shall be confirmed by the Township upon receipt.
(n)
Timing of approval.
[1]
Within 90 days of receipt of a complete application for a Non-Tower WCF on a preexisting Wireless Support Structure that Substantially Changes the Wireless Support Structure to which it is attached, the Township Board of Supervisors shall make a final decision on whether to approve the application and shall notify the WCF Applicant in writing of such decision.
[2]
Within 60 days of receipt of a complete application for a Non-Tower WCF on a preexisting Wireless Support Structure that does not Substantially Change the Wireless Support Structure to which it is attached, the Township Building Code Official shall make a final decision on the application. All applications for such WCF shall designate that the proposed WCF meets the requirements of an Eligible Facilities Request.
(2)
In addition to the requirements in § 160-12-AA(1) above, the following regulations shall apply to all Non-Tower WCF that Substantially Change the Wireless Support Structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:
(a)
Non-commercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and Antennae for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 160-12-AA.
(b)
Prohibited on certain structures. No Non-Tower WCF shall be located on single-family detached residences, single-family attached residences, semi-detached residences, duplexes, or any residential accessory structure.
(c)
Conditional use authorization required. Any WCF Applicant proposing the construction of a new Non-Tower WCF that does not fall under the WBCA, or constitute a Modification of an existing Non-Tower WCF, shall first obtain conditional use approval from the Township Board of Supervisors. The Conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Paradise Township Zoning Ordinance.
(d)
Historic buildings. No Non-Tower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is included in the official historic structures list maintained by the Township.
(e)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a Non-Tower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Township Fee Schedule and shall comply with the applicable requirements of the FCC.
(f)
Development regulations. Non-Tower WCF shall be Collocated on existing structures, such as existing buildings or Tower-Based WCF, subject to the following conditions:
[1]
The total height of any Wireless Support Structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
[2]
In accordance with industry standards, all Non-Tower WCF Applicants must submit documentation to the Township justifying the total height of the WCF.
[3]
If the WCF Applicant proposes to locate the Accessory Equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[4]
A security fence not to exceed eight feet in height shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(g)
Design regulations. Non-Tower WCF shall employ Camouflaging and be treated to match the Wireless Support Structure in order to minimize aesthetic impact. The application of the Camouflaging utilized by the WCF Applicant shall be subject to the approval of the Township.
(h)
Removal, replacement and substantial change.
[1]
The removal and Replacement of Non-Tower WCF and/or Accessory Equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not Substantially Change the overall height of the WCF or increase the number of Antennae.
[2]
Any Substantial Change to a Non-Tower WCF shall require notice to be provided to the Township Building Code Official, and possible supplemental permit approval as determined by the Township Building Code Official.
(i)
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(3)
Regulations Applicable to all Non-Tower WCF located in the Public Rights-of-Way. In addition to the applicable Non-Tower WCF provisions listed in this § 160-12-A, the following regulations shall apply to Non-Tower WCF located in the public Rights-of-Way:
(a)
Location. Non-Tower WCF in the ROW shall be collocated on existing Wireless Support Structures.
(b)
Design requirements:
[1]
WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[2]
Antenna and Accessory Equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
[3]
Except in the case of Collocations, no Non-Tower WCF shall be located within 500 feet of any existing WCF to the extent technically feasible. If a Non-Tower WCF is proposed for location within 500 feet of an existing WCF, the WCF Applicant shall present documentation to the Township Board of Supervisors justifying the necessity of such location.
(c)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Non-Tower WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(d)
Equipment location. Accessory Equipment that is not located on the Wireless Support Structure shall be located underground or, if undergrounding is demonstrated to be unfeasible, 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 Board of Supervisors. In addition:
[1]
In no case shall Accessory Equipment that is not located on the Wireless Support Structure be located within 18 inches of the face of the curb, within four feet of the edge of the cart way, or within an easement extending onto a privately-owned lot;
[2]
Accessory Equipment that is not located on the Wireless Support Structure that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township Board of Supervisors. Accessory Equipment that is not located on the Wireless Support Structure shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted Accessory Equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls or enclosures to the satisfaction of the Township Board of Supervisors. Screening shall not cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township Board of Supervisors.
