Schuylkill Township
City Zoning Code
City Zoning Code
ARTICLE XX
Special Exception and Conditional Use Standards
§ 370-139 Applicability.
A.
Purpose. This chapter has established a list of land uses that possess characteristics that may result in adverse effects on adjoining properties if not properly controlled and regulated. The purpose of this article is to list the specific and general standards, controls, and guidelines that the Township will use to regulate these land uses.
B.
Control of potential adverse effects. The Zoning Hearing Board or Township Supervisors are empowered to allow certain land uses, permitted in this chapter by special exception or conditional use, contingent upon certain safeguards, standards and conditions that are intended to limit potential adverse effects from such land uses. These standards shall supersede any standard or regulation contained elsewhere in this chapter, and shall be regarded as conditions that are necessary for the approval of any special exception or conditional use.
C.
Compliance with special standards. The applicant shall demonstrate compliance with the standards established in this and other articles and must furnish evidence as may be necessary to demonstrate such compliance. The burden of proof shall rest with the applicant, and the Zoning Hearing Board or Township Supervisors may reject any purported evidence or proof offered in support of an application if the Zoning Hearing Board or Township Supervisors (whichever has jurisdiction) finds that the evidence or proof is not compelling or is inadequate. These standards shall be complied with continually.
D.
Additional conditions. In granting any special exception or conditional use, the Zoning Hearing Board or Township Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed below, as it may deem necessary to implement the purposes of this chapter.
E.
Use of experts. In hearing and deciding upon applications for any special exception or conditional use, the Zoning Hearing Board or Township Supervisors may call upon any experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.
G.
Hearings. The Zoning Hearing Board or Township Supervisors shall hold a hearing on all applications for special exceptions or conditional uses following the procedures in Article XXV.
H.
Additional guidelines. Prior to approving an application for a special exception or conditional use, the Zoning Hearing Board and Township Supervisors shall determine that the applicant has met the provisions of § 370-208 of this chapter.
I.
Recommendations from the Township Planning Commission. In considering any application for conditional use, the Township Supervisors shall consider the recommendations of the Township Planning Commission if provided within 60 days after receipt of the application.
§ 370-140 Bed-and-breakfast.
A.
All bed-and-breakfast establishments shall be conducted within a single-family detached dwelling.
B.
No modifications shall be made to the exterior front facade of the dwelling which would alter its character as a single-family home.
C.
No front yard areas shall be used for parking in addition to those spaces existing prior to the application for the bed-and-breakfast.
D.
Guests shall be limited to lodging for a maximum of 14 consecutive days.
E.
All units shall have at least two means of egress.
F.
Off-street parking shall be provided according to the provisions of § 370-181B(5) in addition to those required for the principal dwelling. Additional parking shall be placed in side or rear yard areas.
G.
The owner and operator of the bed-and-breakfast establishment shall reside in the dwelling.
H.
Signs are permitted subject to the provisions of § 370-176B. Any lighting used to illuminate such a sign shall be shielded to reduce spillover of light to adjacent properties to the greatest extent possible.
I.
Not more than two persons, in addition to persons residing in the dwelling, may be employed on-site.
J.
All sewage facilities shall be reviewed and approved by the Chester County Health Department.
K.
There shall be no meal service except for breakfast.
§ 370-141 Class B home occupation.
A.
The Class B home occupation shall only be conducted within a single-family dwelling or in an accessory building or structure.
[Amended 10-2-2019 by Ord. No. 2019-06]
B.
No products or materials used in the Class B home occupation shall be stored outside unless screened.
C.
An area corresponding to not more than 25% or 600 square feet, whichever is less, of the gross square footage of the dwelling, including all floors and habitable basement areas, but excluding attic space, shall be devoted or used for the Class B home occupation.
D.
The Township may require screening of any parking area or exterior activity.
E.
No more than two persons, in addition to the persons residing in the dwelling, may be employed on-site.
F.
The Class B home occupation structure shall not be subdivided from the parent parcel.
G.
No modifications shall be made to the exterior front facade of the dwelling which would alter its character as a single-family dwelling.
H.
Not less than two parking spaces shall be provided for the Class B home occupation in addition to the parking spaces provided for the dwelling. No front yard areas shall be used for parking in addition to those spaces existing prior to the application for the Class B home occupation. Notwithstanding other provisions in this chapter to the contrary, tandem parking spaces in driveways may be used to meet off-street parking requirements. Parking for the Class B home occupation shall be located in side or rear yard areas or in garages. Commercial vehicles may be placed in side yard areas or on existing driveways. Notwithstanding the above, refrigerator trucks or other vehicles that operate machinery that is audible at any lot line for periods exceeding two hours shall be set back not less than 100 feet from all lot lines.
I.
Before any building is used for a Class B home occupation, the applicant shall receive a permit from the Zoning Administration Officer, which shall state that it is issued subject to the applicant complying with the conditions of this section.
J.
The applicant shall demonstrate that traffic generated by the Class B home occupation shall not significantly increase from current levels.
K.
The Township may require periodic re-inspection to ensure continued compliance with all applicable conditions.
L.
The resident shall operate the Class B home occupation.
§ 370-142 Kennel.
§ 370-143 Multifamily development.
All dwellings shall be served by public or community water and sanitary sewage treatment facilities.
A.
No more than eight dwellings may be located in any single structure.
B.
The applicant shall provide elevations or renderings of the proposed structures.
C.
For multifamily buildings all parking areas shall be provided in off-street areas, and no driveway area located in front of any structure shall be counted as a required parking space. It is the intent of this provision to avoid the parking of vehicles on streets or in driveway areas in front of the dwellings. Parking shall be provided as required in § 370-181.
[Amended 6-7-2017 by Ord. No. 2017-05]
D.
Not more than two adjacent structures shall have identical roof heights, roof styles, or setbacks from any access road or public street. Not more than eight units shall be placed in a single structure.
E.
Access shall be from a major or secondary collector street.
F.
The Township shall require landscaping.
G.
Minimum yard setbacks shall be increased by not less than 50% in R-2, APO I and APO II Districts.
H.
Minimum spacing shall be provided between buildings as shown in the table below:
[Amended 8-4-2010 by Ord. No. 2010-04]
Separation Requirements Townhouses, Apartments and Similar Multifamily Housing | |
|---|---|
Dimension | Space Between Buildings (feet) |
Front to front | 70 |
Front to side | 50 |
Front to rear | 70 |
Side to rear | 30 |
Side to side | 30 |
Rear to rear | 50 |
Corner to corner | 20 |
§ 370-144 Multifamily development conversions.
A.
An existing institutional building(s) may be used or replaced for multifamily use, subject to the following conditions:
(1)
The use shall be subject to a maximum density of five units per acre of developable area.
(2)
The use shall be subject to a minimum setback of 200 feet from the street (front yard setback) and 75 feet for each side yard and 125 feet for each rear yard.
(3)
All access shall be from a major or secondary collector street to the next intersections (not a local street) providing clear sight distance, via entrance available for the exclusive use of the proposed multifamily project, which shall be located not less than 300 feet from any other driveway or entrance off the main road.
(4)
The developable lot area shall be a minimum of 10 acres. Qualification for additional units requires five developable acre increments.
(5)
The facility shall be served by public water and public sewer.
(6)
Adequate landscaping shall be provided to substantially buffer the project, regarding visibility, as to front yard, both side yards and rear yard, and shall have a minimum depth of 30 feet, and shall be satisfactory to the Township Engineer or designated consultant, as to species and plantings.
(7)
If the use is intended to serve persons requiring ongoing services, whether of a personal care, medical, or other supportive nature, the applicant shall demonstrate the following:
(a)
Said supportive services will be responsive to the needs of the residents.
(b)
Said supportive services will be sufficient in availability to service the said needs.
(c)
Adequate assurance of the continued availability of said services shall be provided. A use so designated shall be permitted only as to such special purpose tenants. Said special purpose tenants may include mentally and/or physically disabled persons, but shall not admit active illegal substance users or alcohol abusers, nor persons subject to the continuing supervision of the criminal justice system.
