Shaler Township, PA Zoning Ordinance

All WCFs shall maintain strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Township.

If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such WCFs into compliance shall constitute grounds for the removal of the WCF at the owner's expense.

Wind. All WCFs shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

Aviation safety. WCFs shall comply with all applicable federal and state laws and regulations concerning aviation safety. No WCF shall encroach into or through any established public or private airport approach path as established by the FAA.

Public safety communications. No WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Signs. All WCFs shall include a sign in a location readily visible from ground level 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.

Radiofrequency emissions. No WCF may, by itself or in conjunction with other WCFs, generate radiofrequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields," as amended.

Permit fees. The Township may assess any and all permit fees as permitted by law, including, but not limited to, those authorized pursuant to the Wireless Broadband Collocation Act, 53 P.S. § 11702.1 et seq., and the Pennsylvania Small Wireless Facilities Deployment Act, 53 P.S. § 11704.1 et seq., which shall be set from time to time by resolution of the Shaler Township Board of Commissioners.

Indemnification. Each person that owns or operates a 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 WCF. Each person that owns or operates a 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 WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Lighting. No WCF shall be artificially lighted, 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. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Manager.

Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Engineer signature. All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania, certifying the structural integrity of the proposed WCF and compliance with all local, state and federal laws and regulations applicable to the proposed WCF.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

§ 225-73 Specific requirements for collocated wireless communications facilities.

The following regulations shall apply to collocated WCFs that do not meet the definition of a "small WCF":

Location requirements. Collocated WCFs shall be permitted outside the public rights-of-way in all zoning districts as a permitted use.

Application requirements. Applications for collocated WCFs shall include the following:

The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed collocated WCF.

A cover letter detailing the location of the proposed site, all equipment being proposed as part of the collocated WCF, and a certification that the WCF applicant has included all information required by the Township ordinances, signed by a representative of the WCF applicant.

The manufacturer and model, proposed location, and physical dimensions of each piece of equipment proposed as part of the collocated WCF.

An aerial photograph of the proposed site showing the area within 500 feet of the collocated WCF. The aerial photograph shall identify all structures within such radius.

Photo simulations depicting the collocated WCF from at least two locations near the proposed site. The photo simulations should clearly reflect the proposed design and location of all equipment associated with the collocated WCF.

Evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure upon which the WCF will be collocated, considering wind and the loads associated with the location of the proposed collocated WCF.

A report by a qualified engineering expert which shows that the collocated WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

Evidence of agreements and/or easements necessary to provide access to the building or other wireless support structure on which the collocated WCF is to be mounted so that installation and maintenance of the collocated WCF building can be accomplished.

A certificate of insurance as required by § 225-73G.

All application fees required by the Township as detailed in the Township fee schedule.

Development regulations.

Collocated WCFs shall not be located on any single-family dwelling or two-family dwelling.

A collocated WCF shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

Collocated WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

Repair, upgrade. The removal and replacement of collocated WCFs and/or related equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the dimensions of the underlying support structure. Any modification that constitutes a substantial change to a WCF shall be treated as a new WCF for which the WCF applicant must submit a complete application as required by this Article A.

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this Article A 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.

Timing of approval.

Within 30 calendar days of the date that an application for a collocated WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application.

Within 90 calendar days of receipt of an application, and subject to applicable tolling procedures as established by federal law, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such decision.

If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's review period.

Insurance. Each person that owns or operates a collocated WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the collocated WCF.

Removal. In the event that use of a collocated WCF is discontinued, the owner shall provide written notice within 90 days to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

All abandoned or unused WCFs and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

If the WCF or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or related equipment may be removed by the Township, and the cost of removal assessed against the owner of the WCF.

§ 225-74 Specific requirements for tower-based wireless communications facilities.

The following regulations shall apply to all tower-based wireless communications facilities that do not meet the definition of a "small WCF":

Location requirements.

Tower-based WCFs may be located on public property in any zoning district if authorized by the Township.

Tower-based WCFs may be located outside the rights-of-way as a conditional use in the following zoning districts, subject to the requirements of this § 225-74:

C Cemetery District.

GC General Commercial.

I Industrial.

Application requirements.

The WCF applicant shall submit a copy of its FCC license with its conditional use application. Any grant of conditional use hereunder shall cease automatically if the WCF applicant's FCC license expires, lapses or is revoked.

The WCF applicant shall submit certified documentation with its conditional use application for a tower-based WCF, verifying that the tower-based WCF or equipment cannot be collocated, accommodated or installed on an existing structure, inside or outside the Township. The documentation shall certify that there is no existing structure available which would reasonably accommodate the proposed tower-based WCF or communications needs of the WCF applicant. Structure availability shall be measured in terms of physical availability, legal availability and economic availability. The WCF applicant shall demonstrate to the reasonable satisfaction of the Board what measures were taken to identify existing structures as well as what measures were taken to secure the right to use such facilities or structures. The foregoing shall apply to property within and without the Township which would reasonably accommodate the service area requirements of the WCF applicant.

The WCF applicant shall submit with its conditional use application a tower-based WCF site plan or survey of the property certified by an engineer or architect.

The WCF applicant shall submit with its conditional use application, a report by a certified engineer documenting the following:

A proposed search ring shown on the official Township Wireless Communications Facility Map.

Tower-based WCF height and design, including technical, engineering, economic and other pertinent factors governing selection of the proposed design. A cross section of the wireless support structure shall be included.

Total anticipated capacity of the site, including number and types of antennas which can be accommodated.

Evidence of structural integrity of the wireless support structure meeting the TIA/EIA-222-F standard.

Failure characteristics of the wireless support structure and demonstration that the site and setbacks are of adequate size to accommodate debris.

All load hazards and mitigation measures which have been employed, including but not limited to increased setbacks and/or deicing equipment.

Specific design and construction plans indicating the means by which shared-use requirements shall be met.

A geotechnical report by a certified soils engineer certifying the subsurface soil conditions of the tower-based WCF site.

A verified report and/or statement by a radiofrequency (RF) engineer certifying that the proposed tower-based WCF and antenna transmissions have been reviewed and that the aggregate exposure from all transmissions collocated on a single tower will not exceed the maximum allowed under any federal or state law or regulation. The report should identify the total of all current RF exposures, the maximum permitted RF exposure in the aggregate, the exact extent to which the WCF applicant's transmission will add to the collocation if permitted, and the amount of remaining exposure before the maximum is exceeded.

An environmental impact statement shall be submitted with any conditional use application for a tower-based WCF, describing the effects the proposed tower-based WCF will have on the environment and surrounding area, including, but not limited to, the effects on human health, views, air traffic, migrating birds and other environmental impacts.

The WCF applicant shall submit to the Township with its conditional use application an independent site analysis and engineering report, including studies, plans and calculations, prepared by a registered engineer, documenting proper wireless support structure design, proper tower-based WCF site and corroborating that the tower-based WCF or equipment cannot be collocated, accommodated or installed on an existing or already approved wireless support structure or other existing structure such as an electric transmission tower, stadium light pole or water tank, as well as documenting the proper location of foundations and anchoring devices.

The WCF applicant shall submit with its conditional use application written documentation that there exists a sufficient easement or right-of-way to allow vehicular access to the tower-based WCF site. The access shall be a minimum width of 20 feet and shall be adequate to permit emergency vehicles access to the WCF and shall be constructed of a dust-free all-weather surface. The right-of-way or easement shall be maintained by the landowner, the owner of the right-of-way or easement or the lessee.

The conditional use application shall demonstrate to the reasonable satisfaction of the Board that such use is reasonably necessary at the proposed tower-based WCF site for the convenience of the people at large or for the general welfare. The documentation submitted by the WCF applicant shall include a map of the area to be served by the tower-based WCF and the relationship of the proposed tower-based WCF site to other WCFs.

All WCF applicants for approval of a tower-based WCF shall submit, in addition to the foregoing requirements of this section, the following:

A statement from the FAA that the application has not been found to be a hazard to air navigation under Part 77, Federal Aviation Regulations, or a statement that no compliance with Part 77 is required.

A statement from the FCC that the application complies with the regulations of the Commission or a statement that no such compliance is necessary.

WCF applicant's letter of intent to lease excess space on the wireless support structure in conformance with the provisions for shared use contained in this section.

Such conditional use application fees as set by resolution of the Board.

Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. Such notice shall be provided a minimum of 10 days in advance of such public hearing. The WCF applicant shall provide proof of the notification to the Township.

Collocation and sharing. Tower-based WCFs shall be permitted as a conditional use in the Township, provided the Board finds that no existing or planned tower-based WCF can reasonably accommodate the WCF applicant's proposed antenna or other equipment as described herein. As a prerequisite to such finding, the WCF applicant shall comply with the following collocation and sharing requirements and procedures:

Prior to submitting a conditional use application, the WCF applicant shall contact the owners of all existing or planned tower-based WCFs, as well as other suitable wireless support structures including any building-mounted sites in the Township of a height approximately equal to or greater than the height of the tower-based WCF proposed by the WCF applicant, within a 1/2 mile radius of the proposed site. A list shall be provided by the WCF applicant to the Township of all such owners contacted, the date of such contact, as well as the form and content of such contact.

Such contacts shall be made prior to the filing of the conditional use approval so as to allow for inclusion of the responses into the application when filed. Failure of a listed owner to respond shall not be relevant to the filing of an application if a timely, good faith effort was made to contact such listed owner. However, where an existing or planned tower-based WCF is known to have capacity for additional antennas of the type proposed, based upon a prior decision regarding such tower-based WCF, a response concerning collocation is required as a condition for approval of the conditional use. The Township shall maintain and provide, on request, records of responses from each owner.

The WCF applicant shall request the following information for collocation from each owner contacted:

Identification of the site by location, existing uses and tower-based WCF height.

Whether the existing or planned tower-based WCF can structurally accommodate the antenna proposed by the WCF applicant without requiring that structural changes be made to the existing or planned tower-based WCF.

Whether the existing or planned tower-based WCF can structurally accommodate the proposed antenna if structural changes are made, not including totally rebuilding the existing or planned tower-based WCF. If so, the owner shall specify in general terms what structural changes would be required.

If structurally able, would collocation of the proposed antenna(s) on such existing or planned tower-based WCF be precluded for reasons related to radiofrequency interference. If so, the WCF applicant shall describe in general terms what changes in either the existing or proposed WCF would be required to allow for collocation on the existing or planned tower-based WCF, if at all.

If shared use is possible, based on Subsection D(3)(c) and (d) above, the fee an owner of any existing or planned tower-based WCF would charge for such shared use.

Shared-use or collocation shall not be precluded simply because a reasonable fee for shared-use is charged or because of reasonable cost necessary to adapt the existing and proposed uses to a shared tower-based WCF. Expert testimony may be considered to determine whether the fee and costs are reasonable. Costs exceeding new tower-based WCF construction and the cost of ground rental or acquisition are presumed unreasonable.

Prior to granting a conditional use application for a tower-based WCF, the WCF applicant shall agree:

To lease any additional space on the tower-based WCF to other companies at the fair market rate.

To construct the tower-based WCF to accommodate a certain number of antennas or as many as technically feasible.

Development regulations.

The tower-based WCF may exceed the height limit of the zoning district in which it is located, provided it is demonstrated to the Board that such height is necessary and essential for the proper functioning of the concerned tower-based WCF.

Minimum setbacks. In addition to meeting the setback requirements of the zoning district, no tower-based WCF shall be located closer than the following distances from any property line as measured from the base of the tower-based WCF:

A distance of 150% of the tower-based WCF height from any property line; or

The maximum collapsible fall radius of the tower-based WCF as specified by a registered engineer. Any guy anchor shall be located a minimum of 25 feet from any property line and additionally must meet the minimum yard and building setback requirements of the zoning district in which it is located.

Design regulations.

The tower-based WCF, including all communications equipment buildings and other related equipment, shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. All communications equipment buildings and other related 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.

In addition to the other design requirements enumerated in this section, the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

The width of the base of the wireless support structure shall be no more than 10 feet at ground level. At a height of 30 feet above ground level, the maximum width shall be six feet. At the highest point of the wireless support structure, the maximum width shall be 18 inches. No signs or other structures, devices or other items shall be placed on the tower-based WCF except as specifically approved.

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

The tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer, if such anti-climbing device is deemed necessary by the Township Board.

Surrounding environs. 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.

Fence/screen. A fence or wall not less than eight feet in height from finished grade shall be constructed around each tower-based WCF and around each guy anchor and peripheral support. All structures related to the tower-based WCF shall be equipped with a twenty-four-hour security system. The fence or wall shall comply with the following standards:

Access to the tower-based WCF shall be restricted and shall be through a locked gate in the required fence or wall.

The required fencing shall consist of a masonry wall or solid fence with trees planted along the exterior of the wall or fence or an open fence with an evergreen screen that consists of a continuous hedge with a minimum height of five feet with trees planted along the exterior of the screen. Tree plantings shall consist of three-inch-minimum-caliper deciduous or evergreen trees planted 20 feet on center maximum. Existing vegetation shall be preserved to the maximum extent possible.

When high voltage is necessary for the operation of the tower-based WCF, and it is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE - DANGER."

Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF shall first obtain the applicable permit from the Township Zoning Office, in accordance with the Township's permitting practices.

Collocation and sharing. All tower-based WCFs shall be designed to structurally accommodate the maximum number of antennas technically feasible, but in no case less than the following:

At least one two-way radio antenna for every 10 feet of the wireless support structure, or at least one two-way radio antenna for every 20 feet of the wireless support structure and at least one microwave facility.

Such other combination as found by the Board to provide the maximum possible number of foreseeable users.

Such requirements may be reduced if either:

The FCC provides a written statement that no more licenses for those broadcast frequencies that could use the wireless support structure will be available in the foreseeable future; or

The size of the wireless support structure required significantly exceeds the size of the existing wireless support structures in the area and would therefore create an unusually onerous visual impact that would dominate and alter the visual character of the area when compared to the impact of other existing wireless support structures. This provision is only to be applied in unusual circumstances not resulting from the WCF applicant's action or site selection, unless no other site is possible.

Height. The WCF applicant shall demonstrate to the reasonable satisfaction of the Board that the height of the tower-based WCF is the lesser of:

125 feet above ground level; or

The minimum necessary to serve the service area requirements of the WCF applicant. If the WCF applicant is applying for height in addition to its own requirements, the WCF applicant shall submit agreements including reasonable details regarding the use of the additional height and the facilities to be placed on the tower-based WCF. However, the maximum height of the tower-based WCF shall not at any time exceed 200 feet. No equipment mounted or attached to the tower-based WCF shall exceed this 200-foot maximum height.

Maintenance. The following maintenance requirements shall apply:

All maintenance shall be performed to ensure the upkeep of the tower-based WCF in order to promote the safety and security of the Township's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Timing of approval.

Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application.

All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of an application for the approval of such tower-based WCF, and in accordance with applicable tolling procedures as established by federal law, and the Township Board shall advise the WCF applicant, in writing, of its decision.

Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this chapter.

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 WCFs or portions of WCFs shall be removed as follows:

All unused or abandoned tower-based WCFs and related equipment shall be removed and the WCF site shall be restored to its original state within six months of the cessation of operations at the site unless a time extension is approved by the Township.

If the WCF is not removed and the WCF site is not restored to its original state within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and related equipment may be removed and the WCF site may be restored to its original state by the Township and the cost of removal assessed against the owner of the WCF.

Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF and related equipment previously removed.

Insurance. Each person that owns or operates a tower-based WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.

Financial security. Prior to the erection or construction of a tower-based WCF, the owner/operator of the tower-based WCF shall post a bond or other security with the Township in an amount sufficient to guarantee that the tower-based WCF can be removed completely within six months of cessation of use at the sole cost and expense of the owner/operator.

Annual inspection.

An annual inspection program performed by a professional engineer and paid for by the owner of the tower-based WCF shall be required for all tower-based WCF. An annual inspection report shall be submitted to the Township by the owner of the tower-based WCF on June 1 of each calendar year, documenting that an inspection has been performed on the tower-based WCF within the previous 30 days and that the structure and surrounding site are in compliance with the requirements of this article. Additionally, the annual inspection report shall certify that the tower-based WCF is securely anchored in a fixed location on the ground and further certify that the structure can withstand wind, storm, ice and other natural or artificial forces required by this article. It shall further certify that the tower-based WCF is structurally capable of handling antennas, dishes and other equipment mounted or attached to the tower-based WCF.

The annual inspection shall include a photograph of the tower-based WCF site showing or depicting all appendant structures, including all antennas and antenna arrays.