[3]
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township Board of Supervisors. The WCF owner shall be solely responsible for this requirement.
[4]
Any graffiti on any Accessory Equipment shall be removed within 30 days upon notification by the Township at the sole expense of the owner.
[5]
Any proposed underground vault related to Non-Tower WCF shall be reviewed and approved by the Township Board of Supervisors.
[6]
Accessory equipment attached to the Wireless Support Structure shall have a minimum of eight feet of vertical clearance above finished grade.
(e)
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of a Non-Tower WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Non-Tower WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any Township or other public improvement in the Right-of-Way;
[2]
The operations of the Township or other governmental entity in the Right-of-Way;
[3]
Vacation of a street or road or the release of a utility easement; or
[4]
An Emergency as determined by the Township.
(f)
Reimbursement for ROW Use. In addition to permit fees as described in this section, every Non-Tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each Non-Tower WCF 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.
B.
The following regulations shall apply to all tower-based wireless communications.
(1)
Standard of care. Any Tower-Based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any Tower-Based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any Person or any property in the Township.
(2)
Conditional use authorization required. Tower-Based WCFs are permitted by Conditional use and at a height necessary to satisfy their function in the WCF Applicant's wireless communications system, subject to the requirements of this § 160-12-AB(2).
(a)
Upon submission of an application for a Tower-Based WCF and the scheduling of the public hearing upon the application, the WCF Applicant shall send via First Class Mail notice to all owners of every property within 300 feet of the proposed facility, advising of the subject matter and date of such hearing. The WCF Applicant shall provide proof of the notification to the Township Board of Supervisors along with the list of return receipts received.
(b)
Prior to the Board of Supervisors' approval of a Conditional use authorizing the construction and installation of Tower-Based WCF, it shall be incumbent upon the WCF Applicant for such Conditional use approval to prove to the reasonable satisfaction of the Board that the WCF Applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, Antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF Applicant shall further demonstrate that the proposed Tower-Based WCF must be located where it is proposed in order to serve the WCF Applicant's service area and that no other viable, less-intrusive alternative location exists. This test is also met when the WCF Applicant demonstrates that the WCF is being proposed to density an existing wireless network, introduce new services or otherwise improve service capabilities.
(c)
The Conditional use application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF Applicant, the power in watts at which the WCF Applicant transmits, and any relevant related tests conducted by the WCF Applicant in determining the need for the proposed site and installation.
(d)
The Conditional use application shall also be accompanied by documentation demonstrating that the proposed Tower-Based WCF complies with all state and federal laws and regulations concerning aviation safety.
(e)
Where the Tower-Based WCF is located on a property that is not owned by the WCF Applicant, the WCF Applicant shall present documentation to the Board that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
(f)
Engineer inspection. Prior to the Township Building Code Official's issuance of a zoning permit authorizing construction and erection of a Tower-Based WCF, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional use hearings or, at the option of the Board of Supervisors, be a condition of any conditional use approval given that such certification be provided prior to issuance of any building permits.
(g)
Collocation and siting. An application for a new Tower-Based WCF shall demonstrate that the proposed Tower-Based WCF cannot be accommodated on an existing or approved structure or building. The Board may deny an application to construct a new Tower-Based WCF if the WCF Applicant has not made a good faith effort to mount the Antenna(s) on an existing structure. The WCF Applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 mile radius of the site proposed, sought permission to install an Antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[1]
The proposed Antenna and Accessory Equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed Antenna and Accessory Equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached, with the owner of such building, structure, or tower.
(h)
The Conditional use application shall also be accompanied by documentation demonstrating that the proposed Tower-Based WCF complies with all applicable provisions of this chapter.