(8)
In considering any conditional use application, in addition to assurance that the aforementioned standards are satisfied, the Township Supervisors shall assure that the application satisfies the requirements of § 370-207 of this chapter, and shall determine that the standards contained in § 370-208 have been satisfied.
(9)
This section shall only apply to existing buildings or replacements thereof, but not so as to increase aggregate square footage of such buildings.
§ 370-145 Mobile home park.
B.
Each mobile home park shall be established, maintained, constructed and operated in compliance with Article V, Section 501 of the Pennsylvania Municipalities Planning Code, as it may be amended,[1] as well as Article VI of Chapter 320, Subdivision and Land Development.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
C.
Public or community water and sanitary sewer facilities shall be provided, as required by the Pennsylvania Department of Environmental Protection.
D.
Access shall be from a major or secondary street.
E.
Accessory uses shall be set back from all exterior lot lines not less than 50 feet.
§ 370-146 Extraction of earth or other materials from the ground, solid waste disposal facility, transfer station, and similar facilities.
B.
No extraction or processing shall be permitted within 200 feet of any lot line or 500 feet of any residential use or district.
C.
The applicant must comply with all applicable state and federal standards and regulations.
D.
The Township may require the use to be screened from all roads and adjoining properties and may require the use of chain-link fencing not less than eight feet in height.
E.
All uses shall provide sufficiently long stacking lanes into the facility to avoid the backup of vehicles onto public roads.
F.
All driveways onto the site must be paved with asphalt not less than 100 feet from the street right-of-way line. In addition, a fifty-foot long gravel section of driveway shall be placed just beyond the preceding 100-foot paved section to dislodge any debris that may have become attached to a vehicle's wheels. All access roads shall be cleaned of debris daily.
G.
All operations shall be continuously supervised by a qualified facility operator.
H.
Access to the site shall be controlled to prevent unauthorized dumping, trespassing or vandalism.
I.
Leachate shall be disposed in compliance with any applicable state and federal laws or regulations. In no event shall leachate be disposed of in any stormwater facility, into the ground, or in any other manner inconsistent with the regulations of the Pennsylvania Department of Environmental Protection.
J.
A hydrogeological study shall be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells, to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating the quantity of and periods of water demand. The water feasibility shall be reviewed by the Township Engineer.
K.
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the Township. A hydrogeological study shall include the following information (unless more stringent regulations are set by county, state, or federal agencies, in which case, the more stringent regulations shall be met):
(1)
Calculations of the projected water needs.
(2)
A geologic and soils map of the area.
(3)
The location of all existing wells within 1,000 feet of the site and all known point sources of water pollution.
(4)
The long-term safe water yield shall be determined.
(5)
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and groundwater table.
(6)
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
L.
A landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Fences or other structural screening erected on the site must not be located within this landscape strip. All uses shall provide not less than a 100-foot deep landscaping screen. The Township may require that an elevated berm be incorporated into the landscape strip.
M.
The applicant shall submit a plan demonstrating safe access to the site, control of odors, noise, vermin, sanitation, trespassing, control of blowing litter, and control of flyrock if blasting is proposed.
N.
Hours of operation shall be limited to the hours between 9:00 a.m. to 5:00 p.m.
O.
All access shall be from major or secondary collector streets.
P.
A plan shall be prepared for reclamation of the site upon conclusion of the activity.
R.
The stripping of topsoil or sod shall be permitted only as part of the construction or alteration of a building or part of the grading incidental to such construction, including installation of utilities, in connection with the construction or alternation of a street, in connection with normal lawn preparation and maintenance, or in farming operations in those zoning districts where such use is permitted, provided sound soil conservation practices are observed.
§ 370-147 Parks and recreational facilities.
A.
Access and frontage of any public park containing recreational facilities shall be on major or secondary streets.
B.
Active outdoor recreation activities shall be set back not less than 50 feet from any lot line.
C.
The applicant shall provide a plan for controlling traffic, noise, light, litter, trespassing, dust and pollution.
§ 370-148 Uses not specifically permitted or prohibited.
A particular use may be allowed in a district if the use is not listed as a use permitted by right, special exception or conditional use in any district, or listed as prohibited in any district. Such uses may be permitted if the applicant demonstrates:
A.
The proposed use is not materially different from other permitted uses, special exception uses or conditional uses allowed in the same district.
B.
The proposed use shall not create adverse effects to a degree materially greater than other permitted uses, special exception uses or conditional uses allowed in the same district.
C.
If the proposed use is similar to another use permitted by right or by special exception in the same district, the Zoning Hearing Board may permit the proposed use subject to the conditions attached to the permitted use that is most similar to the proposed use. The preceding provisions shall not be construed as a variance.
D.
If the proposed use is similar to another use permitted by conditional use in the same district, the Township Supervisors may permit the proposed use subject to the conditions attached to the conditional use that is most similar to the proposed use. The preceding provisions shall not be construed as a variance.
§ 370-149 Conversion of single-family dwellings into multifamily dwellings.
A.
A single-family detached dwelling existing prior to the effective date of this chapter may be converted into and used as a two-family or multifamily housing.
B.
The plans for the conversion of a dwelling shall be submitted to the Zoning Hearing Board, accompanied by a certificate of approval by the Pennsylvania Department of Labor and Industry, where two or more families are to be housed above the ground floor.
C.
Such dwellings shall be subject to height, area and bulk regulations applicable to the district wherein such dwelling is situated, except that there shall be a lot area not less than the product of the minimum lot area prescribed in the district regulations multiplied by the number of families for the use of such dwelling to be converted.
D.
There shall be no external alteration of the building except as may be necessary for reasons of safety; fire escapes and outside stairways shall, where practicable, be located in the rear of the building.
E.
The Zoning Hearing Board may prescribe such further consideration and restrictions with respect to the conversion and use of such dwelling and to the use of the lot, as such Board may consider appropriate.
F.
Not less than 800 square feet of habitable floor area shall be provided for each dwelling.
§ 370-150 Educational institutions.
§ 370-151 Wireless communications facilities.
[Amended 8-7-2013 by Ord. No. 2013-05]
A.
Purpose. The purpose of this chapter and the standards established herein is to govern the use, construction and location of a commercial wireless communications facility in Schuylkill Township (the Township) in recognition of the nature of wireless communications and the Federal Telecommunications Act of 1996. These regulations are intended to:
(1)
Accommodate the need for commercial wireless communications facilities while regulating their location and number so as to ensure the development of commercial wireless communications;
(2)
Ensure the structural integrity of antenna support structures for wireless communications through compliance with governmental regulations and applicable industry standards;
(3)
Minimize the number of such facilities by encouraging commercial wireless communications providers to co-locate their wireless communications antennas with other communications providers on existing or new antenna support structures;
(4)
Minimize any adverse visual effects of the commercial wireless communications facility through proper design, siting, screening, use of materials, color and finish;
(5)
Promote the health, safety and welfare of the residents of the Township.
B.
Standards for wireless communications facilities. An applicant seeking to construct or erect a commercial wireless communications facility in a zoning district permitting such a facility shall submit an application for a building permit for the facility to the Township. The Township shall approve or deny the application with respect to the standards for wireless communications facilities specified in this section, the Township's Individual Lot Grading/Plot Plan Requirements checklist, and recommendations from the Township's Zoning Officer and the Township's Engineer.
(1)
Design and construction standards. The proposed commercial wireless communications facility shall be designed and constructed in accordance with all applicable building standards for such facilities and structures, including but not limited to the standards developed by the Electronics Industry Association/Alliance, the Electronic Components Association (ECA), the Joint Electronic Devices Engineering Councils (JEDEC) Solid State Technology Association, the Government Electronics and Information Technology Association (GEIA), the Telecommunications Industry Association (TIA), the Consumer Electronics Association (CEA), the Institute of Electrical and Electronics Engineers (IEEE), and standards contained in Chapter 140, Construction Codes, Uniform, as enacted by Schuylkill Township.