§ 225-75 Specific requirements for small wireless communications facilities.

The following regulations shall apply to all small wireless communications facilities:

Location standards.

Small WCFs located in the rights-of-way and collocated small WCFs outside the rights-of-way shall be a permitted use in all Township zoning districts, subject to the requirements of this Article A and generally applicable permitting as required by the Township ordinances.

Small WCFs requiring the installation of a new or replacement wireless support structure and located outside the rights-of-way shall be a permitted use in the following zoning districts, subject to the requirements of this Article A and generally applicable permitting as required by the Township Code:

C Cemetery District.

GC General Commercial.

Industrial.

Application requirements.

Applications for small WCFs shall be submitted to the Township Zoning Officer.

Applications for small WCFs shall include the following:

The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.

A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.

A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.

If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.

If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.

The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.

An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.

Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.

A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

A certificate of insurance as required by § 225-75L.

(j)

All application fees required by the Township as detailed in the Township fee schedule.

Timing of approval.

Within 10 business days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. The WCF applicant may then resubmit its application, at which point the applicable timeframe for approval shall restart. Any subsequent notice of incompleteness shall be issued within 10 business days of receipt of a resubmitted application and shall toll the applicable timeframe for approval until such time as the application is resubmitted.

Within 60 days of receipt of an application for collocation of a small WCF on a preexisting 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.

Within 90 days of receipt of an application for a small WCF requiring the installation of a new or replacement 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.

If the Township denies an application for a small WCF, the Township shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Township Code on which the denial was based, within five business days of the denial.

The WCF applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review.

Consolidated applications. A WCF applicant may submit a consolidated application for the collocation of multiple small WCFs. A consolidated application may not exceed 20 individual small wireless communication facilities. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 225-75C shall be extended by 15 days.

Time, place and manner. Once approved, the Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

Attachment to municipal structures. The Township shall allow the collocation of small WCFs to wireless support structures owned by the Township in accordance with the hierarchy detailed in this section. If collocation would cause structural or safety deficiencies to the municipal structure, the Township may require payment by the applicant of any costs associated with any make-ready work, modification, or replacement needed to accommodate the small WCF in accordance with applicable law. If the WCF applicant is proposing the collocation of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that collocation on a higher priority structure or wireless support structure owned by a third party is not technically feasible. In order from most preferable to least preferable, the Township's collocation preferences are as follows.

Power poles;

Traffic signage poles without traffic signals;

Traffic signal poles;

Decorative light poles.

Obstruction. Small WCFs and related 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.

Graffiti. Any graffiti on a small WCF, including the wireless support structure and any related equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Township.

Design standards. All small WCFs in the Township shall comply with the requirements of the Township small wireless communications facility Design Manual. A copy of such shall be kept on file at the Township Department of Building and Zoning.

Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.

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:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Township.

Insurance. Each person that owns or operates a small WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small WCF.

Reimbursement for use of the right-of-way. In addition to permit fees as described in this chapter, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW in accordance with the small Wireless Facilities Deployment Act,[1] or other applicable law, and as set forth by resolution of the Shaler Township Board of Commissioners.

Editor's Note: See 53 P.S. § 11704.1 et seq.

§ 225-81 Large domestic animals.

Types. Large domestic animals include horses, cattle, sheep, alpaca, goats, ponies, oxen and other similar size animals unless otherwise specified.

Shelter. Large domestic animals shall be sheltered in clean structures. Structures, confinement and feeding areas associated with large domestic animals shall be located at least 30 feet away from any property line.

Limitations. The minimum land area required to maintain any large domestic animal shall be two acres, or the sum of the required land areas for each animal as listed below, whichever is greater. On publicly owned park properties, there shall be no limit on the number of large domestic animals kept, provided animal structures and run requirements are met.

Cattle, pigs or oxen, one acre each;

Horses, ponies or alpacas, 1/2 acre each;

Sheep, goats or llamas, 1/4 acre each; provided that unweaned young will not be counted.

§ 225-82 Small domestic animals.

Types. Small domestic animals (mammals and fowl) include ducks, geese, swans, chickens and other similar animals unless otherwise specified.

Limitations. No more than 10 small domestic animals may be kept on a minimum lot size of 1/2 acre.

Shelter. Small domestic animals shall be sheltered in a clean structure which shall be located at least 30 feet away from any property line.

§ 225-83 Small domestic pets.

Types. Household pets include animals such as dogs, cats, hamsters, birds and rabbits.

Limitations. Each dwelling unit is limited to five household pets plus one unweaned litter produced by any of the pets, provided that this limitation shall not apply to gerbils, hamsters and birds. This limitation shall not apply to household pets considered to be visiting the dwelling unit for up to 14 days within a six-month period. This limitation shall not apply to a dwelling unit keeping a fostered animal(s), so long as:

The resident(s) of the dwelling unit provides the Township with written correspondence from the organization in charge of said fostering, stating said resident(s) is responsible for such fostered animals.

The period of said fostering is a maximum of 90 days per animal.

Shelter. Household pets shall be sheltered in the dwelling unit or in a clean structure located within the building setback lines of the accompanying lot.

§ 225-84 Exemptions.

Exempt from the provisions of this chapter are commercial and industrial equipment, trailers and vehicles of:

The Township or other governmental agency for the accomplishment of a governmental purpose or a contractor or subcontractor under agreement with the Township or other governmental agency to accomplish a municipal purpose.

A public utility or a contractor or subcontractor under agreement with such public utility, for the installation, maintenance, adjustment or repair of or to a public utility facility, including utility trucks owned by a public or quasi-public agency when the drivers are required by their employment to respond to emergencies.

Commercial vehicles parked for the purpose of making deliveries or improvements to a property or street location.

Commercial vehicles parked for up to 48 hours if the vehicle is involuntarily parked because of mechanical failure or other emergency.

Trailers and recreational vehicles parked in the parking lots of volunteer fire departments, but if and only if the Board of Commissioners has granted an applicant a conditional use for such trailer or recreational vehicle to do so.

§ 225-85 Commercial vehicles and commercial equipment in residential districts.

Parking locations. Commercial equipment and commercial vehicles shall not be parked or stored on a residential lot in a residential district between the hours of 9:00 p.m. and 5:00 a.m. Monday through Saturday and all day Sunday, except as shown on Table 1, Chart of Prioritized Parking and Storage Locations for Commercial Vehicles and Equipment,[1] and then only in those areas listed in the order of priority. Only if a higher priority location does not exist or is inaccessible and thus unavailable and if and only if the landowner complies fully with the screening requirements of this chapter may the commercial equipment or commercial vehicle be parked or stored on the residential lot in the next lower priority. If none of the prioritized locations is feasible, the commercial vehicle or equipment must be parked or stored off site. In no event shall any person in a residential district keep, store or park, or permit any other person to keep, store or park, any commercial vehicle or commercial equipment, unless screened from neighboring properties and the public right-of-way.

Editor's Note: Table 1, Chart of Prioritized Parking and Storage Locations for Commercial Vehicles and Equipment, is attached to this chapter.

Ownership of commercial vehicle or equipment. The owner and operator of a commercial vehicle or commercial equipment parked on a residential lot shall reside on the residential lot where the commercial vehicle or commercial equipment is parked or stored.

Number of commercial vehicles or equipment permitted. Only two commercial vehicles may be parked on a residential lot at any time.

Prior approval required for paper street parking or storage. If storage of any commercial vehicle on a paper street is approved by the Township, said storage shall be subject to in-field site review and approval prior to parking or storage occurring.

Improved surface required. Parking or storage of any recreational vehicle on any residential lot shall be on an improved surface to minimize mud tracking onto roadways.

Screening. Commercial vehicles and commercial equipment within prioritized parking locations identified in Table 1, columns (2), (4) and (5),[2] and shown in hatched or shaded boxes shall be screened with an opaque barrier having at least 75% opacity unless such vehicle is stored completely within a building or is otherwise screened so as not to be visible at ground level from another property or from any public right-of-way. The opaque barrier shall:

Screen the entire length of the commercial vehicle or commercial equipment; and

Screen the entire height of the commercial vehicle or equipment between the ground elevation upon which it is parked and its highest point, but not exceeding the height standards set forth in Chapter 118, Fences, Walls and Hedges, of the Code.

If said commercial vehicle or commercial equipment is located on a trailer, both the commercial vehicle and the commercial equipment as well as the trailer shall be screened.

An opaque barrier or screening may consist of vegetation, fencing, walls or a combination of such materials and shall be located between the commercial vehicle or commercial equipment and the lot line. The use of a tarp(s) shall not be an acceptable form of screening. If the screening is to be accomplished with a fence or wall, screening must comply with Chapter 118, Fences, Walls and Hedges.

Editor's Note: Table 1, Chart of Prioritized Parking and Storage Locations for Commercial Vehicles and Equipment, is attached to this chapter.

Screening not required. The screening requirements of this section do not apply to a commercial vehicle:

Parked temporarily while actively engaged in loading or unloading passengers, merchandise or materials.

Parked for up to 48 hours if the vehicle is involuntarily parked because of mechanical failure or other emergency.

§ 225-86 Commercial vehicles and commercial equipment in nonresidential districts on site owned by business.

Commercial vehicles and commercial equipment parked or stored on nonresidential lots on a site owned by the business shall comply with the following requirements:

Commercial vehicles and commercial equipment may be parked on a nonresidential lot between the facade line of the business establishment and any public right-of-way, but if and only if the commercial vehicles and commercial equipment are parked perpendicular to the right-of-way and if and only if the commercial vehicles and commercial equipment are parked at a point no closer than 15 feet to the closest pavement edge of a road.

Commercial vehicles and commercial equipment shall not be used as an advertising sign or as a business sign and shall not be parked or stored between the facade line of the business establishment and any public right-of-way for more than 20 days in any three-month period.

Parking shall be on an improved surface to minimize mud tracking onto roadways.

§ 225-87 Commercial vehicles and commercial equipment in nonresidential districts on sites not owned by business.

Commercial vehicles and commercial equipment parked or stored on nonresidential lots on a site not owned by the business shall comply with the following requirements:

Commercial vehicles and commercial equipment shall not be parked between the facade line of the business establishment and any public right-of-way for an aggregate period of more than 72 hours in any three-month period.

Any commercial vehicle or commercial equipment that is parked between the facade line of the business establishment and any public right-of-way for an aggregate period of more than 72 hours in any three-month period shall be considered off-premises advertising signs and subject to those provisions of this chapter relating to signs.

Parking shall be on an improved surface to minimize mud tracking onto roadways.

The requirements set forth above shall not apply to:

Commercial vehicles or commercial equipment parked for up to 21 days while the vehicle undergoes repairs, detailing or other services provided by a licensed business establishment providing motor vehicle repairs, auto body work, detailing or similar services.

Commercial vehicles or commercial equipment actively engaged in a construction project and which are parked no longer than the duration of the construction permit issued by the Township on the private construction site.

Commercial vehicles or commercial equipment parked within a licensed salvage yard or junkyard.

§ 225-88 Parking restrictions for recreational vehicles.

Parking of recreational vehicles on residential streets and highways.

No recreational vehicle in any residential district shall be parked or stored upon any Township street or highway except as provided in this chapter.

No recreational vehicle in any residential district shall be parked on a street or highway within 50 feet of any intersection or crosswalk at any time.

The foregoing restrictions for recreational vehicles on residential streets and highways shall not apply to: a recreational vehicle parked up to 72 hours for a planned trip, outing or vacation commencing or ending on the same day of the departure or return; or a recreational vehicle parked up to 72 hours for the loading and unloading of persons and personal effects, cleaning and servicing; or a recreational vehicle parked up to 72 hours preparing the vehicle for such departure or return. A recreational vehicle may be parked for a period of up to 48 hours if the recreational vehicle is involuntarily parked because of mechanical failure or other emergency. Recreational equipment and personal watercraft; provided, however, that such parking on a street, highway or alley shall not occur on more than two consecutive days or on more than two days in any seven-day period and shall not be occupied while parked on the street, highway or alley.

Parking of recreational vehicles on residential lots.

No recreational vehicle shall be parked or stored on a residential lot in any residential district except as provided in this chapter.

Recreational vehicles, but excluding recreational equipment and personal watercraft, shall not be parked or stored on a residential lot in a residential district except as shown on Table 2, Chart of Prioritized Parking and Storage Locations for Recreational Vehicles,[1] and then only in those areas listed in the order of priority. Only if a higher priority location does not exist or is inaccessible and thus unavailable, and if and only if the landowner complies fully with the screening requirements of this chapter, may the recreational vehicle be parked or stored on the residential lot in the next lower priority. If none of the prioritized locations is feasible, the recreational vehicle must be parked or stored off site. In no event shall any person in a residential district keep, store or park, or permit any other person to keep, store or park, any recreational vehicle unless screened from neighboring properties and the public right-of-way.

Editor's Note: Table 2, Chart of Prioritized Parking and Storage Locations for Recreational Vehicles, is attached to this chapter.

Ownership of recreational vehicle. The owner and operator of a recreational vehicle shall reside on the residential lot where the recreational vehicle is parked or stored.

Number of recreational vehicles permitted. Only two recreational vehicles may be parked on a residential lot at any time.

Prior approval required for paper street parking or storage. If storage of any recreational vehicle on a paper street is approved by the Township, said storage shall be subject to in-field site review and approval prior to parking or storage occurring.

Improved surface required. Parking or storage of any recreational vehicle on any residential lot shall be on an improved surface to minimize mud tracking onto roadways.

Screening. Recreational vehicles within prioritized parking locations identified in Table 2, columns (2), (4) and (5),[2] and shown in hatched or shaded boxes shall be screened with an opaque barrier having at least 75% opacity, unless such recreational vehicle is stored completely within a building or is otherwise screened so as not to be visible at ground level from another property or from any public right-of-way. The opaque barrier shall:

Screen the entire length of the recreational vehicle; and

Screen the entire height of the recreational vehicle or equipment between ground elevation upon which it is parked and its highest point, but not exceeding the height standards set forth in those regulations of this chapter relating to fences, walls and hedges.

An opaque barrier or screening may consist of vegetation, fencing, walls or a combination of such materials and shall be located between the recreational vehicle and the lot line. The use of a tarp(s) shall not be an acceptable form of screening. If the screening is to be accomplished with a fence or wall, the screening must comply with the requirements of this chapter relating to fences and walls as well as the fence and wall requirements set forth in the other ordinances of the Township.

Editor's Note: Table 2, Chart of Prioritized Parking and Storage Locations for Recreational Vehicles, is attached to this chapter.

Screening not required. The screening requirements of this section shall not apply to:

A recreational vehicle parked up to 72 hours for a planned trip, outing or vacation commencing or ending on the same day of the departure or return; or a recreational vehicle parked up to 72 hours for the loading and unloading of persons and personal effects, cleaning and servicing; or a recreational vehicle parked up to 72 hours preparing the vehicle for such departure or return.

A recreational vehicle parked for a period of up to 48 hours if the recreational vehicle is involuntarily parked because of mechanical failure or other emergency.

Recreational equipment and personal watercraft.

§ 225-89 Other recreational vehicle requirements.

Recreational vehicles shall be operable and maintained. Recreational vehicles shall be maintained and carry up-to-date registrations and applicable safety inspections.

Recreational vehicles shall not be parked on slopes greater than 15%, in designated open spaces or recreational areas, in sensitive natural resource areas, or in floodways.

Unless the International Building Code or International Fire Code dictate otherwise, there shall be no minimum building separation for recreational vehicles.

§ 225-90 Exceptions.

A limit of two pieces of recreational equipment and personal watercraft including jet skis and similar personal watercraft and all-terrain vehicles shall be exempt from the screening requirements of this section.

§ 225-91 Nonconforming commercial and recreational vehicles; effective date.

[Amended 2-10-2015 by Ord. No. 1931]

The effective date of this article shall be 180 days after the date of enactment by the Board of Commissioners, but all recreational vehicles currently parked or stored on residential lots in the Township or bought prior to the enactment of this article are exempt from the provisions of this chapter until January 1, 2016, but only if such recreational vehicle is registered and recorded with the Township Zoning Officer within 180 days of the enactment of this article. The exemption for nonconforming commercial vehicles will be until February 15, 2015.