(3)
Wind and ice. Any Tower-Based WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering department of the Telecommunications Industry Association (ANSI/TIA-222, as amended).
(4)
Public safety communications. No Tower-Based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(5)
Maintenance. The following maintenance requirements shall apply:
(a)
Any Tower-Based WCF 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 WCF in order to promote the safety and security of the Township's residents and utilize industry standard technology for preventing failures and accidents.
(c)
Any Tower-Based WCF shall be repainted at five-year intervals from the date of construction. If such repainting is not necessary, the WCF owner or operator shall provide certification to the Township that such repainting is not necessary. Such certification shall be confirmed by the Township within five business days after receipt.
(6)
Radio frequency emissions. A Tower-Based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Secretary on an annual basis.
(7)
Historic buildings. No Tower-Based WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is included in the official historic structures list maintained by the Township.
(8)
Signs. All Tower-Based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an Emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(9)
Lighting. No Tower-Based WCF shall be artificially illuminated, except as required by law. If lighting is required, the WCF Applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Such lighting shall be actively illuminated to the extent required by the FAA. The WCF Applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
(10)
Noise. Tower-Based WCF 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. Any backup generator installed as part of the Tower-Based WCF shall utilize a muter, silencer, or other technology for the minimization of noise. Such muter, silencer, or other technology shall be subject to the approval of the Township Board of Supervisors as part of the conditional use application.
(11)
Timing of approval. Within 30 calendar days of the date that an application for a Tower-Based WCF is filed with the Township Building Code Official, the Township shall notify the WCF Applicant in writing of any information that may be required to complete such application. All applications for Tower-Based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such Tower-Based WCF and the Township Board of Supervisors shall advise the WCF Applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF Applicant to provide the information shall not be counted toward the 150-day review period.
(12)
Nonconforming uses. Nonconforming Tower-Based WCF 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. The Collocation of Antennae is permitted on nonconforming structures.
(13)
Removal. In the event that use of a Tower-Based WCF 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 WCF or portions of WCF shall be removed as follows:
(a)
All unused or abandoned Tower-Based WCFs and Accessory Equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or Accessory Equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(c)
Any unused portions of Tower-Based WCF, including Antennae, shall be removed within 90 days of the time of cessation of operations. The Township must approve all Replacements of portions of a Tower-Based WCF previously removed.
(14)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a Tower-Based WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Township fee schedule and shall comply with the applicable requirements of the FCC.
(15)
Insurance. Each Person that owns or operates a Tower-Based WCF shall provide the Township Building Code Official with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the Tower-Based WCF.
(16)
Indemnification. Each Person that owns or operates a Tower-Based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the Tower-Based WCF. Each Person that owns or operates a Tower-Based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of Tower-Based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, settlements, losses, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(17)
Engineer signature. All plans and drawings for a Tower-Based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(18)
Development regulations.
(a)
As a first priority, new Tower-Based WCFs shall be of a monopole design. If a monopole design is not technically feasible, then a lattice or other design may be permitted, subject to the WCF Applicant showing to the satisfaction of the Township Board of Supervisors that such design is necessary for the provision of wireless service in the Township.
(b)
Tower-Based WCF shall not be located in, or within 50 feet of an area in which utilities are primarily located underground, unless the WCF Applicant proves to the satisfaction of the Township that installing its facility in such a location is necessary to provide Wireless service and that no other feasible alternative exists.
(d)
Sole use on a lot. A Tower-Based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district. The minimum distance between the base of a Tower-Based WCF and any adjoining property line or street Right-of-Way line shall equal 110% of the proposed WCF structure's height, unless the Applicant shows to the satisfaction of the Township Board of Supervisors that the proposed Tower-Based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
(e)
Combined with another use. A Tower-Based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[1]
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.
[2]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the Tower-Based WCF and guy wires, the equipment building, security fence, and buffer planting.