(2)
Permitted locations. The wireless communications facility shall be restricted to:
(a)
Zoning districts in the Township where such use is permitted;
(b)
One wireless communications facility per lot or parcel;
(d)
A minimum straight-line distance of 1.5 miles from the proposed antenna support structure base to the antenna support structure base of any other wireless communications facility.
(3)
Antenna support structure maximum height.
(a)
The maximum height allowed for an antenna support structure shall be 150 feet.
(b)
No applicant for a commercial wireless communications facility shall have the right under these regulations to erect an antenna support structure over the maximum permitted height unless the applicant can show that the proposed height of the support structure, with the antennas intended to be attached thereto, is the minimum height necessary to provide residents, businesses and organizations in the Township:
(4)
Antenna support structure design.
(a)
Shape. An antenna support structure shall be designed as a monopole in the configuration of either a unipole or a stealth monopole.
(b)
Controlled collapse. The support structure shall be engineered with break points so that if the structure collapses it will do so within the setback distance specified in § 370-151B(2)(c).
(c)
Anticlimbing devices. The support structure shall be fitted with equipment or devices to prevent unauthorized persons from climbing the antenna support structure.
(d)
Color. Unless prohibited by FAA regulations, the Board may require the applicant to reduce the visibility of the support structure from the ground by painting it with one or more colors which merge or blend best with the landscape and/or the sky. Color selection shall be the Board's decision based upon advice from the applicant, the Zoning Officer, the Township Manager, and the Environmental Advisory Council.
(5)
Antenna design and placement.
(a)
Placement. Since § 370-151B(10) requires that a wireless communications facility have the least visual impact, the wireless communications antennas shall be placed inside the antenna support structure in accordance with § 370-151B(4)(a).
(b)
Co-location space.
[1]
In order to help minimize the number of antenna support structures within and near the Township, co-location space on the antenna support structure shall be provided:
[2]
If such co-location space is not provided for, this may be sufficient reason for the Board of Supervisors to deny approval of the wireless communications facility.
(c)
Technical information. The following antenna information also shall be provided to the Township:
[1]
A description of the type and manufacturer of the proposed transmission and radio equipment;
[2]
Antenna specifications, to include frequency range, power in watts, design gain of antennas, subscriber equipment sensitivity (dBm), design dBm of transmission and receiving equipment, drive or other test results.
(6)
Alternative location analysis. The purpose of an alternative location analysis is to justify the location of the commercial wireless communications facility as well as the proposed antenna support structure height at the proposed location.
(a)
The applicant shall present and discuss a propagation study showing weaknesses or gaps in wireless communications coverage within a two-mile radius of the proposed location of the facility. This study shall be accompanied by a mapping of existing and planned antenna support structures within a three-mile radius of the proposed location.
(b)
The applicant shall present and discuss existing and suitable antenna support structures within a one-fourth-mile radius of the proposed facility which could also provide coverage of those gaps in wireless communications identified in the propagation study.
(c)
The Board may deny the application for the facility if the applicant has not made a good faith effort to obtain permission to locate wireless communications antennas on one or more existing and suitable antenna support structures.
(d)
The Board may proceed to process the application for the facility if the applicant can document that:
(f)
The applicant shall provide competent evidence and testimony by a radio frequency engineer regarding the suitability of alternate facility locations versus the proposed facility location with respect to design and construction standards for a wireless communications network in § 370-151B(1).
(7)
Site plan. A scaled site plan shall be submitted with the application for the commercial wireless communications facility.
(a)
The site plan, prepared by a Pennsylvania-registered professional land surveyor and professional engineer, shall clearly indicate adjacent zoning and land uses; adjacent parcels; structures and owners; adjacent roadways; rights-of-way; electrical transmission lines; the location, type, method of construction, and height of the proposed antenna support structure and associated wireless communications facility structures and features, including buildings, fencing, landscaping, parking, and driveway access; any other information deemed necessary to assess compliance with this section.
(b)
The site plan shall also comply with Schuylkill Township's Individual Lot Grading/Plot Plan Requirements checklist.
(8)
Security fencing. A security fence shall be required to surround areas containing the commercial antenna support structure and all other permitted communications equipment and facilities. This fence shall be:
(a)
A minimum of eight feet high;
(b)
Equipped with one or more self-locking gates where, in emergency situations, the Township shall be provided unimpeded access to the facility, including keys or combinations for any locked gates;
(c)
Constructed with materials and colors that blend best with the background setting and are the least noticeable. Selection of materials and colors shall be the Board's decision based upon advice from the applicant, the Zoning Officer, the Township Manager, and the Environmental Advisory Council;
(d)
Limited to enclosing a total area of 7,000 square feet.
(9)
Landscaping. Unless prohibited by federal or state laws, landscape plantings, possibly in combination with other physical features, shall be required to screen the commercial wireless communications facility from public view at ground level.
(a)
Location. Landscape plantings shall be provided around all fences and all permitted unfenced accessory buildings or structures.
(b)
Types. Landscape plantings shall consist of an evergreen screen or buffer of trees and/or hedges. As the evergreen screen grows, it shall continue to retain its foliage above two feet off the ground. Also the screen either shall be highly resistant to deer browsing or shall be protected from such browsing in the least visible manner.
(c)
Planting requirements.
[1]
Planting intervals. Trees shall be planted at twenty-foot intervals or 10 feet on center maximum, and hedge shrubs shall be planted at six-foot intervals or three feet on center maximum.
[2]
Heights. The evergreen screen shall be a minimum height of six feet at planting and shall be capable of growing to a minimum of 15 feet high at maturity.
(d)
Existing vegetation around the facility shall be preserved to the greatest extent possible.
(e)
Combinations. The Board may permit a combination of landscaping, existing vegetation, topography, walls, decorative fences or other features if such a combination will achieve the same degree of visual screening and least visual impact as landscaping alone.
(f)
Additional plantings. At its discretion the Board may require additional plantings of evergreens or deciduous flora of various maturing heights in order to soften the appearance of the facility.
(g)
Maintenance. Landscaping shall be maintained by the applicant for as long as the facility is in operation.
(10)
Visual impact. The applicant or facility owner shall minimize the visual impact of the commercial wireless communications facility and its antenna support structure through appropriate selection of location, landscaping and aesthetic design.
(a)
Proposed location. The facility and its antenna support structure shall be located on a site where the facility and the antenna support structure are least visible from residential areas, public roads, and other areas frequented by the public.
(b)
Proposed design. The design of the facility's antenna support structure, buildings, equipment, accessory structures and facilities shall use materials, colors, textures, screening and landscaping [§ 370-151B(9)] that will aesthetically blend with the natural setting and the built environment.
(c)
Visual impact study. A visual impact study shall be submitted which graphically simulates through models, computer-enhanced graphics or similar techniques the appearance of the proposed antenna support structure and indicates its view from at least five locations around and within one mile of the proposed antenna support structure where the antenna support structure will be the most visible. Aerial or satellite photographs within one mile of the proposed facility shall also be included.
(d)
National Historic Preservation Act. The applicant shall provide proof to the Township that it has complied with Section 106 of the National Historic Preservation Act, 16 U.S.C. § 470f,[1] and has reviewed the effects of the proposed wireless communications facility on local historic resources that are included in, or eligible for inclusion in, the National Register of Historic Places.
[1]
Editor's Note: See now 54 U.S.C. § 300101 et seq.
(11)
Backup generator capability. Should there be an electrical power failure, the commercial wireless communications facility should be equipped with an electrical backup generator capability so that all antennas, supporting communications equipment and other electrical equipment will continue to function properly in the event of a power outage. Backup generator(s), if installed, shall be fueled by propane or natural gas. In addition, the facility also should be equipped with an uninterruptible/battery backup capability to bridge the time gap between electrical power loss and backup generator startup.