§ 225-92 Limitations and regulations for dumpsters and PODS®. [1]

Dumpsters and PODS® may be constructed or placed on private property in a residential district in the Township under the following conditions:

A resident shall be allowed to have one dumpster for 30 days on private property in a residential district in the Township without need of a permit so long as its use is to assist with the moving into or out of the dwelling or any other lawful use not dealing with construction or a catastrophe as described below. The maximum period of 30 days shall include the days of delivery and removal. After the thirty-day period, the owner must submit an application and obtain a permit, not to exceed 30 days in length, from the Township. In no event shall a resident be allowed to have a dumpster for more than a total of 60 days per annum, with or without a permit, except in cases of disaster or catastrophe. All fees pertaining to dumpsters shall hereafter be amended from time to time by resolution of the Board of Commissioners. A resident may receive no more than one dumpster permit in any twelve-month period under this subsection except in the event of fire, flooding or other natural disaster causing substantial damage to the structure. A resident shall also comply with the following regulations concerning dumpsters:

Debris must be placed inside the dumpster, not along a side or on top of it.

All dumpsters are required to be emptied when full. For the purpose of this chapter, "full" is defined as when the contents of the dumpster reach an average level of one foot below the top edge of the dumpster sides. Any dumpster which has reached the full state and is not emptied within seven calendar days shall be considered in violation of this chapter.

A resident shall be allowed to have one PODS® for 30 days on private property in a residential district in the Township without need of a permit as long as its use is to assist with the moving into or out of the dwelling or any other lawful use not dealing with construction or a catastrophe as described below. After the thirty-day period, the owner must submit an application and obtain a permit, not to exceed 30 days in length, from the Township. In no event shall a resident be allowed to have a PODS® for more than a total of 60 days per annum, with or without a permit, except in cases of disaster or catastrophe. There is a fee of $25 for a thirty-day permit. All fees pertaining to PODS® shall hereafter be amended from time to time by resolution of the Board of Commissioners. A resident may receive no more than one PODS® permit in any twelve-month period under this subsection, except in the event of fire, flooding or other natural disaster causing substantial damage to the structure.

No property owner or agent for the property owner shall be allowed to apply for more than one dumpster permit and one PODS® permit per year per property.

All dumpsters and PODS® shall be appropriately labeled as to the date the permit was issued and the date of required removal, representing the maximum time period for use under the permit.

A resident shall be allowed to have one dumpster in conjunction with an active building permit issued for residential construction or renovation at the site. A dumpster permit shall be required, which permit shall run concurrent with the length of the building permit. A fee in the amount of $25 shall be charged for the first 30 days and $10 for each additional month, or such other fees as the Board of Commissioners may set from time to time by resolution.

Editor's Note: PODS® is a registered trademark; it is used generically to refer to "portable on-demand storage."

§ 225-93 Use following natural disaster.

Notwithstanding the above limitations and regulations, when the principal structure on the property has been made uninhabitable as a result of a natural disaster for which a local or state of emergency declaration has been issued or a fire or other damaging event beyond the control of the owner, one or more dumpsters and one or more PODS® may be used for on-site storage and repair.

Following a natural disaster or other similar occurrence, both dumpsters and PODS® are allowed without a permit for 30 days on private property in a residential district in the Township. After the thirty-day period, a permit shall be required, and a dumpster will be permitted only in connection with a building permit.

For good cause shown and to recognize extenuating circumstances, the Code Enforcement Officer may extend the duration of authorization for an additional period of 60 days following a natural disaster or other damaging event.

§ 225-94 Storage of certain materials prohibited.

No PODS® shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods or property other than at the residential property where the PODS® is located (i.e., used for retail sales). No PODS® shall be used to store any hazardous or combustible or toxic materials.

§ 225-95 Number and size of dumpsters and PODS®.

Absent a catastrophe, a natural disaster or a building permit justifying the need, only one PODS® or only one dumpster shall be permitted on a residential lot at a time.

A dumpster may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.

A PODS® may not exceed eight feet in height, eight feet in width or 16 feet in length.

§ 225-96 Condition of dumpsters and PODS®.

The applicant or resident, as well as the supplier of the dumpster or the PODS®, shall be responsible for ensuring that the dumpster or PODS® is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks at all times.

§ 225-97 Locations.

Dumpsters and PODS® shall be placed in the driveway at a location furthest from the street and any adjacent property as reasonably possible, and all locations must be paved off-street surfaces. A resident shall obtain the preapproval of the Township Code Enforcement Officer for placement of the dumpster or PODS® in the following situations:

If the property does not have a driveway.

If the property is a corner lot.

§ 225-98 Advertising.

Advertising is prohibited on either a dumpster or a PODS® with the exception of the name and phone number of the unit's supplier, which is required.

§ 225-99 Requirements for issuance of permit.

The Township Code Enforcement Officer may issue a permit authorizing a resident to have a dumpster or a PODS® on private residential property in the Township after an initial thirty-day permit-free period, subject to the following conditions:

The applicant applies for a permit prior to the expiration of the initial thirty-day period that the dumpster or POD® has been located on such property;

The applicant has proceeded expeditiously in the usage of the dumpster or PODS® that has been located on such property;

That any unnecessary hardship has not been created by the applicant; and

Extensions beyond 60 days cannot be granted by the Code Enforcement Officer unless a site plan is approved by the Township Board of Commissioners.

§ 225-100 Removal.

Any dumpster or PODS® which is not removed at the end of the time for which it may lawfully remain in any place, or immediately upon the direction of the Township Code Enforcement Officer for removal of such dumpster or PODS® for safety reasons, may be removed by the Township immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the dumpster or PODS® was located and may be filed as a lien against such property.

§ 225-101 Applicability.

All new and existing fences, walls and hedges that are installed, planted, placed, constructed, erected or maintained shall be installed, placed, constructed, erected or maintained in accordance with the requirements of this article.

§ 225-102 Exemptions.

This article shall not apply to any fence or wall constructed on a governmental, municipal or public utility facility for public safety purposes or as a requirement of a state or federal agency.

This article shall not apply to any pet containment fence, unless the fence is located within a public right-of-way or public property that the Township owns or has an easement over, under, around or through.

§ 225-103 Special exceptions.

All fences and walls that are constructed with generally accepted building materials and which comply otherwise with the permit requirements of this section and the performance standards of this article shall be permitted in all residential districts, with the exception of fences and walls constructed with jumbo concrete block, precast or poured concrete, or of the gabion basket type, none of which shall be permitted without approval by the Zoning Hearing Board for use as a special exception in those residential districts.

§ 225-104 Nonconforming fences and walls.

All legal nonconforming fences and walls in existence prior to the effective date of this article are permitted to continue, subject to the following provisions:

No such nonconforming fence or wall may be enlarged or altered in a way which increases its nonconformity.

Should such nonconforming fence or wall be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this article.

No such nonconforming fence or wall may be structurally altered so as to change the shape, size, type or design of the fence or wall.

§ 225-105 Permit required for certain retaining walls.

No retaining wall measured from the lowest level of grade to the top of the wall which is over four feet in height, and no retaining wall under four feet in height which is supporting a surcharge, shall be constructed, erected or installed without first obtaining a permit from the Township.

All retaining walls requiring a permit shall be professionally engineered and structural calculations for the retaining wall shall be provided by a licensed Pennsylvania engineer and submitted with the permit application.

No permit or permit application is required for:

Retaining walls that are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

Fences not over six feet (1829 mm) high.

Repairs to an existing fence or wall with no structural changes.

The installation of gates up to eight feet in width in an existing fence or wall with no structural change.

Planting of continuous hedgerows, living fences or similar landscape features.

§ 225-106 Permit application.

Applications for permits shall be made upon forms provided by the Building Department.

The following information and materials shall be provided with the application:

A current lot survey sealed by a professional engineer or licensed and registered land surveyor shall be submitted for Township review and record with each permit application for any lot on which a wall requiring a permit is to be erected.

The sealed lot survey shall include the location of all existing and proposed walls, structures, easements and setback dimensions.

Structural calculations prepared by a licensed Pennsylvania engineer shall be submitted with the permit application for all retaining walls measured from the lowest level of grade to the top of the wall which are over four feet in height, and all retaining walls under four feet in height which are supporting a surcharge.

A fee in such amount as set from time to time by resolution of the Board of Commissioners shall be paid.

§ 225-107 Location of fences, walls and hedges.

From the effective date of this article, it shall be illegal for any person to place or allow to be placed any fence, posts, lampposts, basketball hoops or any other obstruction or structure within 10 feet of the edge of the paved portion of any public street or highway in the Township.

Any fence, post, lamppost, mailbox, sign, basketball hoop or wall located in a public right-of-way or other recorded easement is placed at the owner's risk and may be ordered removed at any time by the Township for any reason including for expansion or maintenance of public services.

All fences, walls and hedges, including but not limited to posts, foundations and overhang elements, shall be wholly contained on the applicant's property, and all fences and walls shall comply with the setback requirements of this article.

All fences, walls and hedges shall not be placed in any manner to hinder access to an easement.

All fences, walls and hedges shall not be erected in a manner that obstructs the free flow of surface water within or across the lot to which it is associated or the adjacent lots.

Where residential uses are abutting or where nonresidential uses are abutting, fences, retaining walls and enclosure walls do not need to follow setback requirements in the respective zoning districts, and fences, retaining walls and enclosure walls may be located at the property line as set forth in this article.

Where a nonresidential use abuts a residential use, a fence, retaining wall or enclosure wall on the nonresidential lot shall be set back a minimum of 10 feet from the residential property line.

Fences or walls over two feet in height which are abutting a public sidewalk or public right-of-way shall be set back a minimum of two feet from the public sidewalk or public right-of-way.

§ 225-108 Height of fences and walls.

Fences.

Except as provided herein, the maximum height of a fence in all zoning districts in the Township is six feet in height.

The maximum height of a fence in a residential district, erected between the front building line and the front property line, is four feet in height.

Where a fence is erected on a retaining wall, the maximum height of the fence is six feet in height, separate and distinct from the height of the retaining wall.

The Code Enforcement Officer may require that any fence be a lesser height when a higher fence creates a traffic hazard or obstructs visibility at an intersection.

The Code Enforcement Officer may authorize fences on certain properties to exceed the above height limitations for public safety reasons, including but not limited to fences around tennis courts, golf driving ranges, utility substations, baseball fields, athletic fields and public swimming pools, or if a requirement of a state or federal agency.

Walls.

Enclosure walls.

Except as provided herein, the maximum height of an enclosure wall in a residential district in the Township is six feet in height.

The maximum height of an enclosure wall in a residential district erected between the front building line and the front property line is four feet in height.

The Code Enforcement Officer may require that an enclosure wall be a lesser height when a higher enclosure creates a traffic hazard or obstructs visibility at an intersection.

The Code Enforcement Officer may authorize enclosure walls on certain properties to exceed the above height limitations for public safety reasons, including but not limited to enclosure walls around tennis courts, golf driving ranges, utility substations, baseball fields, athletic fields and public swimming pools, or if a requirement of a state or federal agency.

Retaining walls.

The maximum height of a retaining wall in a residential district in the Township, erected on a property line, is four feet in height.

The maximum height of a retaining wall in a nonresidential district abutting a residential district in the Township, erected on a property line, is four feet in height.

Retaining walls more than four feet in high shall be set back as required by those sections relating to setbacks of this article, unless the abutting property owner's verified signature also appears on the application form consenting to a higher height on the property line or unless the applicant is the owner of both abutting lots.

Retaining walls in residential districts and in nonresidential districts of the Township may be any height, but if and only if the retaining wall complies fully with § 225-110E (relating to setbacks), and if and only if the retaining wall is a professionally engineered retaining wall, designed and sealed by a licensed Pennsylvania engineer to retain the earth on one side at a higher elevation than the earth on the other side in such a way that resists the lateral displacement of soil or other materials in order to stabilize slopes and provide usable areas of land at different elevations and conform to all requirements of the Uniform Construction Code.

Where a fence is erected on a retaining wall, the maximum height of the retaining wall is the maximum height for retaining walls as set forth herein, separate and distinct from the height of the fence.

Hedges. None of the height limits established in this article shall apply to hedges, including any closely planted trees or vegetation. However, hedges located in the clear vision area are subject to required maintenance, including trimming and/or removal. Hedges shall be sufficiently set back at time of planting so that mature vegetation remains within private property and does not encroach into the public street right-of-way.

§ 225-109 Measurement of fences and walls.

Fences and enclosure walls shall be measured from the mean level of the ground surrounding the fence or the enclosure wall to the highest point of such fence or enclosure wall.

Retaining walls shall be measured from the bottom of the footing to the top of the wall.

§ 225-110 Setbacks of fences and walls.

The setbacks and other restrictions specified by this section are minimal and may be increased by the Township or by the recommendation of the civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage.

Where residential uses are abutting or nonresidential uses are abutting, fences, retaining walls and enclosure walls do not need to follow setbacks in the respective zoning districts, and fences, retaining walls and enclosure walls may be located at the property line as set forth in this article.

Where a nonresidential use abuts a residential use, a fence, retaining wall or enclosure wall on the nonresidential lot shall be set back a minimum of 10 feet from the residential property line unless the abutting residential property owner's verified signature also appears on the nonresidential lot application form consenting to a higher height on the property line or unless the applicant is the owner of both abutting lots.

Fences or walls over two feet in height which are abutting a public sidewalk or public right-of-way should be set back a minimum of two feet from the public sidewalk or public right-of-way.

Setbacks for retaining walls (see Exhibit I[1]).

A retaining wall which is not over four feet in height may be placed on a property line, provided the retaining wall is not in a public right-of-way area.

Retaining walls more than four feet in height shall be set back as required in this section unless the abutting property owner's verified signature also appears on the application form consenting to a higher height on the property line or unless the applicant is the owner of both abutting lots.

A retaining wall which is over four feet in height shall be set back a minimum of five feet from all property lines for each additional four feet in height over four feet. For example, a retaining wall or a terraced retaining wall over four feet in height but not over eight feet in height shall be set back a minimum of five feet from all property lines, and a retaining wall or a terraced retaining wall over eight feet in height but less than 12 feet in height shall be set back a minimum of 10 feet from all property lines.

Terraced retaining walls. The height of a terraced retaining wall is cumulative and is equal to the combined height of each wall. There shall be a minimum of five feet between the exposed faces of each wall.

Where the difference in elevation to be retained is more than eight feet, the retaining wall shall be stepped back in segments of approximately equal height.

A variance to the requirements of this section may be granted by the Zoning Hearing Board when a proposed retaining wall is necessary to insure the normal use of the property, i.e., for a sideline driveway.

The maximum setback required for an engineered retaining wall of any height is 10 feet from all property lines.

The maximum height of any retaining wall shall be determined in accordance with the attached Exhibit A which illustrates how maximum height is to be measured.[2]

Editor's Note: Exhibit A is located in "Street and Building Details" attached to this chapter.

Editor's Note: Exhibit I, Retaining Wall Layout, is attached to this chapter.

§ 225-111 Materials, construction and drainage.

All walls shall comply with all requirements of the Uniform Construction Code.

All fences and walls shall be constructed and located in strict compliance with all Township grading and stormwater standards and shall not cause additional runoff from the property on which they are sited.

Decorative/finished side of fences and walls:

Fences that have one finished or decorative side shall be oriented with the finished or decorative side facing outward toward adjacent parcels and away from the interior of the lot to which the fence is associated.

Masonry enclosure walls shall be finished in a similar manner on all sides.

Except where provided as a special exception, where retaining walls or high foundation walls are required and would be visible from a public right-of-way or residentially zoned property, the following shall apply to retaining walls more than four feet in height:

The retaining wall shall be constructed of or faced with brick, stone, split-face or fluted concrete block, textured poured-in-place concrete, or other materials with texture to reduce the apparent mass of the wall; or

In order to soften the appearance of the wall, hanging and/or climbing vegetation shall be planted on the retaining wall.

§ 225-112 Maintenance.

The owner of a property where a fence or wall is located is responsible for maintenance of both sides of the fence or enclosure wall.

§ 225-113 Inspections.

A fence or wall permit applicant shall make all construction or work for which a permit is required accessible and exposed for inspection until approved by the Code Enforcement Officer. Approval as a result of an inspection is not an approval of a violation of the provisions of this article. Inspections presuming to give authority to violate the provisions of this article are not valid. The permit applicant shall ensure the work remains accessible and exposed for inspection purposes. Neither the Code Enforcement Officer nor the Township is liable for expense entailed in removing or replacing of any material to allow inspection.

§ 225-114 Prohibited acts.

Except where permitted or otherwise authorized by special exception or conditional use in a district of the Township, after enactment of this article:

No person shall store, maintain, accumulate or keep any dismantled or partially dismantled vehicle, or a vehicle valueless except for salvage, or parts thereof, except in compliance with this article or upon open private grounds in the Township.

No person shall engage in the business of buying and selling junk or to accumulate, salvage, collect, store or dispose of junk in the Township without first obtaining a license to do so.