[3]
Minimum setbacks. The minimum distance between the base of a Tower-Based WCF and any adjoining property line or street Right-of-Way line shall equal 110% of the proposed height of the Tower-Based WCF, unless the Applicant shows to the satisfaction of the Township Board of Supervisors that the proposed Tower-Based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
(19)
Design regulations.
(a)
Height. Tower-Based WCFs shall be designed and kept at the minimum functional height. The maximum total height of a Tower-Based WCF, which is not located in the public ROW, shall not exceed the maximum building height allowed in each zoning district, as measured vertically from the ground level to the highest point on the structure, including Antennae and subsequent alterations. No WCF Applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF Applicant shall demonstrate that the Tower-Based WCF is the minimum height necessary for the service area.
(b)
Visual appearance and land use compatibility. Tower-Based WCF shall employ Camouflaging which may include the tower portion to be painted brown or another color approved by the Board of Supervisors or shall have a galvanized finish. All Tower-Based WCF and Accessory Equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Board of Supervisors shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(c)
Any proposed Tower-Based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF Applicant's Antennae and comparable Antennae for future users.
(d)
Any Tower-Based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(20)
Surrounding environs.
(a)
The WCF Applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b)
The WCF Applicant shall submit a soil report to the Township Board of Supervisors complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the Tower-Based WCF, and anchors for guy wires, if used.
(21)
Fence/screen.
(a)
A security fence having a height not to exceed eight feet shall completely surround any Tower-Based WCF located outside the Public Rights-of-Way, as well as guy wires, or any building housing WCF equipment.
(b)
A screen of evergreen trees planted eight feet on center, each at least four feet in height, shall surround the Tower-Based WCF and security fence. Existing vegetation shall be preserved to the maximum extent possible.
(22)
Accessory equipment.
(a)
Ground-mounted Accessory Equipment associated or connected with a Tower-Based WCF shall not be located within 50 feet of a lot in residential use.
(b)
Accessory Equipment associated, or connected, with a Tower-Based WCF shall be placed underground or screened from public view using Camouflaging. All ground-mounted Accessory Equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(c)
Accessory equipment. One single-story wireless communications equipment building not exceeding 500 square feet in area for each unrelated company sharing commercial communications Antenna(e) space on the Tower-Based WCF outside of the public ROW shall be permitted.
(d)
A dry chemical fire suppression system shall be required for any Accessory Equipment building or cabinet containing electrical components.
(23)
Additional antennae. As a condition of approval for all Tower-Based WCF, the WCF Applicant shall provide the Township Board of Supervisors with a written commitment that it will allow other service providers to collocate Antennae on Tower-Based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a Tower-Based WCF shall not install any additional Antennae without obtaining the prior written approval of the Township Building Code Official.
(24)
FCC license. Each Person that owns or operates a Tower-Based WCF shall submit a copy of its current FCC license, including the name, address, and Emergency telephone number for the operator of the facility.
(25)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate Emergency and service access to Tower-Based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF Applicant shall present documentation to the Township that the property owner has granted an easement or other property right for the proposed facility. If necessary, the WCF Applicant shall obtain a Driveway/Local Road Permit from PennDOT.
(26)
Parking. For each Tower-Based WCF, there shall be one off-street parking space.
(27)
Inspection. The Township reserves the right to inspect any Tower-Based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
C.
Regulations applicable to all small wireless communications facilities. The following regulations shall apply to Small Wireless Communications Facilities:
(1)
Location and development standards.
(a)
Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this § 160-12-AC.
(b)
Small WCF in the public ROW requiring the installation of a new Wireless Support Structure shall not be located in front of any building entrance or exit.
(c)
All Small WCF shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.
(d)
Small WCFs shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines in an unsafe manner.