(12)
Prohibited facilities. With the exception of the commercial wireless communications facility equipment building(s), pad(s) or structures containing the equipment necessary for the continuing operations of wireless communications, all other uses ancillary to the facility, including but not limited to a business office, a mobile telephone switching office, a maintenance depot, a vehicular storage area, or other storage areas of similar size, shall not be located at the facility site.
(13)
Utilities. Utilities required for the commercial wireless communications facility shall be located underground.
(14)
Signs. No signs shall be posted or mounted on the commercial wireless communications facility except for those signs required by the FCC, the FAA, or other governmental agency. These agencies typically permit only safety-related signs such as owner contact information, warnings, equipment information and safety instructions. Any posted or mounted sign shall not exceed two square feet in area and shall conform to Article XXI, Signs, § 370-178, of this chapter.
(15)
Parking. If the commercial wireless communications facility is fully automated, adequate parking shall be provided for all maintenance workers with a minimum of two spaces provided, consistent with parking requirements in § 370-181. If the facility is not fully automated, the number of required parking spaces shall equal the number of employees present at the facility during the largest shift. The provided parking shall not interfere with other ingress, egress or use in the area, nor obstruct traffic.
(16)
Facility approach. Access to the commercial wireless communications facility shall be from a driveway 14 feet wide leading to a public road.
(17)
Lighting. All lighting associated with the commercial wireless communications facility shall conform to § 370-130C, Outdoor lighting, of this chapter, and all such lighting shall be oriented, focused or shielded so as to minimize light intrusion on surrounding properties.
(a)
Antenna support structure lighting. Except when required by the FAA or other governmental authority, no antenna support structure may be artificially lighted. However, when such lighting is required:
[1]
The lighting shall be limited to the minimum lumens and number of lights required;
[2]
Any blinking or rotating light shall be screened so as not to throw its light below the horizontal plane in which it is installed;
[3]
The applicant shall promptly report any outage or malfunction of mandated lighting to the appropriate governmental authorities and to the Township.
(b)
Facility compound lighting. Facility lighting shall be installed only for security, safety, or maintenance purposes and shall be:
(18)
Noise. No commercial wireless communications facility equipment, including but not limited to condensers, air conditioners, generators, or maintenance equipment, shall be operated so as to produce cumulative or total site noise, as measured at any parcel or lot boundary of the facility site, in excess of the following sound pressure levels:
(19)
FCC licenses and permits. The applicant shall demonstrate that it is a wireless communications provider currently licensed by the FCC. In the case of those companies that own and erect antenna support structures for lease to such companies, the applicant shall show it has one or more letters of intent from FCC-licensed wireless communications providers [§ 370-151B(24)(c)] to locate wireless communication antennas at the proposed commercial wireless communications facility. As part of the application, the applicant shall also provide to the Township:
(a)
Copies of all FCC applications, permits, approvals, licenses and site inspection records. Such information shall be accompanied by a certification signed by two officers of the applicant indicating that the information being supplied is true and correct to the best of their knowledge, information and belief.
(b)
Copies of all applicable federal regulations which the applicant is required to comply with, and a schedule of estimated FCC inspections.
(20)
Radio frequency emissions report. A report shall be produced by a radio frequency engineer confirming that the radio frequency emissions generated by the proposed facility will comply with FCC regulations and standards.
(21)
Properties impact report. A report shall be produced by the applicant addressing the potential impacts associated with constructing the commercial wireless communications facility, including appropriate mitigation measures if negative impacts are expected to occur on surrounding properties.
(22)
Maintenance. The applicant shall submit in writing the anticipated maintenance needs of the commercial wireless communications facility, including frequency of service, personnel needs, equipment needs, and any traffic safety and noise impacts of such maintenance. The applicant shall be responsible for maintaining the facility in the manner described and agreed to by the Board at the hearing.
(23)
Supporting information. The following information also shall be supplied by an applicant desiring to construct a commercial wireless communications facility:
(a)
Certificate of insurance, issued to the owner/operators evidencing that there is adequate liability insurance in effect insuring against liability for personal injuries, death and property damage caused by the facility;
(b)
A copy of the lease or other written agreement with the property owner, confirming that the applicant has standing to file the application for the proposed facility and also maintain the facility following its approved construction;
(c)
Operation and maintenance contacts: the names of the primary and secondary contact persons responsible for facility operation and maintenance, and the address, telephone, email and other contact information for each person.
(24)
Building permit. Before a building permit is approved for the applicant's proposed wireless communications facility, the Township must receive and be satisfied with the following:
(a)
Soils report. A report complying with the standards of Geotechnical Investigations, ANSI/EIA-222E, as amended, shall be submitted to the Township to document and verify the design specifications of the foundation for the communications antenna support structure and, if used, anchors for guy wires;
(b)
Design certification. A written certification by a Pennsylvania-registered professional engineer, including supporting calculations that, to the best of the engineer's knowledge and belief, the design of the facility, including but not limited to the antenna support structure, wireless communications antennas, supporting communications equipment, security, etc., adheres to the standards and regulations cited in § 370-151B(1);
(c)
Letters of intent. Letters of intent by wireless communications providers to install one or more wireless communications antennas on the proposed antenna support structure;
(d)
Financial security. A financial escrow amount shall be provided by the applicant to the Township, in a form, amount and minimum term acceptable to the Township, and sufficient to cover the costs associated with demolition and removal of the facility and site restoration, in accordance with § 370-151B(30).
(25)
Certificate of occupancy. When construction of the wireless communications facility has been completed, prior to the issuance of a certificate of occupancy by the Township, a qualified professional engineer registered in Pennsylvania shall certify that construction of the facility has been accomplished as designed and that construction adheres to the standards and regulations cited in § 370-151B(1), particularly with regard to:
(26)
Radio frequency interference. In the event the commercial wireless communications facility causes a measurable interference problem in the Township for a resident, business or organization with respect to radio or television reception, cellular or portable phones, heart pacemakers, garage door openers, other remote controls, and other radio-dependent devices in general use in the Township and in compliance with FCC regulations, the impacted party shall immediately notify the wireless communications facility owner and at the same time so inform the Township. After such notification:
(a)
The owner shall then ensure the interference problem is promptly corrected within 72 hours and at the owner's sole expense;
(b)
If the interference problem cannot be promptly corrected, the owner shall halt operation of any offending equipment suspected to be the cause of the problem;
(c)
In the event that the interference problem continues longer than 72 hours, the Township may require the offending equipment to be dismantled and removed, and the owner may be subject to civil enforcement proceedings.
(27)
Annual registration fee. In January of each year the wireless communications facility owner shall pay any registration fee(s) as established from time to time by resolution of the Board of Supervisors.
(28)
Annual maintenance program and inspection.
(a)
Annually, the wireless communications facility owner shall submit to the Township:
[1]
Proof of maintenance activity on the facility which has occurred during the last 12 months;
[2]
An inspection report submitted by a qualified professional engineer as required by the ANSI/TIA-222-E Codes, supported by proof of an annual inspection of the facility, especially the antenna support structure and wireless communications antenna(s).
(b)
Any structural faults noted in an inspection report concerning the antenna support structure, antennas or appurtenances shall be immediately corrected by the owner. If such faults are not immediately corrected, the Board of Supervisors may require removal of the facility in accordance with § 370-151B(30).
(c)
In the event the annual inspection referred to above is not performed in a timely manner, or if the owner fails to make the necessary repairs, or if the owner fails to remove the facility when directed by the Board, the owner shall be subject to civil enforcement proceedings.
(29)
Annual report by the wireless communications facility owner. In January of each year, the owner shall provide the Township with the following information concerning the commercial wireless communications facility:
(a)
Contact information (name, address, telephone, email) for the following parties:
(b)
The location of the facility by geographic coordinates, indicating the latitude and longitude;
(c)
A copy of the owner's or operator's FCC license or authorization;
(d)
A certificate of insurance issued to the owner/operators evidencing that there is adequate liability insurance in effect insuring against liability for personal injuries and death and property damage caused by the facility;
(e)
Wireless communications facility technical information as follows:
[1]
Height of the antenna support structure;
[2]
Height of the wireless communications antenna(s);
[3]
The number of transmitters, channels and antenna(s);
[4]
Distance to nearest base station;
[5]
Output frequency of the transmitter(s);
[6]
The type of modulation, digital format and class of service;
[7]
Gain of the antenna(s);
[8]
The effective radiated power of the antenna(s);
[9]
Power input to the antenna(s).