No person shall operate or maintain a junkyard in the Township without first obtaining a license to do so.

No person shall operate upon any of the streets, roads, alleys and ways of the Township of Shaler, whether from a vehicle or upon foot, as a scavenger or an itinerant buyer or seller of junk.

No person shall engage in business as a junk dealer in any place other than the place designated upon his license.

No person shall have, keep, store or maintain any motor vehicle, construction equipment, farm machinery or equipment, or motorcycles on any public land in the Township of Shaler.

No person shall place, cause to be placed or suffer to remain on any private or public property within the Township of Shaler any accumulation of ashes, garbage, rubbish, tires and rims and other refuse materials, including but not limited to abandoned refrigerators, hot-water heaters and tanks, furnaces, appliances and other scrap metal and lumber. Nothing herein shall be construed to prohibit the filling of land areas with earth, rocks and masonry.

From and after the enactment of this article, in all residential zoning districts:

No person shall accumulate or store junk in any residential area unless stored within a lawful, enclosed building or structure or screened by a lawful fence or within a trash receptacle in such a manner as to not be visible from beyond the lot boundaries.

No person shall park, store or keep, or permit any person to park, store or keep, any vehicle in which junk is being transported, conveyed or hauled on any residential lot or on any street adjacent to said lot in the Township between the hours of 6:00 p.m. and 7:00 a.m. unless the vehicle is parked, stored or kept within a lawful, enclosed building or structure or unless excavation, construction or demolition operations covered by an active building or demolition permit are in progress on the lot.

No person shall accumulate or store any junked, abandoned or discarded vehicle, trailer, boat, appliance or house furnishings on private or public property within any residential zoning district in the Township.

§ 225-115 License required.

On and after the effective date of this article, no person shall engage in or continue to engage in business as a junk dealer or operate a junkyard in the Township except as authorized by this article and without first having obtained a license therefor from the Township.

§ 225-116 Application for license.

Application for a license to engage in business as a junk dealer or to establish or operate a junkyard in the Township shall be made in writing by the applicant under oath and in the form prescribed by the Township and shall contain the name and address of the applicant. The application shall also contain the address and description of the premises upon which the junkyard is to be operated, the names and addresses of any owner or owners of said property if other than the applicant, any structures erected on the premises and a description of the operation plan for said junkyard. If the applicant is a partnership or association, the application shall furnish the names and addresses of all partners. If the applicant is a corporation, the application shall furnish the names and addresses of each officer and director thereof. The application shall be signed by the applicant, if the applicant is an individual; by all members of the association or partnership, if the applicant is an association or partnership; or by the president and attested by the secretary, if the applicant is a corporation. In addition, any license application for the creation, expansion or modification of a junkyard shall include a plan detailing the proposed junkyard and shall include:

Property setbacks;

Location of public rights-of-way;

All structures within 300 feet of the junkyard;

Driveways;

Entrances;

Current and proposed structures;

Screening;

Buffers;

Gross acreage of the site;

Owner's name and address;

(11)

The applicant's name and address; and

(12)

The preparer of the plan's name and address.

The Township Board of Commissioners may require additional information regarding the plans, depending on site-specific concerns such as topography or neighboring properties. All permits and applications shall include payment of the applicable permit fee.

§ 225-117 Bond required.

A bond in the penal sum as set from time to time by resolution of the Board of Commissioners shall accompany every application for license. The bond shall be executed by a surety company authorized by the laws of Pennsylvania to transact business within the Commonwealth of Pennsylvania. The Township may, in lieu of such surety bond, accept a bond executed by the applicant for license if such bond is secured by the deposit with the Township Secretary of a cashier's check, treasurer's check or certificate of deposit of a banking institution in the total sum as set from time to time by resolution of the Board of Commissioners. The bond shall be renewed and refiled annually, not later than January 1 of each year. The bond shall be executed in favor of the Township of Shaler and shall be for the use of the Township. The term of the bond shall be for one year. A condition of the bond shall be that the applicant shall comply fully with the Comprehensive Emergency Response Compensation and Liability Act of 2000 (42 U.S.C. §§ 9601 to 9675), the Pennsylvania Sites Cleanup Act (35 P.S. §§ 6020.101 to 6020.1305), and all other federal or state brownfields acts so that the property, the expansion, redevelopment or reuse of which is not complicated by the presence or potential presence of hazardous substances, pollutants or contaminants and to further guarantee that any obsolete or unused junkyard, junkyard facility and hazardous substance, pollutant and contaminant shall be removed completely within six months of cessation of use at the sole cost and expense of the applicant. It shall be a further condition of the bond that if, upon and after the issuance of such license, said licensee shall fully and faithfully observe and comply with all of the provisions of this article, all state and federal environmental and pollution statutes and any rules or regulations promulgated by virtue hereof by the Township Board of Commissioners, then the obligation of said bond shall be void; otherwise, it shall remain in full force, virtue and effect.

§ 225-118 Issuance and display of license.

The license provided for in this article shall be issued by the Township after application shall have been made therefor by the person desiring to be licensed. Such license shall state the name of the person to whom such license is issued and the premises from which such business is to be conducted. Such license shall be posted conspicuously upon the premises licensed thereunder. The name of the licensed junk dealer and the number of the license under which he operates shall be placed conspicuously on the outside of every vehicle used for business purposes by such dealer.

§ 225-119 License denial.

The Township shall not issue a license to an applicant to operate or maintain a junkyard in the Township unless the junkyard meets the following conditions:

Junkyards shall be set back at least 500 feet from any preexisting single-family residential district, multifamily residential district, school, church, public building, public recreation facility, hospital, nursing home or day-care facility. On-site residences of the owner or operator are exempted from this provision.

Junkyards shall have a minimum setback from the front property line to the fence of 20 feet. There shall be a minimum setback from the side and rear property lines to the fence of 15 feet.

The junkyard shall comply with all state and federal statutes and shall not be visible from a state or federally funded or maintained thoroughfare at any time of year.

Junkyards shall be surrounded by an opaque wood or masonry fence at least six feet in height.

In addition to the fence, junkyards shall be completely surrounded by vegetation that provides a year-round opaque screen that may reasonably be expected to be at least six feet tall within two years of planting. Plants shall be placed at regular intervals so as to provide a continuous hedgerow without gaps or open spaces. The vegetation shall be maintained as a continuous unbroken hedgerow for the entire period the property is used as a junkyard and shall be planted not more than four feet outside of the required fence. Dead or diseased foliage shall be replaced at the next appropriate planting time. Each owner, operator or person who maintains a junkyard shall use good husbandry techniques, such as pruning and fertilizing, to maintain maximum density and foliage.

The required fence shall enclose all operations, equipment, junk and inoperable motor vehicles at all times unless the junk, equipment or inoperable motor vehicles are in transport to or from the site.

All junkyards shall be maintained to protect the public from health and safety nuisances and hazards.

Types of maintenance actions may include upkeep of the vegetative screen, maintenance of the fence so that there are no holes, keeping all junk and operations within the confines of the fence and keeping machinery in good working order.

§ 225-120 Transfer of license or sale of junkyard.

No license issued under this article shall be transferable or assigned or used by any person other than the person to whom it was issued, and no junk dealer's license issued shall be used at any location other than the location prescribed in the application upon which it is issued.

When a junkyard is sold, the new owner shall promptly notify the Township of any change in ownership and shall apply for a transfer of license prior to operating or maintaining said junkyard.

§ 225-121 License fee.

Every junk dealer or person operating or maintaining or intending to establish or maintain a junkyard shall pay an annual license fee as set forth from time to time by resolution of the Board of Commissioners for every license or renewal thereof issued hereunder. All licenses shall be issued for a term of one year, beginning January 1 and ending December 31 of such year, provided that, in any case where a junk dealer's business shall be established in the Township on or after the first day of July in any year, the license fee payable by such junk dealer for the remainder of such year shall be at half the yearly rate. All licenses must be renewed annually on or before January 1 of each year. Such license shall be issued upon the condition that the same may be summarily revoked in the event the licensee is found to have given any false information or in any way misrepresented any material fact upon which the Township has relied in granting such license. No refunds will be given in such case.

§ 225-122 License limitation.

No person licensed under this shall, by virtue of one license, keep more than one place of business within the Township or maintain more than one junkyard for the purpose of buying, selling and dealing in junk. No person shall engage in business as a junk dealer in any place other than the place designated upon his license or maintain a junkyard in any place other than the place designated upon his license.

§ 225-123 Keeping of records.

Every junk dealer shall provide and shall at all times keep and maintain a book, in which shall be recorded, in the English language, at the time of purchase or receipt of any junk, a description of every article or material purchased, acquired or received by him, the date and hour of such purchase, acquisition or receipt, and the name and address of the person from whom such article or material was purchased or received and a full and complete description, including trade names, serial or manufacturer's numbers, if any, of every article or item of junk purchased, acquired or received by him. Such book and all junk purchased, received or handled by any junk dealer shall at all times be subject to inspection by the Chief of Police or any other official of the Township. Such records shall be retained for a period of five years.

§ 225-124 Required holding period.

Every licensee hereunder shall keep and retain upon the licensed premises, for a period of 24 hours after the purchase, acquisition or receipt thereof, every item or article of junk so purchased, acquired or received by him and placed, kept or stored on the licensed premises. The licensee shall not disturb or reduce or alter the original form, shape or condition of the same until such period of 24 hours has elapsed, except as otherwise provided.

§ 225-125 Maintenance and operation.

Every license hereunder shall constantly maintain the licensed premises in the manner hereinafter prescribed.

Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health and welfare of the community or to residents nearby or a place for the breeding of rodents and vermin.

Such premises shall at all times be maintained in strict conformity with all applicable provisions of the Property Maintenance Code of the Township.

No garbage or other organic waste shall be stored in such premises, and the area used by the junkyard shall not be used as a dump area for trash or garbage.

The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water upon the premises and to facilitate access for firefighting purposes.

Fire lanes with a minimum of 20 feet shall be maintained so that no area of junk shall span a distance of more than 50 feet.

All batteries, coolants, gasoline, diesel fuel, engine oil, any other petroleum product and any other noxious or potentially contaminating materials shall be removed from all junk within 24 hours of arrival to the premises and shall be disposed of in a manner strictly complying with all local, state and federal requirements.

Any activity or operation within the junkyard generating or likely to generate significant noise or vibration, including but not limited to the crushing of vehicles or other material, shall be limited to the hours of 7:00 a.m. to 5:00 p.m.

§ 225-126 Inspections.

Every junkyard in the Township shall at all times be subject to inspection during reasonable hours of the day by the Code Enforcement Officer, who is hereby empowered to inspect private property on which motor vehicles and/or junk are stored and who shall from time to time regularly inspect the premises of every licensee hereunder for the purpose of determining whether said licensee has established and maintained his premises in full compliance with the provisions of this article and such rules and regulations which may hereafter be adopted by the Township of Shaler regulating and licensing junk dealers and the establishment and maintenance of junkyards.

The Code Enforcement Officer shall not less than twice yearly furnish to the Township Board of Commissioners a report of such inspections, in writing, and in the form prescribed by the Board of Commissioners.

§ 225-127 Burning junk.

All burning of junk, rubbish or other material in any junkyard is prohibited except in full compliance with Chapter 95 of the Township Code (relating to outdoor burning).

§ 225-128 Storage near watercourse prohibited.

No junk, scrap or automobile bodies, motors or any other item of junk as defined in this article shall be stored, maintained, situated, placed or otherwise located within 200 feet of any river, stream, run, creek, irrigation ditch or any other natural watercourse within the boundary lines of Shaler Township.

§ 225-129 Zoning provisions prevail.

Nothing herein shall authorize or permit the conduct of any business anywhere in the Township where the same shall not be a permitted use under the terms of this chapter or where the same shall be a prohibited use under this Chapter 225, Zoning, and under no conditions may a person operate or maintain a junkyard in any Residential, Cemetery, Neighborhood Shopping or General Commercial District in the Township.

§ 225-130 Applicability.

The bufferyard requirements established in this subchapter shall apply to all new and expanded R-4 Multifamily, R-5 Apartment, PRD Planned Residential Developments, as well as to all Neighborhood Shopping, Commercial, Industrial and Institutional land uses in the Township approved after this subchapter is adopted.

Screening of all dumpsters, refuse containers and trash containers is required in all R-4 Multifamily, R-5 Apartment, PRD Planned Residential Developments, as well as in all P Professional, NS Neighborhood Shopping, GC General Commercial and I Industrial Zoning Districts.

Screening of all private recyclable containers on private premises not open to the public is required in all R-4 Multifamily, R-5 Apartment, PRD Planned Residential Developments, as well as in all P Professional, NS Neighborhood Shopping, GC General Commercial and I Industrial Zoning Districts.

Bufferyards shall not be required except in R-1 Limited One-Family Districts, R-2 One-Family Districts, or R-3 Two-Family Districts or along those areas where there are 200 feet or more separating adjoining property lines or street right-of-way lines from any improved area, accessory structure, storage area or use of land.

§ 225-131 Submission of conceptual landscape plan.

When an application or improvement on a lot necessitates a zoning or building permit in an R-4 Multifamily, R-5 Apartment, PRD Planned Residential Development, or in an NS Neighborhood Shopping, GC General Commercial and I Industrial Zoning District, a conceptual landscape plan shall also be submitted and shall include, illustrated at scale, the locations of trees, shrubs and ground covers for the following:

All required bufferyards with proposed plantings;

All required planting independent of any bufferyard requirements;

Any planting in excess of the requirements of this subchapter;

Any existing trees or vegetation which are to be preserved;

Any existing trees or vegetation which will be removed;

The location and species of all existing trees six inches in diameter at breast height (DBH). Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more DBH;

The location and description of other landscape improvements, such as earth berms, walls, fences, screens and paved areas; and

Planting and installation details as necessary to insure compliance with all required standards.

The conceptual landscape plan shall also be required in addition to any stormwater management plan. Landscaping associated with any stormwater management solution and applicable to the criteria outlined in § 225-131A above shall be illustrated.

§ 225-132 General landscaping requirements in R-4, R-5 - and PRD Districts.

In all R-4 Multifamily Dwelling Districts, R-5 Apartment Zoning Districts, and PRD Planned Residential Developments:

At least one deciduous tree shall be planted for each dwelling unit.

Tree requirement may be met with a minimum of one deciduous tree per 40 feet of linear street frontage planted in the front yard no closer than 10 feet from the front lot line.

Minimum size for new trees is two-inch DBH.

All yard areas not utilized for off-street parking, driveways, gardens, trees or shrubs or similar uses shall be seeded, sodded, landscaped or paved with a permeable paving material within a reasonable period of time and in no event later than 365 days after the issuance of a building permit.

All dumpsters, refuse containers, trash containers and private recyclable containers in all R-4 Multifamily Dwelling Districts, R-5 Apartment Zoning Districts, and PRD Planned Residential Developments shall be screened completely and stored out of public view in all cases except on collection day.

§ 225-133 Landscaping requirements for off-street parking and service areas in R-4, R-5 and PRD Districts.

In all R-4 Multifamily Dwelling Districts, R-5 Apartment Zoning Districts, and PRD Planned Residential Developments:

A five-foot-wide strip of ground cover, shrubbery, trees or other landscape materials shall be provided between the right-of-way and all open, off-street parking areas.

With the exception of ingress and egress points, said strip shall be landscaped and maintained to prohibit vehicular and pedestrian access.

Landscaping species at their mature heights shall not obstruct visibility for traffic entering or leaving the lot or traveling on the public street/alley.

Trees shall be placed an average of one tree per 40 feet of right-of-way frontage.

All open, off-street parking areas of five or more spaces shall be landscaped. The perimeter of parking areas shall be planted with deciduous canopy trees at a number equal to one tree per 10 perimeter parking spaces and spaced to provide maximum shading of the parking area.

At least one canopy tree per 10 parking spaces shall be provided. This calculation can include perimeter trees and trees within the parking area, depending on the size of the lot and number of spaces.

No parking space can be greater than 60 feet from the trunk of a tree. A minimum of 160 square feet of planting area is required per tree when the tree is within the parking lot.

Where overhead utilities are present, ornamental trees may be substituted at a ratio of three ornamental trees per required canopy tree.

The requirements of this section may be used to satisfy the standards of Township buffer requirements.

Landscape islands and planting strips adjacent to off-street parking areas shall be designed to capture stormwater runoff.