(2)
Small WCF application requirements. All applications for a Small WCF shall be submitted to the Township Zoning Officer and shall include the following information:
(a)
Construction drawings signed and sealed by an engineer licensed in the Commonwealth of Pennsylvania and shall include the following:
[1]
The type and dimensions of all equipment associated with the Small WCF;
[2]
The location of the proposed Small WCF, including both longitude and latitude and street address;
[3]
Before and after drawings or simulations of the support structure showing the proposed equipment locations and dimensional change;
[4]
The location of the nearest ingress and egress points of any nearby structures, if applicable;
[5]
ROW lines; and
[6]
The location of any ground-mounted Accessory equipment.
(b)
If the Small WCF is proposed for attachment to a Wireless Support Structure that is owned by a party other than the WCF Applicant, proof that the WCF Applicant has obtained permission from such party to attach the Small WCF to the Wireless Support Structure;
(e)
The name, address, and telephone number of the person preparing the application;
(f)
Certification of compliance with applicable safety codes and the radiofrequency emissions standards promulgated by the FCC;
(g)
Pedestrian and worker safety and traffic control plans; and
(h)
Statement prepared and signed by an engineer licensed in the Commonwealth of Pennsylvania certifying that the proposed Small WCF is structurally sound.
(3)
Small WCF design requirements. All Small WCFs shall comply with the following design requirements, as applicable.
(a)
All Small WCFs shall comply with the Americans with Disabilities Act guidelines adopted by the Township and all applicable requirements relating to streets and sidewalks as established by Chapter 127 of the Township Code of Ordinances.
(b)
All Small WCFs shall comply with applicable federal and state standards regarding pedestrian access and movement.
(c)
All Small WCFs shall be designed and constructed in an effort to minimize aesthetic impact to the extent technically feasible.
(d)
All Small WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
(e)
All Small WCFs shall post a sign in a readily visible location identifying the owner's permit number and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted shall be that required by the FCC or any other federal or state agency.
(f)
Antenna standards.
[1]
Any Antenna associated with a Small WCF shall not exceed three cubic feet in volume.
[2]
All pole-top Antennas shall be flush-mounted as closely to the top of the utility pole as technically feasible.
[3]
All Antennas shall be of a design, style, and color that reasonably matches the utility pole upon which they are attached.
[4]
Any necessary pole-top extension shall be of the minimum height necessary to achieve separation from the existing pole attachments.
[5]
Any Antenna mounted on a lateral standoff bracket shall protrude no more than necessary to meet clearances.
[6]
If mounted on an existing structure, no Antenna shall impair the function of said structure.
[7]
Antenna placement shall not impair light, air, or views from adjacent windows.
(g)
Accessory equipment standards.
[1]
Accessory Equipment shall not exceed 28 cubic feet in volume. Camouflaging shall not be included in the Accessory Equipment volume calculation.
[2]
Accessory Equipment shall be mounted flush to the side of a utility pole, or as near flush to the side of a utility pole as technically feasible.
[3]
Accessory Equipment shall be mounted so as to provide a minimum of eight feet vertical clearance from ground level.
[4]
Accessory Equipment shall be of a color that reasonably matches the Wireless Support Structure upon which such Accessory Equipment is mounted.
[5]
All Accessory Equipment shall be contained within a single equipment shroud or cabinet.
[6]
Accessory Equipment placement shall not impair light, air, or views from adjacent windows.
[7]
No Accessory Equipment shall feature any lighting, including flashing indicator lights, unless required by state or federal law.
(h)
Wiring standards.
[1]
Exposed wiring on Decorative Poles is prohibited.
[2]
Transmission, fiber, power cables and any other wiring shall be contained within any Wireless Support Structure for which such concealment is technically feasible. If wiring cannot be contained within the Wireless Support Structure, all wiring shall be contained within conduit or U-guard that is flush-mounted to the utility pole.
[3]
All wiring shall be installed without excessive slack or extra cable storage on the Wireless Support Structure.