(f)
A certification signed by two officers of the owner that the facility is continuing to comply with this chapter and all applicable governmental regulations, including but not limited to output and emission limits established by the FCC.
(30)
Abandonment and removal.
(a)
Upon the cessation of use or abandonment of the commercial wireless communications facility, the wireless communications facility owner shall be required to notify the Township within 72 hours.
(b)
If the nonuse or abandonment persists for a continuous period of six months or longer, the owner shall demolish and/or remove the facility from the land site within six months of such abandonment and/or nonuse.
(c)
Upon completion of facility demolition and removal, the facility site shall be cleaned, restored and revegetated to blend with the surrounding vegetation existing at the time of abandonment.
(d)
All costs of demolition and/or removal and restoration shall be borne by the wireless communications facility owner.
(e)
In the event that the demolition and/or removal and restoration are not performed in a timely manner, the wireless communications facility owner shall be subject to civil enforcement proceedings.
C. AMATEUR RADIO ANTENNA AMATEUR RADIO ANTENNA SUPPORT STRUCTURE AMATEUR RADIO SERVICE COMMUNICATIONS ANTENNA SUPPORT STRUCTURE ANTENNA SUPPORT STRUCTURE HEIGHT ANTENNA, WIRELESS COMMUNICATIONS CO-LOCATION COVERAGE, WIRELESS COMMUNICATIONS dBA dBm FAA FCC MONOPOLE MONOPOLE, STEALTH PROPAGATION STUDY RADIO FREQUENCY EMISSIONS RADIO FREQUENCY ENGINEER SETBACK DISTANCE UNIPOLE WIRELESS COMMUNICATIONS WIRELESS COMMUNICATIONS FACILITY WIRELESS COMMUNICATIONS FACILITY OWNER WIRELESS COMMUNICATIONS NETWORK WIRELESS COMMUNICATIONS PROVIDER
Definitions. As used in this section, the following terms shall have the meanings indicated:
An antenna used in the sending and receiving of amateur radio service communications in the form of electromagnetic waves and as authorized by the issuance of an amateur radio license by the Federal Communications Commission (FCC), provided that the transmission and reception of such electromagnetic waves is compliant with all FCC regulations.
[Added 11-1-2017 by Ord. No. 2017-13]
Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an amateur radio antenna.
[Added 11-1-2017 by Ord. No. 2017-13]
A radio communication service owned and operated by an amateur radio operator licensed by the FCC solely for personal, and not pecuniary, interest.
[Added 11-1-2017 by Ord. No. 2017-13]
A tower, pole, telescoping mast, lattice frame tower, tripod, or other structure which supports one or more wireless communications antennas.
The vertical distance measured from the base of an antenna support structure at the undisturbed grade to the highest point of the structure. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna support structure height.
A device used to receive and/or transmit wireless communications or radio signals, including panels, microwave dishes, wires, signal poles, whips or similar communications devices, as owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such devices.
The placement of two or more wireless communications antennas on the same antenna support structure.
The areas depicted on a map where cellular phone users can receive adequate and reliable wireless communications service while located outdoors holding their cellular phone a minimum of five feet from the ground.
A measure of sound pressure level in decibels (dB) relative to a 0 dB reference, the typical threshold of perception of average human hearing, as modified by an A-weighting factor to account for the relative loudness perceived by the human ear, which is more sensitive to higher sound frequencies than lower sound frequencies.
An abbreviation for the power ratio in decibels (dB) of the measured power referenced to one milliwatt (mW). This is a measure often used for radio, microwave and fiber optic communications equipment.
The Federal Aviation Administration.
The Federal Communications Commission.
An antenna support structure that is self-supporting by means of a single shaft of steel, concrete, wood, or other structural material.
A monopole with antennas installed either inside or outside the pole, but with external adornments transforming the pole as something else, such as a flagpole, evergreen tree, eagle's nest platform, etc., causing the structure not to be readily recognized as telecommunications equipment.
A computer-simulated model of wireless communications signal strength coverage as a function of frequency, distance, and other conditions, to include nearby wireless communications facilities.
Measurable electromagnetic energy radiation from any source, including wireless communications facilities, in the frequency range from 0.003 MHZ to 300,000 MHZ.
A professional engineer registered in Pennsylvania who specializes in electrical or microwave engineering, especially the study of radio frequencies.
The required minimum distance in a zoning district from a structure on the subject lot to the nearest lot line of that lot as measured perpendicular to that lot line, or the required minimum distance from a structure on the subject lot to another structure on that same lot or to a structure on a different lot in the vicinity of the subject lot.
A monopole antenna support structure with antennas located inside the pole and with no discernible external antennas or adornments attached to the outside of the pole.
Any personal wireless services as defined in the Federal Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
The wireless communications antenna(s), wireless communications antenna support structure, wireless communications equipment building(s), parking, fencing, plantings, and/or other structures and equipment supporting the receiving or transmitting of wireless communications or radio signals.
An organization or individual which owns the infrastructure of the wireless communications facility and which rents, leases or owns the land occupied by the facility.
Wireless communications between two or more land areas called "cells," where each cell is served by at least one transceiver, or transmitting and receiving antenna array, and where each transceiver at the same location or cell operates on a different set of radio frequencies.
Any entity or person which installs and operates one or more antennas to achieve wireless communications. Some corporate examples are AT&T, Verizon, and Sprint/Nextel.
D.
Amateur radio antennas.
[Added 11-1-2017 by Ord. No. 2017-13]
(1)
Authorization of use. Amateur radio antennas and amateur radio antenna support structures are hereby recognized as permitted accessory structures in the FR, R-1, and R-2 Zoning Districts, provided that the residence to which the amateur radio antenna or amateur radio antenna support structure is accessory must be a single-family detached dwelling.
(2)
Amateur radio antennas and amateur radio antenna support structures must not, on a combined basis, exceed 65 feet in height above ground level, measured from the base of the amateur radio antenna support structure or other structure or building to which an amateur radio antenna is attached.
(3)
Every amateur radio antenna and amateur radio support structure installed on a lot having a rear yard shall be located to the rear of any residential building, and any amateur radio antenna and amateur radio support structure installed on a lot not having a rear yard shall be located on the lot in such a manner so as to minimalize the visual impact of said improvements to the extent possible given the physical features of the lot. Every amateur radio antenna and amateur radio support structure must be located entirely on the same lot as the single-family detached dwelling to which it is accessory.
(4)
No more than one amateur radio antenna and amateur radio antenna support structure shall be permitted on any lot.
(5)
All amateur radio antennas and amateur radio antenna support structures shall be set back from all property lines a minimum distance of the greater of:
(a)
The dimensional requirements for required yards per the applicable zoning district; or
(b)
The overall height above ground level of the amateur radio antenna support structure.
[NOTE: Justified as a public health and safety measure to ensure that, should complete structural failure occur, the support structure would remain entirely on the subject property.] |
(6)
The construction and/or installation of an amateur radio antenna or amateur radio antenna support structure must be authorized by properly issued building and zoning permits. All applications for such a building permit must be supported by appropriate engineering designs, data and reports confirming compliance with all regulations set forth in the Township Code, including but not limited to § 370-133, Landscaping, and the building code[2] in effect at the time of the application submission. The design of all amateur radio antenna support structures must incorporate proper structural designs, foundations and anchoring consistent with the most current standards established by ANSI/EIA/TIA-222, Structural Steel Standards for Steel Antenna Towers and Supporting Structures [NOTE: this modification ensures that the support structures will be designed, constructed and maintained in accordance with the correct and stringent standards of the International Building Code], and such anticlimbing features or devices as may be necessary to reasonably prevent unauthorized individuals from climbing the structure.