Landscape islands containing trees or other vegetation should be designed with curbing that will allow water to pass into the island for maximum reduction of stormwater runoff. Landscape islands may be enclosed with curbing or a similar device in accordance with Township standards if the paving material of the parking lot is constructed with an approved permeable paving material.

§ 225-134 Landscaping requirements in NS, GC and I Zoning Districts.

All yard areas in all NS Neighborhood Shopping, GC General Commercial and I Industrial nonresidential zoning districts not utilized for off-street parking, driveways, gardens, trees or shrubs or similar uses must be seeded, sodded, landscaped or paved with a permeable paving material within a reasonable period of time and in no event later than 180 days after the issuance of a building permit.

§ 225-135 Nonresidential landscaping for off-street parking and service areas.

[Amended 3-11-2025 by Ord. No. 1987]

In all NS Neighborhood Shopping, GC General Commercial and I Industrial nonresidential zoning districts:

A five-foot-wide strip of ground cover, shrubbery, trees or other landscape materials shall be provided between the right-of-way and all open, off-street parking areas.

With the exception of ingress and egress points, said strip shall be landscaped and maintained to prohibit vehicular and pedestrian access.

Landscaping species at their mature heights shall not obstruct visibility for traffic entering or leaving the lot or traveling on the public street/alley.

Trees shall be placed an average of one tree per 40 feet of right-of-way frontage.

All open, off-street parking areas of five or more spaces shall be landscaped.

Perimeter landscaping.

The perimeter of parking areas (perimeter includes front, side, and rear lot lines) shall be planted with deciduous trees at a number equal to one tree per 10 perimeter parking spaces and spaced to provide maximum shading of the parking area.

Interior landscaping.

Landscaping species at their mature heights shall not obstruct visibility for traffic within the lot, entering or leaving the lot, or traveling on the public street/alley. This includes any obstruction of clear sight triangles.

For lots with twenty or more proposed parking spaces:

At least one tree per five parking spaces shall be provided. This calculation can include perimeter trees and trees within the parking area, but at least 65% of the required parking lot trees shall be provided within the interior of the surface parking lot.

No parking space can be greater than 60 feet from the trunk of a tree. A minimum of 160 square feet of planting area is required per tree when the tree is within the parking lot.

There may be no more than 15 contiguous parking spaces before a landscape island is proposed.

Landscaping islands shall be at least eight feet wide, and at least 160 square feet in size. Landscaping islands must incorporate plantings in addition to trees, including shrubs, perennials, and groundcover, as appropriate.

[5]

Interior landscaping plans should consider pedestrian access and circulation in the lot. Landscaping islands may be utilized to incorporate pedestrian crossings and accessways.

[6]

Where overhead utilities are present, ornamental trees may be substituted at a ratio of three ornamental trees per required tree.

[7]

The requirements of this section may be used to satisfy the standards of Township buffer requirements.

For lots with less than 20 proposed parking spaces:

At least one tree per 10 parking spaces shall be provided. This calculation can include perimeter trees and trees within the parking area, depending on the size of the lot and number of spaces.

No parking space can be greater than 60 feet from the trunk of a tree. A minimum of 160 square feet of planting area is required per tree when the tree is within the parking lot.

Where overhead utilities are present, ornamental trees may be substituted at a ratio of three ornamental trees per required tree.

The requirements of this section may be used to satisfy the standards of Township buffer requirements.

Perimeter and interior landscaping suggested plantings.

The species of landscape shrubs, groundcovers, and/or small trees to be included within the perimeter and interior landscaping of the parking lot shall only consist of plant species that are not listed on the invasive species list available from DCNR (https://elibrary.dcnr.pa.gov/GetDocument?docId=2700788&DocName=dcnr_20033786.pdf). Suggested plant species can be found in Attachment 9 of the ordinance.[1] Plants not included on the lists in Attachment 9 can be suggested and approved as part of the overall site design approval process.

Editor's Note: Attachment 9 is on file in the Township offices.

Landscape islands and planting strips adjacent to off-street parking areas shall be designed to capture stormwater runoff.

Landscape islands containing trees or other vegetation should be designed with curbing that will allow water to pass into the island for maximum reduction of stormwater runoff.

Landscape islands may be enclosed with curbing or a similar device in accordance with Township standards, if the paving material of the parking lot is constructed with an approved permeable paving material.

§ 225-136 Screening and bufferyards for R-4, R-5, PRD, P, NS, GC and I Zoning Districts.

Applicability. The screening requirements of this section shall apply to all dumpsters, trash containers and private recyclable containers in all R-4 Multifamily, R-5 Apartment, PRD Planned Residential Development, P Professional, NS Neighborhood Shopping, GC General Commercial and I Industrial Zoning Districts.

Screening requirement.

All dumpsters on all public and private premises in all R-4 Multifamily, R-5 Apartment, PRD Planned Residential Development, P Professional, NS Neighborhood Shopping, GC General Commercial and I Industrial Zoning Districts shall be screened completely and stored out of public view in all cases:

The screening shall be of sufficient height and density to completely hide the dumpster from public view.

This provision shall apply to all dumpsters, whether public or private.

Refuse containers, trash containers and private recyclable containers on all private premises in all R-4 Multifamily, R-5 Apartment, PRD Planned Residential Development, P Professional, NS Neighborhood Shopping, GC General Commercial and I Industrial Zoning Districts that are not stored inside a garage shall be screened to hide the entire trash container or private recyclable container from public view except on collection day:

The screening shall be of sufficient height and density to completely hide the refuse, trash and private recyclable containers from public view.

All screening corrals shall be permanently affixed to the ground and shall consist of either fencing or vegetation.

Placement for collection:

Trash containers and private recyclable containers may be placed in the front yard or at the curbline commencing at 4:00 p.m. on the day preceding the day designated for the pickup of trash and recyclable materials.

The resident, owner, person or occupant in charge of the property from where the trash or private recyclable materials has been picked up shall remove or cause to be removed from the curbline or front yard and shall cause to be placed out of view from the street the emptied trash, garbage, rubbish, recyclable materials or other refuse container or private recyclable containers no later than 12:00 midnight on the day of pickup.

Trash containers and private recyclable containers in the above zoning districts must not be visible to public view on noncollection days.

Public recycling containers situated on premises open to the public are exempt from the screening requirement of this subchapter.

Bufferyards in the R-4 Multifamily Dwelling District, the R-5 Apartment Zoning District, in PRD Planned Residential Developments, as well as in all nonresidential zoning districts, shall comply with the buffering and screening requirements on the attached chart.

Buffers shall be of such nature and density so as to screen activities, structures and uses on the property from view from the normal level of a first-story window on an abutting lot at 75% opacity and shall provide a year-round effective visual screen.

Buffers required along lot lines shall extend to the street right-of-way line unless the buffer would encroach on a line-of-sight triangle.

In situations where the required buffer width is partially or completely contained within an existing easement (e.g., power or natural gas transmission, etc.), the screening requirements shall be met outside of the easement area.

Buffers where vegetation is nonexistent or is inadequate to meet the screening requirements shall be planted so as to provide a year-round screen.

Plantings shall consist of evergreen and deciduous trees native to the region. Deciduous trees shall be two inches in diameter and evergreen trees shall be at least six feet in height. Evergreen trees planted shall be a minimum of six feet in height at time of planting and shall be a species which will achieve a height of at least 20 feet at maturity. All shrubs planted shall be a minimum of three feet in height at time of planting and shall be a species which will achieve a height of at least six feet at maturity.

All plantings in buffers shall be limited to 34% of one genus of tree or shrub.

Nonvegetative materials utilized to satisfy screening requirements, in addition to the use of existing vegetation and/or supplemental plantings, may consist of buffer walls, fences, earthen berms or any combination thereof. If walls or fences are to be utilized, their placement and installation shall be such so as to have minimal disturbance of existing vegetation and located to provide an effective visual screen.

A buffering wall must be a maximum of 12 inches wide, a maximum of four feet high and placed a minimum of three feet from the lot line. Buffering walls over four feet in height must be designed and sealed by a professional engineer.

A fence six feet in height may be placed as a buffer, and said fence may be placed at the lot line. Fencing shall meet minimum opacity requirements.

Service/utility areas:

Service areas and equipment/structures related to garbage collection, utilities, communications and the like shall be screened from public rights-of-way and adjoining property through the use of landscaping, berming and/or fencing or a combination thereof that creates 75% opacity so as to block any view of the service areas and equipment/structures from all points from the public right-of-way and adjoining property when viewed from ground level.

Landscaping three to four feet in height with at least 75% opacity shall be provided in order to screen the portion of the parking exposed.

§ 225-137 Replacement requirements.

Vegetation that is required to be planted or preserved by this subchapter shall be replaced with equivalent vegetation if it is not living within one year of issuance of a certificate of occupancy. Preserved trees which subsequently die shall be replaced by the requisite number of living trees in according with the standards set forth in this subchapter.

§ 225-138 Storage requirements of refuse, trash and private recyclable containers in R-1, R-2 or R-3 District.

In all R-1 Limited One-Family, R-2 One-Family, or R-3 Two-Family Districts, all refuse containers, trash containers and private recyclable containers on noncollection days shall be stored either inside a garage or shall be located or placed behind the front facade line of the dwelling.

Where a lot has more than one frontage on a street or trafficway, all refuse containers, trash containers and private recyclable containers on noncollection days shall be stored either inside a garage or shall not be situated or placed beyond the front facade line on any side of the dwelling adjacent to any street or trafficway.

Placement for collection:

The resident, owner, person or occupant in charge of the property from where the trash or private recyclable materials has been picked up shall remove or cause the emptied containers to be removed from the curbline or front yard and shall cause the emptied containers to be placed or stored either inside a garage or behind the front facade line of the dwelling no later than 12:00 midnight on the day of pickup.

§ 225-139 Enforcement and maintenance.

The Township Code Enforcement Officer shall enforce the requirements of this subchapter. Occupancy permits shall not be issued until an applicant completes the landscaping requirements of this subchapter. An approved applicant shall guarantee the plants for one year or the owner will replace them. The property owner shall maintain all trees and vegetation.

The Township Code Enforcement Officer may issue a temporary occupancy permit to those applicants from November 1 to March 1 if inclement weather delays a project. Requests for a temporary occupancy shall also be approved by the Township Manager.

§ 225-140 Coordination with other Township ordinances.

A landowner and/or developer shall be responsible for all other landscape and bufferyard requirements related to property maintenance as identified in the Township Code.

§ 225-141 Conflict.

If the provisions of this subchapter conflict with other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.

Where a discrepancy exists between any chart attached to this subchapter and that which is described in the text of this subchapter, the text of the subchapter controls and shall be the final authority.[1]

COLLOCATED WIRELESS COMMUNICATIONS FACILITY (COLLOCATED WCF)

Editor's Note: See Chart of Screening and Buffering Requirements attached to this chapter.

§ 225-142 Location on the property.

Non-corner lots. On non-corner lots, a swimming pool shall be located directly behind the applicant's dwelling and shall be set back a minimum of 10 feet from all property lines.

Corner lots abutting two streets. On corner lots abutting two streets, a swimming pool shall be located behind the rear facade line of the applicant's dwelling and shall be set back a minimum of 10 feet from any non-street-abutting property line.

No swimming pool or appurtenances, including decks and shelters, shall be erected nearer to any property line than a building could be erected in the same use district as set forth in this chapter.

No swimming pool shall be so located as to interfere with the operation of a well or on-site septic system or to be located where there is a potential danger of a septic system discharging into the pool or onto the adjacent area around the pool.

No swimming pool or appurtenances shall be erected within a public right-of-way or municipal easement unless the applicant has first entered into a license agreement allowing the structure to be located within the public right-of-way under terms and conditions agreed to by Shaler Township and its Municipal Solicitor.

§ 225-143 Possession, sale and use of ground and handheld sparkling devices, novelties and toy caps.

The sale of ground and handheld sparkling devices, novelties and toy caps shall be a permitted use in all NS Neighborhood Shopping Districts, in all GC General Commercial Districts and in all I Industrial Zoning Districts in the Township.

The possession and use of ground and handheld sparkling devices, novelties and toy caps shall be permitted in all zoning districts in the Township.

Shaler Township City Zoning Code

ARTICLE IX

Supplemental Regulations

§ 225-70 Definitions.

ANTENNA

Wireless communications facilities, collocated on existing structures, that do not require the installation of a new or replacement wireless support structure.

COLLOCATION

The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing WCF that does not substantially change the physical dimensions of such WCF, involving:

Collocation of new transmission equipment;

Removal of transmission equipment; or

Replacement of transmission equipment.

EMERGENCY

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or related equipment are located.

FCC

Federal Communications Commission.

MODIFICATION or MODIFY

RELATED EQUIPMENT

REPLACEMENT OF A WIRELESS COMMUNICATIONS FACILITY (REPLACEMENT OF A WCF)

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)

A wireless communications facility that meets the following qualifications:

Each antenna associated with the wireless communications facility is no more than three cubic feet in volume.

The volume of all other equipment associated with the wireless communications facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet.

STEALTH TECHNOLOGY

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

A modification substantially changes the physical dimensions of a support structure if it meets the criteria established by 47 CFR 1.6100.

TECHNICALLY FEASIBLE

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

UTILITY POLE

WIRELESS COMMUNICATIONS FACILITY (WCF)

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.

WIRELESS SUPPORT STRUCTURE

§ 225-71 Purpose.

Address new wireless technologies, including, but not limited to, small cells, distributed antenna systems, data collection units, and other wireless communications facilities.

Encourage applicants to collocate their wireless communications facilities on existing wireless support structures and other tall structures.

Promote the health, safety and welfare of the Township's residents.

Address recent changes in federal and state law governing local regulations of wireless communications facilities.

§ 225-72 General requirements for all wireless communications facilities.

The following regulations shall apply to all wireless communications facilities located within the Township:

Standard of care.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

§ 225-73 Specific requirements for collocated wireless communications facilities.

The following regulations shall apply to collocated WCFs that do not meet the definition of a "small WCF":

Location requirements. Collocated WCFs shall be permitted outside the public rights-of-way in all zoning districts as a permitted use.

Application requirements. Applications for collocated WCFs shall include the following:

The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed collocated WCF.

The manufacturer and model, proposed location, and physical dimensions of each piece of equipment proposed as part of the collocated WCF.

An aerial photograph of the proposed site showing the area within 500 feet of the collocated WCF. The aerial photograph shall identify all structures within such radius.

A report by a qualified engineering expert which shows that the collocated WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

A certificate of insurance as required by § 225-73G.

All application fees required by the Township as detailed in the Township fee schedule.

Development regulations.

Collocated WCFs shall not be located on any single-family dwelling or two-family dwelling.

A collocated WCF shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

Timing of approval.

All abandoned or unused WCFs and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

§ 225-74 Specific requirements for tower-based wireless communications facilities.

The following regulations shall apply to all tower-based wireless communications facilities that do not meet the definition of a "small WCF":

Location requirements.

Tower-based WCFs may be located on public property in any zoning district if authorized by the Township.

Tower-based WCFs may be located outside the rights-of-way as a conditional use in the following zoning districts, subject to the requirements of this § 225-74:

C Cemetery District.

GC General Commercial.

I Industrial.

Application requirements.

The WCF applicant shall submit with its conditional use application a tower-based WCF site plan or survey of the property certified by an engineer or architect.

The WCF applicant shall submit with its conditional use application, a report by a certified engineer documenting the following:

A proposed search ring shown on the official Township Wireless Communications Facility Map.

Total anticipated capacity of the site, including number and types of antennas which can be accommodated.

Evidence of structural integrity of the wireless support structure meeting the TIA/EIA-222-F standard.

Failure characteristics of the wireless support structure and demonstration that the site and setbacks are of adequate size to accommodate debris.

All load hazards and mitigation measures which have been employed, including but not limited to increased setbacks and/or deicing equipment.

Specific design and construction plans indicating the means by which shared-use requirements shall be met.

A geotechnical report by a certified soils engineer certifying the subsurface soil conditions of the tower-based WCF site.

All WCF applicants for approval of a tower-based WCF shall submit, in addition to the foregoing requirements of this section, the following:

A statement from the FCC that the application complies with the regulations of the Commission or a statement that no such compliance is necessary.

WCF applicant's letter of intent to lease excess space on the wireless support structure in conformance with the provisions for shared use contained in this section.

Such conditional use application fees as set by resolution of the Board.

The WCF applicant shall request the following information for collocation from each owner contacted:

Identification of the site by location, existing uses and tower-based WCF height.

If shared use is possible, based on Subsection D(3)(c) and (d) above, the fee an owner of any existing or planned tower-based WCF would charge for such shared use.