[4]
Any conduit or U-guard shall be of a color that reasonably matches the Wireless Support Structure to which the Small Wireless Communications Facility is attached.
[5]
Loops of extra wiring shall not be attached to any Wireless Support Structure.
(i)
Pole standards.
[1]
Replacement poles.
[a]
The maximum height of any proposed replacement utility pole shall be: 1) no more than 10% taller than the tallest existing utility pole in the public rights-of-way within a 250-foot radius of the proposed Small Wireless Communications Facility; or 2) 50 feet above ground level, whichever is greater.
[b]
Any replacement utility pole shall be of comparable materials and design to the existing utility pole.
[c]
Any replacement utility pole shall be placed within five feet of the existing utility pole being replaced.
[d]
Any replacement utility pole shall be designed to accommodate all uses that existed on the existing utility pole prior to replacement. As part of an application for a Small WCF, the applicant shall provide documentation from a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the replacement utility pole, Small WCF, and prior existing uses shall be structurally sound.
[e]
Any replacement utility pole shall not deviate from the predominant pattern of existing adjacent structures.
[2]
New poles.
[a]
The maximum height of any new utility pole shall be: 1) no more than 10% taller than the tallest existing utility pole in the public rights-of-way within a 250-foot radius of the proposed Small WCF; or 2) 50 feet above ground level, whichever is greater.
[b]
Any new utility pole shall be installed in accordance with the predominant pattern of existing adjacent structures.
[c]
To the extent technically feasible, no new utility pole shall be installed:
[e]
For any replacement Decorative Pole, the new Decorative Pole shall match the existing Decorative Pole in shape, design, color, and material.
[f]
Any requests for relief from any of the design requirements established in this § 160-12-A, Subsection C, shall be considered on a case-by-case basis by the Township Zoning Officer and shall be approved upon a determination by the Township Zoning Officer that such relief is necessary to prevent the effective prohibition of wireless service pursuant to the Rules of the Federal Communications Commission.
[g]
A record of Prior Approved Designs shall be kept on file at the Township Zoning Office.
(4)
Nonconforming wireless support structures. Small WCF shall be permitted to collocate upon nonconforming Tower-Based WCF and other nonconforming structures. Collocation of WCF upon existing Tower-Based WCF is encouraged even if the Tower-Based WCF is nonconforming as to use within a zoning district.
(5)
Standard of care. Any Small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any Person or any property in the Township.
(6)
Notice required. If the WCF Applicant is proposing a Small WCF requiring the installation of a new Wireless Support Structure, the WCF Applicant shall post notice of its submitted permit application at the site of the proposed new Wireless Support Structure in accordance with the requirements of the Township Code. Such notice shall be posted within 10 days of submission of an application for a Small WCF and shall remain in place until the beginning of construction of the Small WCF.
(7)
Aviation safety. Small WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(8)
Public safety communications. Small WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(9)
Radio frequency emissions. A Small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(10)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(11)
Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.
(12)
Graffiti. Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the Township.
(13)
Timing of approval.
(a)
Within 60 days of receipt of a complete application for Collocation of a Small WCF on a preexisting Wireless Support Structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF Applicant in writing of such decision.
(b)
Within 90 days of receipt of an application for a Small WCF requiring the installation of a new Wireless Support Structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF Applicant in writing of such decision.
(c)
Within 10 days of receipt of an application for a Small WCF, the Township Zoning Officer shall notify the WCF Applicant in writing of any additional information required to complete the application. Such notice shall toll the applicable shot clock in accordance with the tolling requirements established by the FCC.
(14)
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a Small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(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.
(15)
Insurance. Each Person that owns or operates a Small WCF shall provide the Township Building Code Official with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the Small WCF.
(16)
Indemnification. Each Person that owns or operates a Small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the Small WCF. Each Person that owns or operates a Small WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of Small WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, settlements, losses, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(17)
Reimbursement for ROW use. In addition to permit fees as described in this section, every Small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each Small WCF 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.