(7)
All amateur radio antennas and amateur radio antenna support structures must be dismantled and removed from the subject property not later than 60 days from the date on which the antenna or support structure ceases to be used or from the date on which an owner of the lot upon which the amateur radio antenna is situated is no longer licensed by the FCC, or at time of use and occupancy should the buyer of the lot not be licensed by the FCC.
(8)
The construction, installation, operation and dismantling of an amateur radio antenna and amateur radio antenna support structure shall at all times comply with all regulations of the Federal Communications Commission and the Federal Aviation Administration.
§ 370-152 Heliports and helistops.
A.
Heliports and helistops may be permitted as an accessory use on the same lot with, and incidental to, a use permitted in the particular zoning district. The heliport or helistop also shall comply with the area and bulk requirements of the applicable zoning district, but in no case shall any such landing surface be located closer than 600 feet from any residential district boundary line.
B.
The landing surface shall be paved and level and shall be at least 60 feet square or, in the case of a circle, shall be at least 60 feet in diameter. The landing surface shall be well maintained and shall be kept dirt-free to preclude blowing dust or debris caused by rotor downwash, and shall contain no structure or other obstacle other than those required for safety purposes.
C.
The perimeter of the entire area shall be enclosed by a securable, well-constructed fence, a minimum of four feet high, which will serve to prevent unauthorized entry into the landing area. Trees, shrubbery and other landscaping shall be provided in quantities and dimensions deemed necessary by the Zoning Hearing Board to minimize offensive motor noise and to afford a softening of the visual impact of the landing area. Rooftop pads shall be excluded from these requirements.
D.
At least two approach zones to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach landing shall be located within 45° left or right downwind of the prevailing winds and shall fan out at an angle of not less than 10° from the width of the landing pad to a width of 1,000 feet and shall have a glide angle slope of eight to one measured from the outer edge of the pad. The landing facility shall be available for noninstrument use only. If landing area lights are to be provided, they shall be pilot-operated. No portion of the approach zone shall be within the minimum safe altitudes as expressed in Federal Aviation Regulations Part 91.119, as may be amended.[1]
[1]
Editor's Note: See 14 CFR 91.119.
E.
An application for a landing pad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
F.
All fuel, fire and safety equipment provided in conjunction with a heliport or helistop shall be subject to the approval of the Township Fire Marshal.
G.
In reviewing any application for a heliport or helistop, the Zoning Hearing Board may impose restrictions on hours of operation, the lighting, noise levels (though the provision of § 370-130A hereof may not always apply), flight altitude over residential areas, and such other requirements as may be appropriate and reasonable to protect the health, welfare, and safety of Township residents and their property.
H.
In addition to the requirements of the Township, any applicant for a heliport or helistop shall comply with the rules and regulations pertaining thereto of the Bureau of Aviation, Pennsylvania Department of Transportation, and the Federal Aviation Administration. No permit for the use of a heliport or helistop shall be issued by the Township until the applicant has obtained and submitted to the Township an appropriate license or other certification of regulatory compliance or the operation thereof from the Bureau of Aviation, Pennsylvania Department of Transportation.
I.
The standards and criteria set forth in this section are expressly promulgated as specific and objective criteria and standards. The applicant shall have the burden of proof of compliance.
J.
It shall be unlawful for any person to land, discharge, load or take off in a helicopter any place within the Township of Schuylkill other than at a heliport or helistop which has been authorized in accordance with the foregoing provisions of this section, except:
(1)
In conjunction with a special event such as an athletic contest, a holiday celebration, parade or similar activity, after seven days advance notice has been given to the Zoning Administration Officer and permission obtained to make such landing and takeoff.
(2)
When necessary for law enforcement purposes and for emergencies.
(3)
In connection with a construction project where a helicopter is to be used to lift equipment in connection with such project.
§ 370-153 Hospital (for humans), including nursing homes and senior care facilities.
A.
Access shall be from a major or secondary street.
B.
Minimum lot size shall not be less than five acres.
C.
Parking areas shall be landscaped and screened when abutting residential areas.
D.
The applicant shall provide a plan for controlling noise, traffic, odor, lighting, and litter.
E.
All structures shall be set back not less than 200 feet from all lot lines.
§ 370-154 Cemetery.
A.
The parcel devoted to this use shall be in accordance with the laws of the Commonwealth of Pennsylvania and, further, a crematorium shall not be permitted.
B.
Minimum lot size shall be two acres.
C.
Parking areas shall be landscaped and screened when abutting residential areas.
D.
The applicant shall provide a plan for controlling noise, traffic, odor and litter.
E.
All structures shall be set back not less than 100 feet from all lot lines. All plots shall be set back not less than 50 feet from all lot lines.
F.
Access shall be from a major or secondary collector street.
§ 370-155 Neighborhood commercial shopping complex.
§ 370-156 Motels, hotels, inns and similar facilities.
A.
Access shall be from a major or secondary street.
B.
All facilities shall be designed for transient tenants; units shall not contain more than two rooms and shall not be connected by interior doors into groups of more than two units.
C.
Lots shall not be less than four acres.
D.
The Township may require screening where the facility adjoins residential areas.
E.
A staffed on-site office shall be provided.
F.
All parking areas shall be set back not less than 20 feet from all lot lines.
G.
Each facility shall provide an area for meeting and dining on-site.
§ 370-157 Rooming house.
Rooming homes may be conducted in single-family dwellings subject to the following provisions:
A.
All dwelling facilities shall be located in detached dwellings.
B.
Not more than one dwelling space is permitted for each 5,000 square feet of gross lot area.
C.
The residential character of the facade shall be maintained.
D.
The minimum lot size shall not be less than two acres.
E.
All parking areas shall be set back not less than 25 feet from all lot lines.
F.
Not less than one off-street parking space shall be provided for each rental space. No front yard areas shall be utilized for parking other than on an existing driveway.
G.
All units shall have not less than two means of egress.
H.
Access shall be from a major or secondary collector street.
I.
Units shall be designed for transient tenants, shall contain not more than two rooms per rental unit, and shall not be connected by interior doors into groups of more than two units.
§ 370-158 Animal hospital.
A.
No structure or outdoor kennel shall be located within 200 feet of any residentially zoned area.
B.
The applicant shall provide landscaping and screening.
C.
The applicant shall provide a plan for controlling loitering, noise, littering and lighting.
D.
No lighting shall shine towards any residentially zoned area.
E.
Access shall be from a major or secondary street.
§ 370-159 Undertaking establishment, self-service laundry or dry-cleaning establishment.
A.
No structure shall be located within 100 feet of any residentially zoned area.
B.
The applicant shall provide landscaping and screening.
C.
The applicant shall provide a plan for controlling loitering, noise, littering and lighting.
D.
No lighting shall shine towards any residentially zoned area.
E.
Access shall be from a major or secondary collector street.
§ 370-160 Wholesale establishments.
Wholesale establishments, including lumber yard, building and plumbing supplies, farm machinery, motor vehicle fuels, warehousing for indoor storage only, and trucking incidental to such uses.
A.
All truck terminals and exterior storage of trucks, trailers, and other vehicles shall not be permitted.
B.
No outside storage of materials shall be located within 100 feet of any residential district.
C.
No motorized vehicles or equipment (i.e., backhoes, dump trucks, forklifts, etc.) shall be used within 100 feet of any residential district, except for property maintenance.
D.
The applicant shall provide screening.
E.
Access shall be from a major or secondary collector street.
F.
No fuel storage facility shall be located less than 100 feet from any lot line.
§ 370-161 Gas stations and gasoline service stations.
[Amended 2-1-2006 by Ord. No. 2006-01]
Gas stations and gasoline service stations, also including service and repair of vehicles, storage garage, automobile sales establishment, automatic automobile laundries and car wash facilities.
A.
No lot or any portion shall be located within 200 feet of a school, place of worship, or public recreation area, or residential district.
B.
All accesses shall be designed to provide safe and convenient travel without the potential for backing vehicles into a public street.
C.