Prior to granting a conditional use application for a tower-based WCF, the WCF applicant shall agree:

To lease any additional space on the tower-based WCF to other companies at the fair market rate.

To construct the tower-based WCF to accommodate a certain number of antennas or as many as technically feasible.

Development regulations.

A distance of 150% of the tower-based WCF height from any property line; or

Design regulations.

In addition to the other design requirements enumerated in this section, the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

The tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer, if such anti-climbing device is deemed necessary by the Township Board.

Surrounding environs. 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.

Access to the tower-based WCF shall be restricted and shall be through a locked gate in the required fence or wall.

Collocation and sharing. All tower-based WCFs shall be designed to structurally accommodate the maximum number of antennas technically feasible, but in no case less than the following:

Such other combination as found by the Board to provide the maximum possible number of foreseeable users.

Such requirements may be reduced if either:

The FCC provides a written statement that no more licenses for those broadcast frequencies that could use the wireless support structure will be available in the foreseeable future; or

Height. The WCF applicant shall demonstrate to the reasonable satisfaction of the Board that the height of the tower-based WCF is the lesser of:

125 feet above ground level; or

Maintenance. The following maintenance requirements shall apply:

All maintenance shall be performed to ensure the upkeep of the tower-based WCF in order to promote the safety and security of the Township's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

Timing of approval.

Annual inspection.

The annual inspection shall include a photograph of the tower-based WCF site showing or depicting all appendant structures, including all antennas and antenna arrays.

§ 225-75 Specific requirements for small wireless communications facilities.

The following regulations shall apply to all small wireless communications facilities:

Location standards.

C Cemetery District.

GC General Commercial.

Industrial.

Application requirements.

Applications for small WCFs shall be submitted to the Township Zoning Officer.

Applications for small WCFs shall include the following:

The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.

A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.

If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.

The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.

An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.

A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

A certificate of insurance as required by § 225-75L.

(j)

All application fees required by the Township as detailed in the Township fee schedule.

Timing of approval.

Power poles;

Traffic signage poles without traffic signals;

Traffic signal poles;

Decorative light poles.

Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Township.

Editor's Note: See 53 P.S. § 11704.1 et seq.

§ 225-81 Large domestic animals.

Types. Large domestic animals include horses, cattle, sheep, alpaca, goats, ponies, oxen and other similar size animals unless otherwise specified.

Cattle, pigs or oxen, one acre each;

Horses, ponies or alpacas, 1/2 acre each;

Sheep, goats or llamas, 1/4 acre each; provided that unweaned young will not be counted.

§ 225-82 Small domestic animals.

Types. Small domestic animals (mammals and fowl) include ducks, geese, swans, chickens and other similar animals unless otherwise specified.

Limitations. No more than 10 small domestic animals may be kept on a minimum lot size of 1/2 acre.

Shelter. Small domestic animals shall be sheltered in a clean structure which shall be located at least 30 feet away from any property line.

§ 225-83 Small domestic pets.

Types. Household pets include animals such as dogs, cats, hamsters, birds and rabbits.

The period of said fostering is a maximum of 90 days per animal.

Shelter. Household pets shall be sheltered in the dwelling unit or in a clean structure located within the building setback lines of the accompanying lot.

§ 225-84 Exemptions.

Exempt from the provisions of this chapter are commercial and industrial equipment, trailers and vehicles of:

Commercial vehicles parked for the purpose of making deliveries or improvements to a property or street location.

Commercial vehicles parked for up to 48 hours if the vehicle is involuntarily parked because of mechanical failure or other emergency.

§ 225-85 Commercial vehicles and commercial equipment in residential districts.

Editor's Note: Table 1, Chart of Prioritized Parking and Storage Locations for Commercial Vehicles and Equipment, is attached to this chapter.

Number of commercial vehicles or equipment permitted. Only two commercial vehicles may be parked on a residential lot at any time.

Improved surface required. Parking or storage of any recreational vehicle on any residential lot shall be on an improved surface to minimize mud tracking onto roadways.

Screen the entire length of the commercial vehicle or commercial equipment; and

If said commercial vehicle or commercial equipment is located on a trailer, both the commercial vehicle and the commercial equipment as well as the trailer shall be screened.

Editor's Note: Table 1, Chart of Prioritized Parking and Storage Locations for Commercial Vehicles and Equipment, is attached to this chapter.

Screening not required. The screening requirements of this section do not apply to a commercial vehicle:

Parked temporarily while actively engaged in loading or unloading passengers, merchandise or materials.

Parked for up to 48 hours if the vehicle is involuntarily parked because of mechanical failure or other emergency.

§ 225-86 Commercial vehicles and commercial equipment in nonresidential districts on site owned by business.

Commercial vehicles and commercial equipment parked or stored on nonresidential lots on a site owned by the business shall comply with the following requirements:

Parking shall be on an improved surface to minimize mud tracking onto roadways.

§ 225-87 Commercial vehicles and commercial equipment in nonresidential districts on sites not owned by business.

Commercial vehicles and commercial equipment parked or stored on nonresidential lots on a site not owned by the business shall comply with the following requirements:

Parking shall be on an improved surface to minimize mud tracking onto roadways.

The requirements set forth above shall not apply to:

Commercial vehicles or commercial equipment parked within a licensed salvage yard or junkyard.

§ 225-88 Parking restrictions for recreational vehicles.

Parking of recreational vehicles on residential streets and highways.

No recreational vehicle in any residential district shall be parked or stored upon any Township street or highway except as provided in this chapter.

No recreational vehicle in any residential district shall be parked on a street or highway within 50 feet of any intersection or crosswalk at any time.

Parking of recreational vehicles on residential lots.

No recreational vehicle shall be parked or stored on a residential lot in any residential district except as provided in this chapter.

Editor's Note: Table 2, Chart of Prioritized Parking and Storage Locations for Recreational Vehicles, is attached to this chapter.

Ownership of recreational vehicle. The owner and operator of a recreational vehicle shall reside on the residential lot where the recreational vehicle is parked or stored.

Number of recreational vehicles permitted. Only two recreational vehicles may be parked on a residential lot at any time.

Improved surface required. Parking or storage of any recreational vehicle on any residential lot shall be on an improved surface to minimize mud tracking onto roadways.

Screen the entire length of the recreational vehicle; and

Editor's Note: Table 2, Chart of Prioritized Parking and Storage Locations for Recreational Vehicles, is attached to this chapter.

Screening not required. The screening requirements of this section shall not apply to:

A recreational vehicle parked for a period of up to 48 hours if the recreational vehicle is involuntarily parked because of mechanical failure or other emergency.

Recreational equipment and personal watercraft.

§ 225-89 Other recreational vehicle requirements.

Recreational vehicles shall be operable and maintained. Recreational vehicles shall be maintained and carry up-to-date registrations and applicable safety inspections.

Recreational vehicles shall not be parked on slopes greater than 15%, in designated open spaces or recreational areas, in sensitive natural resource areas, or in floodways.

Unless the International Building Code or International Fire Code dictate otherwise, there shall be no minimum building separation for recreational vehicles.

§ 225-90 Exceptions.

§ 225-91 Nonconforming commercial and recreational vehicles; effective date.

[Amended 2-10-2015 by Ord. No. 1931]

§ 225-92 Limitations and regulations for dumpsters and PODS®. [1]

Dumpsters and PODS® may be constructed or placed on private property in a residential district in the Township under the following conditions:

Debris must be placed inside the dumpster, not along a side or on top of it.

No property owner or agent for the property owner shall be allowed to apply for more than one dumpster permit and one PODS® permit per year per property.

All dumpsters and PODS® shall be appropriately labeled as to the date the permit was issued and the date of required removal, representing the maximum time period for use under the permit.

Editor's Note: PODS® is a registered trademark; it is used generically to refer to "portable on-demand storage."

§ 225-93 Use following natural disaster.

§ 225-94 Storage of certain materials prohibited.

§ 225-95 Number and size of dumpsters and PODS®.

Absent a catastrophe, a natural disaster or a building permit justifying the need, only one PODS® or only one dumpster shall be permitted on a residential lot at a time.

A dumpster may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.

A PODS® may not exceed eight feet in height, eight feet in width or 16 feet in length.

§ 225-96 Condition of dumpsters and PODS®.

§ 225-97 Locations.

If the property does not have a driveway.

If the property is a corner lot.

§ 225-98 Advertising.

Advertising is prohibited on either a dumpster or a PODS® with the exception of the name and phone number of the unit's supplier, which is required.

§ 225-99 Requirements for issuance of permit.

The applicant applies for a permit prior to the expiration of the initial thirty-day period that the dumpster or POD® has been located on such property;

The applicant has proceeded expeditiously in the usage of the dumpster or PODS® that has been located on such property;

That any unnecessary hardship has not been created by the applicant; and

Extensions beyond 60 days cannot be granted by the Code Enforcement Officer unless a site plan is approved by the Township Board of Commissioners.

§ 225-100 Removal.

§ 225-101 Applicability.

§ 225-102 Exemptions.

This article shall not apply to any fence or wall constructed on a governmental, municipal or public utility facility for public safety purposes or as a requirement of a state or federal agency.

§ 225-103 Special exceptions.

§ 225-104 Nonconforming fences and walls.

All legal nonconforming fences and walls in existence prior to the effective date of this article are permitted to continue, subject to the following provisions:

No such nonconforming fence or wall may be enlarged or altered in a way which increases its nonconformity.

No such nonconforming fence or wall may be structurally altered so as to change the shape, size, type or design of the fence or wall.

§ 225-105 Permit required for certain retaining walls.

No permit or permit application is required for:

Retaining walls that are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

Fences not over six feet (1829 mm) high.

Repairs to an existing fence or wall with no structural changes.

The installation of gates up to eight feet in width in an existing fence or wall with no structural change.

Planting of continuous hedgerows, living fences or similar landscape features.

§ 225-106 Permit application.

Applications for permits shall be made upon forms provided by the Building Department.

The following information and materials shall be provided with the application:

The sealed lot survey shall include the location of all existing and proposed walls, structures, easements and setback dimensions.

A fee in such amount as set from time to time by resolution of the Board of Commissioners shall be paid.

§ 225-107 Location of fences, walls and hedges.

All fences, walls and hedges shall not be placed in any manner to hinder access to an easement.

All fences, walls and hedges shall not be erected in a manner that obstructs the free flow of surface water within or across the lot to which it is associated or the adjacent lots.

Where a nonresidential use abuts a residential use, a fence, retaining wall or enclosure wall on the nonresidential lot shall be set back a minimum of 10 feet from the residential property line.

Fences or walls over two feet in height which are abutting a public sidewalk or public right-of-way shall be set back a minimum of two feet from the public sidewalk or public right-of-way.

§ 225-108 Height of fences and walls.

Fences.

Except as provided herein, the maximum height of a fence in all zoning districts in the Township is six feet in height.

The maximum height of a fence in a residential district, erected between the front building line and the front property line, is four feet in height.

Where a fence is erected on a retaining wall, the maximum height of the fence is six feet in height, separate and distinct from the height of the retaining wall.

The Code Enforcement Officer may require that any fence be a lesser height when a higher fence creates a traffic hazard or obstructs visibility at an intersection.

Walls.

Enclosure walls.

Except as provided herein, the maximum height of an enclosure wall in a residential district in the Township is six feet in height.

The maximum height of an enclosure wall in a residential district erected between the front building line and the front property line is four feet in height.

The Code Enforcement Officer may require that an enclosure wall be a lesser height when a higher enclosure creates a traffic hazard or obstructs visibility at an intersection.

Retaining walls.

The maximum height of a retaining wall in a residential district in the Township, erected on a property line, is four feet in height.

The maximum height of a retaining wall in a nonresidential district abutting a residential district in the Township, erected on a property line, is four feet in height.

§ 225-109 Measurement of fences and walls.

Fences and enclosure walls shall be measured from the mean level of the ground surrounding the fence or the enclosure wall to the highest point of such fence or enclosure wall.

Retaining walls shall be measured from the bottom of the footing to the top of the wall.

§ 225-110 Setbacks of fences and walls.

Fences or walls over two feet in height which are abutting a public sidewalk or public right-of-way should be set back a minimum of two feet from the public sidewalk or public right-of-way.

Setbacks for retaining walls (see Exhibit I[1]).

A retaining wall which is not over four feet in height may be placed on a property line, provided the retaining wall is not in a public right-of-way area.

Where the difference in elevation to be retained is more than eight feet, the retaining wall shall be stepped back in segments of approximately equal height.

The maximum setback required for an engineered retaining wall of any height is 10 feet from all property lines.

The maximum height of any retaining wall shall be determined in accordance with the attached Exhibit A which illustrates how maximum height is to be measured.[2]

Editor's Note: Exhibit A is located in "Street and Building Details" attached to this chapter.

Editor's Note: Exhibit I, Retaining Wall Layout, is attached to this chapter.

§ 225-111 Materials, construction and drainage.

All walls shall comply with all requirements of the Uniform Construction Code.

Decorative/finished side of fences and walls:

Masonry enclosure walls shall be finished in a similar manner on all sides.

In order to soften the appearance of the wall, hanging and/or climbing vegetation shall be planted on the retaining wall.

§ 225-112 Maintenance.

The owner of a property where a fence or wall is located is responsible for maintenance of both sides of the fence or enclosure wall.

§ 225-113 Inspections.

§ 225-114 Prohibited acts.

Except where permitted or otherwise authorized by special exception or conditional use in a district of the Township, after enactment of this article:

No person shall engage in the business of buying and selling junk or to accumulate, salvage, collect, store or dispose of junk in the Township without first obtaining a license to do so.

No person shall operate or maintain a junkyard in the Township without first obtaining a license to do so.

No person shall operate upon any of the streets, roads, alleys and ways of the Township of Shaler, whether from a vehicle or upon foot, as a scavenger or an itinerant buyer or seller of junk.

No person shall engage in business as a junk dealer in any place other than the place designated upon his license.

No person shall have, keep, store or maintain any motor vehicle, construction equipment, farm machinery or equipment, or motorcycles on any public land in the Township of Shaler.

From and after the enactment of this article, in all residential zoning districts:

§ 225-115 License required.

§ 225-116 Application for license.

Property setbacks;

Location of public rights-of-way;

All structures within 300 feet of the junkyard;

Driveways;

Entrances;

Current and proposed structures;

Screening;

Buffers;

Gross acreage of the site;

Owner's name and address;

(11)

The applicant's name and address; and

(12)

The preparer of the plan's name and address.

§ 225-117 Bond required.

§ 225-118 Issuance and display of license.

§ 225-119 License denial.

The Township shall not issue a license to an applicant to operate or maintain a junkyard in the Township unless the junkyard meets the following conditions:

Junkyards shall have a minimum setback from the front property line to the fence of 20 feet. There shall be a minimum setback from the side and rear property lines to the fence of 15 feet.

The junkyard shall comply with all state and federal statutes and shall not be visible from a state or federally funded or maintained thoroughfare at any time of year.

Junkyards shall be surrounded by an opaque wood or masonry fence at least six feet in height.

All junkyards shall be maintained to protect the public from health and safety nuisances and hazards.

§ 225-120 Transfer of license or sale of junkyard.

When a junkyard is sold, the new owner shall promptly notify the Township of any change in ownership and shall apply for a transfer of license prior to operating or maintaining said junkyard.

§ 225-121 License fee.

§ 225-122 License limitation.

§ 225-123 Keeping of records.

§ 225-124 Required holding period.

§ 225-125 Maintenance and operation.

Every license hereunder shall constantly maintain the licensed premises in the manner hereinafter prescribed.

Such premises shall at all times be maintained in strict conformity with all applicable provisions of the Property Maintenance Code of the Township.

No garbage or other organic waste shall be stored in such premises, and the area used by the junkyard shall not be used as a dump area for trash or garbage.

Fire lanes with a minimum of 20 feet shall be maintained so that no area of junk shall span a distance of more than 50 feet.

§ 225-126 Inspections.

§ 225-127 Burning junk.

All burning of junk, rubbish or other material in any junkyard is prohibited except in full compliance with Chapter 95 of the Township Code (relating to outdoor burning).

§ 225-128 Storage near watercourse prohibited.

§ 225-129 Zoning provisions prevail.

§ 225-130 Applicability.

§ 225-131 Submission of conceptual landscape plan.

All required bufferyards with proposed plantings;

All required planting independent of any bufferyard requirements;

Any planting in excess of the requirements of this subchapter;

Any existing trees or vegetation which are to be preserved;

Any existing trees or vegetation which will be removed;

The location and species of all existing trees six inches in diameter at breast height (DBH). Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more DBH;

The location and description of other landscape improvements, such as earth berms, walls, fences, screens and paved areas; and

Planting and installation details as necessary to insure compliance with all required standards.

§ 225-132 General landscaping requirements in R-4, R-5 - and PRD Districts.

In all R-4 Multifamily Dwelling Districts, R-5 Apartment Zoning Districts, and PRD Planned Residential Developments:

At least one deciduous tree shall be planted for each dwelling unit.

Tree requirement may be met with a minimum of one deciduous tree per 40 feet of linear street frontage planted in the front yard no closer than 10 feet from the front lot line.

Minimum size for new trees is two-inch DBH.

§ 225-133 Landscaping requirements for off-street parking and service areas in R-4, R-5 and PRD Districts.

In all R-4 Multifamily Dwelling Districts, R-5 Apartment Zoning Districts, and PRD Planned Residential Developments:

A five-foot-wide strip of ground cover, shrubbery, trees or other landscape materials shall be provided between the right-of-way and all open, off-street parking areas.

With the exception of ingress and egress points, said strip shall be landscaped and maintained to prohibit vehicular and pedestrian access.

Landscaping species at their mature heights shall not obstruct visibility for traffic entering or leaving the lot or traveling on the public street/alley.

Trees shall be placed an average of one tree per 40 feet of right-of-way frontage.

No parking space can be greater than 60 feet from the trunk of a tree. A minimum of 160 square feet of planting area is required per tree when the tree is within the parking lot.

Where overhead utilities are present, ornamental trees may be substituted at a ratio of three ornamental trees per required canopy tree.

The requirements of this section may be used to satisfy the standards of Township buffer requirements.

Landscape islands and planting strips adjacent to off-street parking areas shall be designed to capture stormwater runoff.

§ 225-134 Landscaping requirements in NS, GC and I Zoning Districts.

§ 225-135 Nonresidential landscaping for off-street parking and service areas.

[Amended 3-11-2025 by Ord. No. 1987]

In all NS Neighborhood Shopping, GC General Commercial and I Industrial nonresidential zoning districts:

A five-foot-wide strip of ground cover, shrubbery, trees or other landscape materials shall be provided between the right-of-way and all open, off-street parking areas.

With the exception of ingress and egress points, said strip shall be landscaped and maintained to prohibit vehicular and pedestrian access.

Landscaping species at their mature heights shall not obstruct visibility for traffic entering or leaving the lot or traveling on the public street/alley.

Trees shall be placed an average of one tree per 40 feet of right-of-way frontage.

All open, off-street parking areas of five or more spaces shall be landscaped.

Perimeter landscaping.

Interior landscaping.

For lots with twenty or more proposed parking spaces:

No parking space can be greater than 60 feet from the trunk of a tree. A minimum of 160 square feet of planting area is required per tree when the tree is within the parking lot.

There may be no more than 15 contiguous parking spaces before a landscape island is proposed.

[5]

Interior landscaping plans should consider pedestrian access and circulation in the lot. Landscaping islands may be utilized to incorporate pedestrian crossings and accessways.

[6]

Where overhead utilities are present, ornamental trees may be substituted at a ratio of three ornamental trees per required tree.

[7]

The requirements of this section may be used to satisfy the standards of Township buffer requirements.

For lots with less than 20 proposed parking spaces:

At least one tree per 10 parking spaces shall be provided. This calculation can include perimeter trees and trees within the parking area, depending on the size of the lot and number of spaces.

No parking space can be greater than 60 feet from the trunk of a tree. A minimum of 160 square feet of planting area is required per tree when the tree is within the parking lot.

Where overhead utilities are present, ornamental trees may be substituted at a ratio of three ornamental trees per required tree.

The requirements of this section may be used to satisfy the standards of Township buffer requirements.

Perimeter and interior landscaping suggested plantings.

Editor's Note: Attachment 9 is on file in the Township offices.

Landscape islands and planting strips adjacent to off-street parking areas shall be designed to capture stormwater runoff.

Landscape islands containing trees or other vegetation should be designed with curbing that will allow water to pass into the island for maximum reduction of stormwater runoff.

§ 225-136 Screening and bufferyards for R-4, R-5, PRD, P, NS, GC and I Zoning Districts.

Screening requirement.

The screening shall be of sufficient height and density to completely hide the dumpster from public view.

This provision shall apply to all dumpsters, whether public or private.

The screening shall be of sufficient height and density to completely hide the refuse, trash and private recyclable containers from public view.

All screening corrals shall be permanently affixed to the ground and shall consist of either fencing or vegetation.

Placement for collection:

Trash containers and private recyclable containers in the above zoning districts must not be visible to public view on noncollection days.

Public recycling containers situated on premises open to the public are exempt from the screening requirement of this subchapter.

Buffers required along lot lines shall extend to the street right-of-way line unless the buffer would encroach on a line-of-sight triangle.

Buffers where vegetation is nonexistent or is inadequate to meet the screening requirements shall be planted so as to provide a year-round screen.

All plantings in buffers shall be limited to 34% of one genus of tree or shrub.

A fence six feet in height may be placed as a buffer, and said fence may be placed at the lot line. Fencing shall meet minimum opacity requirements.

Service/utility areas:

Landscaping three to four feet in height with at least 75% opacity shall be provided in order to screen the portion of the parking exposed.

§ 225-137 Replacement requirements.

§ 225-138 Storage requirements of refuse, trash and private recyclable containers in R-1, R-2 or R-3 District.

Placement for collection:

§ 225-139 Enforcement and maintenance.

§ 225-140 Coordination with other Township ordinances.

A landowner and/or developer shall be responsible for all other landscape and bufferyard requirements related to property maintenance as identified in the Township Code.

§ 225-141 Conflict.

If the provisions of this subchapter conflict with other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.

COLLOCATED WIRELESS COMMUNICATIONS FACILITY (COLLOCATED WCF)

Editor's Note: See Chart of Screening and Buffering Requirements attached to this chapter.

§ 225-142 Location on the property.

Non-corner lots. On non-corner lots, a swimming pool shall be located directly behind the applicant's dwelling and shall be set back a minimum of 10 feet from all property lines.

No swimming pool or appurtenances, including decks and shelters, shall be erected nearer to any property line than a building could be erected in the same use district as set forth in this chapter.

§ 225-143 Possession, sale and use of ground and handheld sparkling devices, novelties and toy caps.

The possession and use of ground and handheld sparkling devices, novelties and toy caps shall be permitted in all zoning districts in the Township.

Shaler Township City Zoning Code

ARTICLE IX

Supplemental Regulations

§ 225-70 Definitions.

ANTENNA

Wireless communications facilities, collocated on existing structures, that do not require the installation of a new or replacement wireless support structure.

COLLOCATION

The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing WCF that does not substantially change the physical dimensions of such WCF, involving:

Collocation of new transmission equipment;

Removal of transmission equipment; or

Replacement of transmission equipment.

EMERGENCY

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or related equipment are located.

FCC

Federal Communications Commission.

MODIFICATION or MODIFY

RELATED EQUIPMENT

REPLACEMENT OF A WIRELESS COMMUNICATIONS FACILITY (REPLACEMENT OF A WCF)

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)

A wireless communications facility that meets the following qualifications:

Each antenna associated with the wireless communications facility is no more than three cubic feet in volume.

The volume of all other equipment associated with the wireless communications facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet.

STEALTH TECHNOLOGY

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

A modification substantially changes the physical dimensions of a support structure if it meets the criteria established by 47 CFR 1.6100.

TECHNICALLY FEASIBLE

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

UTILITY POLE

WIRELESS COMMUNICATIONS FACILITY (WCF)

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.

WIRELESS SUPPORT STRUCTURE

§ 225-71 Purpose.

Address new wireless technologies, including, but not limited to, small cells, distributed antenna systems, data collection units, and other wireless communications facilities.

Encourage applicants to collocate their wireless communications facilities on existing wireless support structures and other tall structures.

Promote the health, safety and welfare of the Township's residents.

Address recent changes in federal and state law governing local regulations of wireless communications facilities.

§ 225-72 General requirements for all wireless communications facilities.

The following regulations shall apply to all wireless communications facilities located within the Township:

Standard of care.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

§ 225-73 Specific requirements for collocated wireless communications facilities.

The following regulations shall apply to collocated WCFs that do not meet the definition of a "small WCF":

Location requirements. Collocated WCFs shall be permitted outside the public rights-of-way in all zoning districts as a permitted use.

Application requirements. Applications for collocated WCFs shall include the following:

The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed collocated WCF.

The manufacturer and model, proposed location, and physical dimensions of each piece of equipment proposed as part of the collocated WCF.

An aerial photograph of the proposed site showing the area within 500 feet of the collocated WCF. The aerial photograph shall identify all structures within such radius.

A report by a qualified engineering expert which shows that the collocated WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

A certificate of insurance as required by § 225-73G.

All application fees required by the Township as detailed in the Township fee schedule.

Development regulations.

Collocated WCFs shall not be located on any single-family dwelling or two-family dwelling.

A collocated WCF shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

Timing of approval.

All abandoned or unused WCFs and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

§ 225-74 Specific requirements for tower-based wireless communications facilities.

The following regulations shall apply to all tower-based wireless communications facilities that do not meet the definition of a "small WCF":

Location requirements.

Tower-based WCFs may be located on public property in any zoning district if authorized by the Township.

Tower-based WCFs may be located outside the rights-of-way as a conditional use in the following zoning districts, subject to the requirements of this § 225-74:

C Cemetery District.

GC General Commercial.

I Industrial.

Application requirements.

The WCF applicant shall submit with its conditional use application a tower-based WCF site plan or survey of the property certified by an engineer or architect.

The WCF applicant shall submit with its conditional use application, a report by a certified engineer documenting the following:

A proposed search ring shown on the official Township Wireless Communications Facility Map.

Total anticipated capacity of the site, including number and types of antennas which can be accommodated.

Evidence of structural integrity of the wireless support structure meeting the TIA/EIA-222-F standard.

Failure characteristics of the wireless support structure and demonstration that the site and setbacks are of adequate size to accommodate debris.

All load hazards and mitigation measures which have been employed, including but not limited to increased setbacks and/or deicing equipment.

Specific design and construction plans indicating the means by which shared-use requirements shall be met.

A geotechnical report by a certified soils engineer certifying the subsurface soil conditions of the tower-based WCF site.

All WCF applicants for approval of a tower-based WCF shall submit, in addition to the foregoing requirements of this section, the following:

A statement from the FCC that the application complies with the regulations of the Commission or a statement that no such compliance is necessary.

WCF applicant's letter of intent to lease excess space on the wireless support structure in conformance with the provisions for shared use contained in this section.

Such conditional use application fees as set by resolution of the Board.

The WCF applicant shall request the following information for collocation from each owner contacted:

Identification of the site by location, existing uses and tower-based WCF height.

If shared use is possible, based on Subsection D(3)(c) and (d) above, the fee an owner of any existing or planned tower-based WCF would charge for such shared use.

Prior to granting a conditional use application for a tower-based WCF, the WCF applicant shall agree:

To lease any additional space on the tower-based WCF to other companies at the fair market rate.

To construct the tower-based WCF to accommodate a certain number of antennas or as many as technically feasible.

Development regulations.

A distance of 150% of the tower-based WCF height from any property line; or

Design regulations.

In addition to the other design requirements enumerated in this section, the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

The tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer, if such anti-climbing device is deemed necessary by the Township Board.

Surrounding environs. 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.

Access to the tower-based WCF shall be restricted and shall be through a locked gate in the required fence or wall.

Collocation and sharing. All tower-based WCFs shall be designed to structurally accommodate the maximum number of antennas technically feasible, but in no case less than the following:

Such other combination as found by the Board to provide the maximum possible number of foreseeable users.

Such requirements may be reduced if either:

The FCC provides a written statement that no more licenses for those broadcast frequencies that could use the wireless support structure will be available in the foreseeable future; or

Height. The WCF applicant shall demonstrate to the reasonable satisfaction of the Board that the height of the tower-based WCF is the lesser of:

125 feet above ground level; or

Maintenance. The following maintenance requirements shall apply:

All maintenance shall be performed to ensure the upkeep of the tower-based WCF in order to promote the safety and security of the Township's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

Timing of approval.

Annual inspection.

The annual inspection shall include a photograph of the tower-based WCF site showing or depicting all appendant structures, including all antennas and antenna arrays.

§ 225-75 Specific requirements for small wireless communications facilities.

The following regulations shall apply to all small wireless communications facilities:

Location standards.

C Cemetery District.

GC General Commercial.

Industrial.

Application requirements.

Applications for small WCFs shall be submitted to the Township Zoning Officer.

Applications for small WCFs shall include the following:

The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.

A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.

If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.

The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.

An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.

A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

A certificate of insurance as required by § 225-75L.

(j)

All application fees required by the Township as detailed in the Township fee schedule.

Timing of approval.

Power poles;

Traffic signage poles without traffic signals;

Traffic signal poles;

Decorative light poles.

Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Township.

Editor's Note: See 53 P.S. § 11704.1 et seq.

§ 225-81 Large domestic animals.

Types. Large domestic animals include horses, cattle, sheep, alpaca, goats, ponies, oxen and other similar size animals unless otherwise specified.

Cattle, pigs or oxen, one acre each;

Horses, ponies or alpacas, 1/2 acre each;

Sheep, goats or llamas, 1/4 acre each; provided that unweaned young will not be counted.

§ 225-82 Small domestic animals.

Types. Small domestic animals (mammals and fowl) include ducks, geese, swans, chickens and other similar animals unless otherwise specified.

Limitations. No more than 10 small domestic animals may be kept on a minimum lot size of 1/2 acre.

Shelter. Small domestic animals shall be sheltered in a clean structure which shall be located at least 30 feet away from any property line.

§ 225-83 Small domestic pets.

Types. Household pets include animals such as dogs, cats, hamsters, birds and rabbits.

The period of said fostering is a maximum of 90 days per animal.

Shelter. Household pets shall be sheltered in the dwelling unit or in a clean structure located within the building setback lines of the accompanying lot.

§ 225-84 Exemptions.

Exempt from the provisions of this chapter are commercial and industrial equipment, trailers and vehicles of:

Commercial vehicles parked for the purpose of making deliveries or improvements to a property or street location.

Commercial vehicles parked for up to 48 hours if the vehicle is involuntarily parked because of mechanical failure or other emergency.

§ 225-85 Commercial vehicles and commercial equipment in residential districts.

Editor's Note: Table 1, Chart of Prioritized Parking and Storage Locations for Commercial Vehicles and Equipment, is attached to this chapter.

Number of commercial vehicles or equipment permitted. Only two commercial vehicles may be parked on a residential lot at any time.

Improved surface required. Parking or storage of any recreational vehicle on any residential lot shall be on an improved surface to minimize mud tracking onto roadways.

Screen the entire length of the commercial vehicle or commercial equipment; and

If said commercial vehicle or commercial equipment is located on a trailer, both the commercial vehicle and the commercial equipment as well as the trailer shall be screened.

Editor's Note: Table 1, Chart of Prioritized Parking and Storage Locations for Commercial Vehicles and Equipment, is attached to this chapter.

Screening not required. The screening requirements of this section do not apply to a commercial vehicle:

Parked temporarily while actively engaged in loading or unloading passengers, merchandise or materials.

Parked for up to 48 hours if the vehicle is involuntarily parked because of mechanical failure or other emergency.

§ 225-86 Commercial vehicles and commercial equipment in nonresidential districts on site owned by business.

Commercial vehicles and commercial equipment parked or stored on nonresidential lots on a site owned by the business shall comply with the following requirements:

Parking shall be on an improved surface to minimize mud tracking onto roadways.

§ 225-87 Commercial vehicles and commercial equipment in nonresidential districts on sites not owned by business.

Commercial vehicles and commercial equipment parked or stored on nonresidential lots on a site not owned by the business shall comply with the following requirements:

Parking shall be on an improved surface to minimize mud tracking onto roadways.

The requirements set forth above shall not apply to:

Commercial vehicles or commercial equipment parked within a licensed salvage yard or junkyard.

§ 225-88 Parking restrictions for recreational vehicles.

Parking of recreational vehicles on residential streets and highways.

No recreational vehicle in any residential district shall be parked or stored upon any Township street or highway except as provided in this chapter.

No recreational vehicle in any residential district shall be parked on a street or highway within 50 feet of any intersection or crosswalk at any time.

Parking of recreational vehicles on residential lots.

No recreational vehicle shall be parked or stored on a residential lot in any residential district except as provided in this chapter.