Pumps, pump islands, vacuum stations, air towers, vending machines, canopies and other structures shall not be located in any required yards or setbacks. No outdoor display of products not associated with the use shall be permitted.
D.
A landscaped screening area shall be provided along all property lines, excluding the front line, and property lines adjacent to existing commercial uses and adjacent access points. Planting shall not interfere with the normal line of sight needed for safe entering and exiting maneuvers by vehicles.
E.
All vehicles (except for tow trucks) shall be stored within a building when the facility is not open for business, but may be stored in rear yards or in front or side yards when screened from view. Licensed vehicles, unregistered or dismantled automobiles, trucks, tractors, trailers, or parts may be placed outside for periods not to exceed 14 days. No Township rights-of-way may be utilized for any purpose. Vehicles shall not be parked outside the main structure during the hours of 9:00 p.m. to 6:00 a.m. in excess of one vehicle for every 500 square feet of business lot area exclusive of buildings or structures, unless screened. There shall be no limitation on the number of vehicles parked within a structure.
F.
There shall be no unscreened outside storage of material, although items for sale may be displayed, provided they are not placed in required minimum yard areas. No portable signs shall be allowed at any time or at any location.
G.
Trash, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be stored in a completely fenced in or screened enclosure for periods not to exceed 14 days. The area of such enclosure shall not exceed 200 square feet.
H.
All landscaped areas shall be maintained in a neat and healthy condition at all times.
I.
Public-address system or any other outdoor amplified noises are prohibited.
J.
All parking areas and spaces shall have paved, dustless or gravel surfaces, and shall use wheel stops, curbs or other means to define the areas in which vehicles may be stored.
K.
No vehicle shall be parked or placed in required minimum yard setbacks.
L.
The Zoning Hearing Board may limit lighting of signs if there are residential uses within 100 feet.
M.
The minimum lot area is one acre.
N.
The applicant shall provide landscaping and screening.
P.
No outside storage of materials shall be located within 100 feet of any residential district.
§ 370-162 Shopping center.
A.
The applicant shall submit a plan to demonstrate that sufficient off-street parking will be provided to prevent traffic congestion onto adjoining and nearby roads.
B.
The applicant shall provide screening.
C.
Access shall be from a major street.
D.
The applicant shall provide a plan for controlling traffic, noise and lighting.
§ 370-163 Incinerators and manufacturing.
Incinerators, including processing or storage of explosives, paint, petroleum, gas, or coke, and manufacturing, including brewing, meatpacking, manufacture or processing of chemical fertilizer, wood pulp, disinfectants or soap, flour mill, foundry, steel mill, manufacture or processing of rubber products.
A.
No use of land shall cause an increase in noise that exceeds any applicable standard set by the Pennsylvania Department of Environmental Protection (PADEP) or the United States Environmental Protection Administration (EPA).
B.
No operation shall emit any smoke which exceeds any applicable standard set by the PADEP or EPA.
C.
No operation shall release any airborne dust, dirt or fly ash which exceeds any applicable standard set by the PADEP or EPA.
D.
No operation shall emit odorous gases or matter which are perceptible at any point along a lot line which exceeds any applicable standard set by the PADEP or EPA.
E.
No operation shall release any toxic gas or hazardous material or waste into the environment which exceeds any applicable standard set by the PADEP or EPA.
F.
No operation shall cause vibration which is perceptible at any point along a lot line which exceeds any applicable standard set by the PADEP or EPA.
G.
No operation shall produce heat or glare which is perceptible at any point along the lot line which exceeds any applicable standard set by the PADEP or EPA.
H.
Waste products shall be stored within enclosed buildings or in containers adequate to prevent the spread or attraction of vermin and prevent the carrying of material by the wind. No liquid or solid waste or material, including any material of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous elements, shall be discharged at any point into any sewage disposal system, watercourse, lake or into the ground, except in accordance with standards approved by the PADEP or other applicable regulatory department or agency.
I.
All fuel storage areas shall comply with applicable regulations of the Pennsylvania State Fire Marshal and/or the Pennsylvania State Police.
J.
Access shall be from a major street.
K.
The applicant shall provide a plan for controlling traffic, noise and lighting.
§ 370-164 Steep slope regulations.
[Amended 7-12-2006 by Ord. No. 2006-04]
There shall be no erection of buildings or streets on steep slopes; provided, however, that the following uses may be located in steep slopes:
A.
Passive parks may be permitted, provided that their activities do not conflict with the use of the land as watershed.
B.
Tree farming, forestry, and other agricultural use may be permitted when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.
C.
Areas of man-made steep slopes may be graded or built upon subject to review and approval under provisions of this chapter applicable to the granting of conditional uses, provided that the applicant establishes that such grading or building will not cause any increase in erosion of soil that would not otherwise occur were such grading or building not to occur.
§ 370-165 Day-care center.
A.
Approval shall be conditioned on receipt of all applicable state permits.
B.
Outdoor play areas shall be located and screened such that noise and visual effects of the play area on adjacent areas is minimized.
C.
The applicant shall provide a plan for controlling noise and traffic, especially regarding safe areas for dropping off and picking up children.
§ 370-166 (Reserved) [1]
[1]
Editor’s Note: Former § 370-166, Special provisions for averaging of lot sizes, was repealed 10-2-2019 by Ord. No. 2019-05.
§ 370-167 Public utilities.
A.
The applicant shall demonstrate to the Zoning Hearing Board that the size and location of the proposed public utility is necessary to meet the particular nature of the public service.
B.
The Zoning Hearing Board may require landscaping.
C.
The Zoning Hearing Board may require the facility to be constructed of materials, colors and finishes which are compatible with the character of its neighborhood.
D.
Parking shall be provided are required in § 370-181, unless the applicant can demonstrate that the nature of the facility requires a lesser amount of off-street parking.
E.
The applicant shall provide a plan for controlling noise, odor, and visual effects of the facility.
F.
Transportation facilities, such as bus stations, shall be located on a major street.
§ 370-168 (Reserved) [1]
[1]
Editor’s Note: Former § 370-168, Cluster development of single-family detached dwellings through an open space option, was repealed 10-2-2019 by Ord. No. 2019-05.
§ 370-169 Convenience store.
[Added 10-2-2002 by Ord. No. 02-09]
In considering an application for conditional use approval for the use of a lot as a convenience store, the plan shall meet the following criteria:
A.
Unless otherwise set forth in this section, the regulations of the district in which the lot is located shall govern.
B.
All gasoline pumps (two dispensers for each pump) shall be covered by a canopy and shall be illuminated by overhead lighting during nondaylight hours.
C.
All gasoline pumps and the canopy covering such pumps shall be set back at least 75 feet from the legal right-of-way line and 50 feet from the ultimate right-of-way of all streets abutting the lot upon which the convenience store is located.
D.
Gasoline pumps shall not be located within 200 feet of a school, place of worship, public recreation area or residential zoning district; regarding existing residential dwellings presently located in non-residential districts, no gasoline pumps shall be located within 200 feet of the property line where the residential dwelling is located.
E.
Equipment intended to be utilized for the washing of windows of motor vehicles, as well as places for the storage of such equipment, shall be permitted within the canopy area or in the building only.
F.
The building used as the convenience store shall contain no more than 10,000 square feet of gross floor area, exclusive of any area of such lot being used for gasoline pump dispensers or a canopy over such dispensers.
G.
All ingress and egress from any lot upon which there is proposed to be located a convenience store shall provide safe and convenient travel.
H.
The internal circulation pattern of any lot upon which there is proposed to be located a convenience store with the retail sale of gasoline shall not entail vehicles waiting for such gasoline service stacking onto public streets.
I.
No outdoor display of products shall be permitted.
J.
All trash generated from a convenience store shall be stored in a completely fenced-in or screened enclosure and may be so stored for periods not to exceed seven days. Bins shall be subject to setbacks in underlying districts.
K.
Parking on any lot used as a convenience store shall be provided as required by § 370-181B(19) of this chapter.
L.