Editor's Note: Table 2, Chart of Prioritized Parking and Storage Locations for Recreational Vehicles, is attached to this chapter.

Ownership of recreational vehicle. The owner and operator of a recreational vehicle shall reside on the residential lot where the recreational vehicle is parked or stored.

Number of recreational vehicles permitted. Only two recreational vehicles may be parked on a residential lot at any time.

Improved surface required. Parking or storage of any recreational vehicle on any residential lot shall be on an improved surface to minimize mud tracking onto roadways.

Screen the entire length of the recreational vehicle; and

Editor's Note: Table 2, Chart of Prioritized Parking and Storage Locations for Recreational Vehicles, is attached to this chapter.

Screening not required. The screening requirements of this section shall not apply to:

A recreational vehicle parked for a period of up to 48 hours if the recreational vehicle is involuntarily parked because of mechanical failure or other emergency.

Recreational equipment and personal watercraft.

§ 225-89 Other recreational vehicle requirements.

Recreational vehicles shall be operable and maintained. Recreational vehicles shall be maintained and carry up-to-date registrations and applicable safety inspections.

Recreational vehicles shall not be parked on slopes greater than 15%, in designated open spaces or recreational areas, in sensitive natural resource areas, or in floodways.

Unless the International Building Code or International Fire Code dictate otherwise, there shall be no minimum building separation for recreational vehicles.

§ 225-90 Exceptions.

§ 225-91 Nonconforming commercial and recreational vehicles; effective date.

[Amended 2-10-2015 by Ord. No. 1931]

§ 225-92 Limitations and regulations for dumpsters and PODS®. [1]

Dumpsters and PODS® may be constructed or placed on private property in a residential district in the Township under the following conditions:

Debris must be placed inside the dumpster, not along a side or on top of it.

No property owner or agent for the property owner shall be allowed to apply for more than one dumpster permit and one PODS® permit per year per property.

All dumpsters and PODS® shall be appropriately labeled as to the date the permit was issued and the date of required removal, representing the maximum time period for use under the permit.

Editor's Note: PODS® is a registered trademark; it is used generically to refer to "portable on-demand storage."

§ 225-93 Use following natural disaster.

§ 225-94 Storage of certain materials prohibited.

§ 225-95 Number and size of dumpsters and PODS®.

Absent a catastrophe, a natural disaster or a building permit justifying the need, only one PODS® or only one dumpster shall be permitted on a residential lot at a time.

A dumpster may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.

A PODS® may not exceed eight feet in height, eight feet in width or 16 feet in length.

§ 225-96 Condition of dumpsters and PODS®.

§ 225-97 Locations.

If the property does not have a driveway.

If the property is a corner lot.

§ 225-98 Advertising.

Advertising is prohibited on either a dumpster or a PODS® with the exception of the name and phone number of the unit's supplier, which is required.

§ 225-99 Requirements for issuance of permit.

The applicant applies for a permit prior to the expiration of the initial thirty-day period that the dumpster or POD® has been located on such property;

The applicant has proceeded expeditiously in the usage of the dumpster or PODS® that has been located on such property;

That any unnecessary hardship has not been created by the applicant; and

Extensions beyond 60 days cannot be granted by the Code Enforcement Officer unless a site plan is approved by the Township Board of Commissioners.

§ 225-100 Removal.

§ 225-101 Applicability.

§ 225-102 Exemptions.

This article shall not apply to any fence or wall constructed on a governmental, municipal or public utility facility for public safety purposes or as a requirement of a state or federal agency.

§ 225-103 Special exceptions.

§ 225-104 Nonconforming fences and walls.

All legal nonconforming fences and walls in existence prior to the effective date of this article are permitted to continue, subject to the following provisions:

No such nonconforming fence or wall may be enlarged or altered in a way which increases its nonconformity.

No such nonconforming fence or wall may be structurally altered so as to change the shape, size, type or design of the fence or wall.

§ 225-105 Permit required for certain retaining walls.

No permit or permit application is required for:

Retaining walls that are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

Fences not over six feet (1829 mm) high.

Repairs to an existing fence or wall with no structural changes.

The installation of gates up to eight feet in width in an existing fence or wall with no structural change.

Planting of continuous hedgerows, living fences or similar landscape features.

§ 225-106 Permit application.

Applications for permits shall be made upon forms provided by the Building Department.

The following information and materials shall be provided with the application:

The sealed lot survey shall include the location of all existing and proposed walls, structures, easements and setback dimensions.

A fee in such amount as set from time to time by resolution of the Board of Commissioners shall be paid.

§ 225-107 Location of fences, walls and hedges.

All fences, walls and hedges shall not be placed in any manner to hinder access to an easement.

All fences, walls and hedges shall not be erected in a manner that obstructs the free flow of surface water within or across the lot to which it is associated or the adjacent lots.

Where a nonresidential use abuts a residential use, a fence, retaining wall or enclosure wall on the nonresidential lot shall be set back a minimum of 10 feet from the residential property line.

Fences or walls over two feet in height which are abutting a public sidewalk or public right-of-way shall be set back a minimum of two feet from the public sidewalk or public right-of-way.

§ 225-108 Height of fences and walls.

Fences.

Except as provided herein, the maximum height of a fence in all zoning districts in the Township is six feet in height.

The maximum height of a fence in a residential district, erected between the front building line and the front property line, is four feet in height.

Where a fence is erected on a retaining wall, the maximum height of the fence is six feet in height, separate and distinct from the height of the retaining wall.

The Code Enforcement Officer may require that any fence be a lesser height when a higher fence creates a traffic hazard or obstructs visibility at an intersection.

Walls.

Enclosure walls.

Except as provided herein, the maximum height of an enclosure wall in a residential district in the Township is six feet in height.

The maximum height of an enclosure wall in a residential district erected between the front building line and the front property line is four feet in height.

The Code Enforcement Officer may require that an enclosure wall be a lesser height when a higher enclosure creates a traffic hazard or obstructs visibility at an intersection.

Retaining walls.

The maximum height of a retaining wall in a residential district in the Township, erected on a property line, is four feet in height.

The maximum height of a retaining wall in a nonresidential district abutting a residential district in the Township, erected on a property line, is four feet in height.

§ 225-109 Measurement of fences and walls.

Fences and enclosure walls shall be measured from the mean level of the ground surrounding the fence or the enclosure wall to the highest point of such fence or enclosure wall.

Retaining walls shall be measured from the bottom of the footing to the top of the wall.

§ 225-110 Setbacks of fences and walls.

Fences or walls over two feet in height which are abutting a public sidewalk or public right-of-way should be set back a minimum of two feet from the public sidewalk or public right-of-way.

Setbacks for retaining walls (see Exhibit I[1]).

A retaining wall which is not over four feet in height may be placed on a property line, provided the retaining wall is not in a public right-of-way area.

Where the difference in elevation to be retained is more than eight feet, the retaining wall shall be stepped back in segments of approximately equal height.

The maximum setback required for an engineered retaining wall of any height is 10 feet from all property lines.

The maximum height of any retaining wall shall be determined in accordance with the attached Exhibit A which illustrates how maximum height is to be measured.[2]

Editor's Note: Exhibit A is located in "Street and Building Details" attached to this chapter.

Editor's Note: Exhibit I, Retaining Wall Layout, is attached to this chapter.

§ 225-111 Materials, construction and drainage.

All walls shall comply with all requirements of the Uniform Construction Code.

Decorative/finished side of fences and walls:

Masonry enclosure walls shall be finished in a similar manner on all sides.

In order to soften the appearance of the wall, hanging and/or climbing vegetation shall be planted on the retaining wall.

§ 225-112 Maintenance.

The owner of a property where a fence or wall is located is responsible for maintenance of both sides of the fence or enclosure wall.

§ 225-113 Inspections.

§ 225-114 Prohibited acts.

Except where permitted or otherwise authorized by special exception or conditional use in a district of the Township, after enactment of this article:

No person shall engage in the business of buying and selling junk or to accumulate, salvage, collect, store or dispose of junk in the Township without first obtaining a license to do so.

No person shall operate or maintain a junkyard in the Township without first obtaining a license to do so.

No person shall operate upon any of the streets, roads, alleys and ways of the Township of Shaler, whether from a vehicle or upon foot, as a scavenger or an itinerant buyer or seller of junk.

No person shall engage in business as a junk dealer in any place other than the place designated upon his license.

No person shall have, keep, store or maintain any motor vehicle, construction equipment, farm machinery or equipment, or motorcycles on any public land in the Township of Shaler.

From and after the enactment of this article, in all residential zoning districts:

§ 225-115 License required.

§ 225-116 Application for license.

Property setbacks;

Location of public rights-of-way;

All structures within 300 feet of the junkyard;

Driveways;

Entrances;

Current and proposed structures;

Screening;

Buffers;

Gross acreage of the site;

Owner's name and address;

(11)

The applicant's name and address; and

(12)

The preparer of the plan's name and address.

§ 225-117 Bond required.

§ 225-118 Issuance and display of license.

§ 225-119 License denial.

The Township shall not issue a license to an applicant to operate or maintain a junkyard in the Township unless the junkyard meets the following conditions:

Junkyards shall have a minimum setback from the front property line to the fence of 20 feet. There shall be a minimum setback from the side and rear property lines to the fence of 15 feet.

The junkyard shall comply with all state and federal statutes and shall not be visible from a state or federally funded or maintained thoroughfare at any time of year.

Junkyards shall be surrounded by an opaque wood or masonry fence at least six feet in height.

All junkyards shall be maintained to protect the public from health and safety nuisances and hazards.

§ 225-120 Transfer of license or sale of junkyard.

When a junkyard is sold, the new owner shall promptly notify the Township of any change in ownership and shall apply for a transfer of license prior to operating or maintaining said junkyard.

§ 225-121 License fee.

§ 225-122 License limitation.

§ 225-123 Keeping of records.

§ 225-124 Required holding period.

§ 225-125 Maintenance and operation.

Every license hereunder shall constantly maintain the licensed premises in the manner hereinafter prescribed.

Such premises shall at all times be maintained in strict conformity with all applicable provisions of the Property Maintenance Code of the Township.

No garbage or other organic waste shall be stored in such premises, and the area used by the junkyard shall not be used as a dump area for trash or garbage.

Fire lanes with a minimum of 20 feet shall be maintained so that no area of junk shall span a distance of more than 50 feet.

§ 225-126 Inspections.

§ 225-127 Burning junk.

All burning of junk, rubbish or other material in any junkyard is prohibited except in full compliance with Chapter 95 of the Township Code (relating to outdoor burning).

§ 225-128 Storage near watercourse prohibited.

§ 225-129 Zoning provisions prevail.

§ 225-130 Applicability.

§ 225-131 Submission of conceptual landscape plan.

All required bufferyards with proposed plantings;

All required planting independent of any bufferyard requirements;

Any planting in excess of the requirements of this subchapter;

Any existing trees or vegetation which are to be preserved;

Any existing trees or vegetation which will be removed;

The location and species of all existing trees six inches in diameter at breast height (DBH). Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more DBH;

The location and description of other landscape improvements, such as earth berms, walls, fences, screens and paved areas; and

Planting and installation details as necessary to insure compliance with all required standards.

§ 225-132 General landscaping requirements in R-4, R-5 - and PRD Districts.

In all R-4 Multifamily Dwelling Districts, R-5 Apartment Zoning Districts, and PRD Planned Residential Developments:

At least one deciduous tree shall be planted for each dwelling unit.

Tree requirement may be met with a minimum of one deciduous tree per 40 feet of linear street frontage planted in the front yard no closer than 10 feet from the front lot line.

Minimum size for new trees is two-inch DBH.

§ 225-133 Landscaping requirements for off-street parking and service areas in R-4, R-5 and PRD Districts.

In all R-4 Multifamily Dwelling Districts, R-5 Apartment Zoning Districts, and PRD Planned Residential Developments:

A five-foot-wide strip of ground cover, shrubbery, trees or other landscape materials shall be provided between the right-of-way and all open, off-street parking areas.

With the exception of ingress and egress points, said strip shall be landscaped and maintained to prohibit vehicular and pedestrian access.

Landscaping species at their mature heights shall not obstruct visibility for traffic entering or leaving the lot or traveling on the public street/alley.

Trees shall be placed an average of one tree per 40 feet of right-of-way frontage.

No parking space can be greater than 60 feet from the trunk of a tree. A minimum of 160 square feet of planting area is required per tree when the tree is within the parking lot.

Where overhead utilities are present, ornamental trees may be substituted at a ratio of three ornamental trees per required canopy tree.

The requirements of this section may be used to satisfy the standards of Township buffer requirements.

Landscape islands and planting strips adjacent to off-street parking areas shall be designed to capture stormwater runoff.

§ 225-134 Landscaping requirements in NS, GC and I Zoning Districts.

§ 225-135 Nonresidential landscaping for off-street parking and service areas.

[Amended 3-11-2025 by Ord. No. 1987]

In all NS Neighborhood Shopping, GC General Commercial and I Industrial nonresidential zoning districts:

A five-foot-wide strip of ground cover, shrubbery, trees or other landscape materials shall be provided between the right-of-way and all open, off-street parking areas.

With the exception of ingress and egress points, said strip shall be landscaped and maintained to prohibit vehicular and pedestrian access.

Landscaping species at their mature heights shall not obstruct visibility for traffic entering or leaving the lot or traveling on the public street/alley.

Trees shall be placed an average of one tree per 40 feet of right-of-way frontage.

All open, off-street parking areas of five or more spaces shall be landscaped.

Perimeter landscaping.

Interior landscaping.

For lots with twenty or more proposed parking spaces:

No parking space can be greater than 60 feet from the trunk of a tree. A minimum of 160 square feet of planting area is required per tree when the tree is within the parking lot.

There may be no more than 15 contiguous parking spaces before a landscape island is proposed.

[5]

Interior landscaping plans should consider pedestrian access and circulation in the lot. Landscaping islands may be utilized to incorporate pedestrian crossings and accessways.

[6]

Where overhead utilities are present, ornamental trees may be substituted at a ratio of three ornamental trees per required tree.

[7]

The requirements of this section may be used to satisfy the standards of Township buffer requirements.

For lots with less than 20 proposed parking spaces:

At least one tree per 10 parking spaces shall be provided. This calculation can include perimeter trees and trees within the parking area, depending on the size of the lot and number of spaces.

No parking space can be greater than 60 feet from the trunk of a tree. A minimum of 160 square feet of planting area is required per tree when the tree is within the parking lot.

Where overhead utilities are present, ornamental trees may be substituted at a ratio of three ornamental trees per required tree.

The requirements of this section may be used to satisfy the standards of Township buffer requirements.

Perimeter and interior landscaping suggested plantings.

Editor's Note: Attachment 9 is on file in the Township offices.

Landscape islands and planting strips adjacent to off-street parking areas shall be designed to capture stormwater runoff.

Landscape islands containing trees or other vegetation should be designed with curbing that will allow water to pass into the island for maximum reduction of stormwater runoff.

§ 225-136 Screening and bufferyards for R-4, R-5, PRD, P, NS, GC and I Zoning Districts.

Screening requirement.

The screening shall be of sufficient height and density to completely hide the dumpster from public view.

This provision shall apply to all dumpsters, whether public or private.

The screening shall be of sufficient height and density to completely hide the refuse, trash and private recyclable containers from public view.

All screening corrals shall be permanently affixed to the ground and shall consist of either fencing or vegetation.

Placement for collection:

Trash containers and private recyclable containers in the above zoning districts must not be visible to public view on noncollection days.

Public recycling containers situated on premises open to the public are exempt from the screening requirement of this subchapter.

Buffers required along lot lines shall extend to the street right-of-way line unless the buffer would encroach on a line-of-sight triangle.

Buffers where vegetation is nonexistent or is inadequate to meet the screening requirements shall be planted so as to provide a year-round screen.

All plantings in buffers shall be limited to 34% of one genus of tree or shrub.

A fence six feet in height may be placed as a buffer, and said fence may be placed at the lot line. Fencing shall meet minimum opacity requirements.

Service/utility areas:

Landscaping three to four feet in height with at least 75% opacity shall be provided in order to screen the portion of the parking exposed.

§ 225-137 Replacement requirements.

§ 225-138 Storage requirements of refuse, trash and private recyclable containers in R-1, R-2 or R-3 District.

Placement for collection:

§ 225-139 Enforcement and maintenance.

§ 225-140 Coordination with other Township ordinances.

A landowner and/or developer shall be responsible for all other landscape and bufferyard requirements related to property maintenance as identified in the Township Code.

§ 225-141 Conflict.

If the provisions of this subchapter conflict with other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.