Landscaping and screening on any lot used as a convenience store shall be provided as required by this chapter and § 320-34 of Chapter 320, Subdivision and Land Development; provided that, so as to allow for the safe and efficient circulation of vehicles utilizing gasoline dispensing pumps, internal parking lot landscaping shall not be required on a lot used as a convenience store with the retail sale of gasoline, to the extent that waiver from a requirement of internal parking lot landscaping is necessary to accommodate the retail sale of gasoline, but such landscaping shall, in such cases, be located around the perimeter of such a lot.
M.
The Board of Supervisors may require the applicant to submit a traffic study illustrating the adequacy of existing or proposed roadways to accommodate any increase in traffic from the proposed convenience store. Any such traffic study shall be prepared in sufficient detail to determine peak traffic volumes and roadway capacity and provide acceptable solutions to traffic congestion.
N.
The maximum number of gasoline pump dispensers and the location of the same on any lot upon which there is proposed to be located a convenience store shall be as permitted by the Commonwealth of Pennsylvania Department of Labor and Industry, or any successor agency or entity, but shall not intrude on any setbacks.
O.
No direct or sky-reflected glare, whether from spotlights, floodlights, searchlights or other sources, shall be visible from adjoining streets or adjacent lots when viewed by a person standing on ground level or from floor level on an adjacent property.
P.
The use of lot as a convenience store shall not emit odorous fumes, gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot lines of such lot. The guide for determining such quantities of offensive odors shall be the 50% response level of Table 1 (Odor Thresholds in Air), "Research on Chemical Odors: Part 1 - Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemicals Association, Inc.
Q.
Any activity producing intense heat which is conducted on a lot used as a convenience store shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point on any other lot or property.
R.
Exterior lighting on any lot used as a convenience store shall be properly shielded so as to not be directed towards, or shine onto, other lots.
§ 370-170 Pharmacy/drugstore.
[Added 2-1-2006 by Ord. No. 2006-01]
In considering an application for conditional use approval for the use of a lot as a pharmacy/drugstore, the plan shall meet the following criteria:
A.
Unless otherwise set forth in this section, the regulations of the district in which the lot is located shall govern.
B.
The building used as the pharmacy/drugstore shall contain no more than 17,500 square feet of gross floor area.
C.
All ingress and egress from any lot upon which there is proposed to be located a pharmacy/drugstore shall provide safe and convenient travel.
D.
No outdoor display of products shall be permitted.
E.
All trash generated from a pharmacy/drugstore shall be stored in a completely fenced-in or screened enclosure and may be so stored for periods not to exceed seven days. Bins shall be subject to setbacks in underlying districts.
F.
Parking on any lot used as a pharmacy/drugstore shall be provided as required by § 370-181B(9) of this chapter.
H.
The Board of Supervisors may require the applicant to submit a traffic study illustrating the adequacy of existing or proposed roadways to accommodate any increase in traffic from the proposed pharmacy/drugstore. Any such traffic study shall be prepared in sufficient detail to determine peak traffic volumes and roadway capacity and provide acceptable solutions to traffic congestion.
I.
Except as provided herein, the use shall conform to all requirements of this chapter and Chapter 320, Subdivision and Land Development.
J.
No direct or sky-reflected glare, whether from spotlights, floodlights, searchlights or other sources, shall be visible from adjoining streets or adjacent lots when viewed by a person standing on ground level or from floor level on an adjacent property.
K.
The use of a lot as a pharmacy/drugstore shall not emit odorous fumes, gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot lines of such lot. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part 1 - Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemicals Association, Inc., Washington, DC.
L.
Exterior lighting on any lot used as a pharmacy/drugstore shall be properly shielded so as to not be directed towards, or shine onto, other lots.
§ 370-171 Two uses on one lot in Commercial District.
[Added 2-1-2006 by Ord. No. 2006-01]
In considering an application for conditional use approval for the use of one lot which contains a minimum of five acres for any two uses permitted in the C Commercial Zoning District, the plan shall meet the following criteria, in addition to the requirements for each use:
A.
The applicant shall demonstrate to the satisfaction of the Board of Supervisors that the two proposed uses are compatible in terms of parking, delivery, access and internal circulation.
B.
Neither of the two uses may be changed without the prior conditional use approval of the Board of Supervisors.
C.
The lot shall be owned by one property owner who shall grant perpetual easements for parking, access, and internal circulation to all lessees of the property. Such easements shall be approved by the Township Solicitor and recorded prior to the issuance of a use and occupancy certificate for either of the two proposed uses.
§ 370-172 Mitigated impervious coverage.
[Added 7-12-2006 by Ord. No. 2006-04]
Subject to review and approval under the provisions of this chapter applicable to the grant of conditional uses, the maximum impervious coverage on a lot may exceed that otherwise permitted pursuant to the regulations applicable in the underlying zoning district as follows:
A.
For each one square foot of native and noninvasive hydric vegetative cover (or such plantings as may be permitted or required pursuant to § 320-34 of Chapter 320, Subdivision and Land Development, as amended) planted on, in, over or through an otherwise required above ground BMP on a lot, the maximum impervious coverage on that lot may be increased by one square foot of impervious coverage, provided that the maximum mitigated impervious coverage on a lot shall not exceed 2% above the lot's otherwise permitted maximum impervious coverage and, provided, further, that the owner of such lot shall provide for and implement continual maintenance of such native and noninvasive hydric vegetation (or such plantings as may be permitted or required pursuant to § 320-34 of Chapter 320, Subdivision and Land Development, as amended) planted on, in, over or through an otherwise required above ground BMP on the lot in the manner provided for the maintenance of BMPs set forth in Chapter 310, Stormwater Management, as amended.
§ 370-173 Outdoor dining.
[Added 6-6-2007 by Ord. No. 2007-03]
Notwithstanding §§ 370-77C and 370-84 herein to the contrary, in any district where a restaurant use is permitted, other than the Historic Site Overlay District, outdoor dining, utilized as an accessory use and for the purpose of furnishing food and beverages outside to the patrons of the restaurant, shall be permitted as a conditional use, upon compliance with and subject to the following additional regulations:
A.
Compliance with the parking requirement calculations of § 370-181B, which shall include a showing of strict compliance with the parking requirements as existing and as proposed with and dedicated for the outdoor dining.
B.
Compliance with the lighting requirements of § 370-130C and any subsequent and applicable lighting requirements adopted hereafter.
C.
The outdoor dining area may not exceed 750 square feet, shall contain no more than 30 tables or 100 seats, whichever is less, and shall only be accessible through the restaurant. No street or sidewalk access to the outdoor dining area is permitted.
D.
A patio or deck area must exist or be constructed. In the event construction of a patio or deck is required, same must comply with the applicable standards and provisions of this chapter.
E.
The area used for outdoor dining must comply with the setback requirements of the applicable district or use and must be separated from all parking areas, driveways and abutting residential property by a fence, wall or other suitable barrier approved by the Zoning Officer.
F.
No outdoor bars or other similar structures used for the service of alcohol are permitted in the outdoor dining area. Prior to serving food or beverages outdoors, the restaurant must obtain all necessary permits from all governmental and municipal agencies having jurisdiction, including but not limited to the Chester County Health Department.
G.
The area used for outdoor dining may not be used for live music or outdoor entertainment with amplified sound equipment; in no event shall any stereo or acoustic music noise emanate beyond the property boundary line.
H.
No outdoor dining service shall be provided before 10:00 a.m. or after 11:00 p.m.
I.
A restaurant with outdoor dining shall not be permitted to have drive-through or curbside service.
J.
The area used for outdoor dining shall contain sufficient trash receptacles, which shall be removed from the outdoor dining area at the end of each day.
§ 370-174 Demolition of Class I or Class II historic resource.
[Added 12-7-2011 by Ord. No. 2011-11]
No Class I or Class II historic resource may be demolished unless approved as a conditional use by the Board of Supervisors. Procedures and standards for acting on any application for such conditional use approval shall be as specified in Article IX of this chapter.