Upper Frederick Township
City Zoning Code
City Zoning Code
ARTICLE VII
General Regulations
§ 285-46 Applicability of regulations.
The regulations contained in this article shall apply to the entire Township for the subjects covered herein. However, if a conflict occurs between the standards of the general regulations and any other standards of this chapter then the more restrictive standards shall apply. Subdivision and/or land development proposals are further regulated by Chapter 240, Subdivision and Land Development, of the Code of the Township of Upper Frederick. The following activities, among others, are considered land development:
A.
Addition of one or more buildings (except accessory buildings) to a lot which contains an existing building.
B.
Division of one or more buildings into spaces for leasehold, ownership or other forms of tenancy (except for residential conversions resulting in three or less dwelling units).
C.
Construction of one nonresidential building on a lot.
§ 285-47 Water supply and sewage disposal.
[Amended 1-10-2024 by Ord. No. 2024-01]
All development in the Township shall be served by water supply and sewage disposal facilities which are appropriate for the type of land use, physical characteristics of the land, location in the Township, and availability of existing water and sewage systems, and shall be further regulated by the requirements below:
A.
Individual onlot facilities. Individual onlot water supply and sewage disposal facilities shall be used in all zoning districts where central water and/or sewer facilities are not available. Written proof of compliance with the applicable state regulations must be provided to the Zoning Officer before occupancy permits will be issued.
B.
Facilities serving more than one lot, dwelling, use or building. Facilities under this heading may be classified as "common," "shared" or "central," and include public water supply and public sewage disposal, and shall comply with the following:
(1)
These facilities shall not be located on building lots, but shall be located on a separate lot used only for these utilities, or for utilities and open space.
(2)
Written proof of compliance with the applicable state regulations must be provided to the Zoning Officer before occupancy permits will be issued for development served by these facilities.
(3)
These facilities shall comply with the requirements of § 285-54 herein regarding ownership and maintenance of common elements.
(4)
Offsite central water and/or sewage facilities must be used for development when they are available.
(5)
Sewage treatment plants serving mobile home parks, single-family attached residences and/or multi-family residences may only be located in a Zoning District that permits those residential uses.
§ 285-48 Access to public street.
Unless otherwise specified in this chapter, each and every lot shall abut a public street for at least 50 feet at the right-of-way line of the public street; and said 50 feet must be usable for purposes of ingress and egress to the lot.
§ 285-49 Corner lots.
A front yard setback shall be measured from the ultimate right-of-way for each lot line abutting a public or private right-of-way. The lot lines intersecting ultimate rights-of-way shall be treated as side lot lines. All other lot lines shall be considered rear lot lines.
§ 285-50 Flag lotting.
[Amended 3-8-2007 by Ord. No. 2007-04]
The concept of flag lotting is permitted under this chapter in accordance with the following criteria and in compliance with § 285-48, Access to public street, other applicable requirements of this chapter, and the flag lotting provisions of Chapter 240, Subdivision and Land Development:
A.
Minimum lot area. No less than 80,000 square feet in net lot area shall be permitted as a flag lot. The access strip portion of the flag lot is not to be considered when calculating the net lot area.
B.
Front, side and rear yards. Front, side and rear yards shall all be in compliance with the dimensional standards applicable to the type of lot as listed below:
C.
Shared driveways serving more than one single-family detached dwelling are prohibited.
E.
Only one flag lot is permitted in any subdivision. Furthermore, in that subdivision, no additional flag lots shall be permitted in the future.
§ 285-51 Refuse collection facilities.
In all zoning districts, on land developed for nonresidential uses, refuse collection facilities must be provided by the applicant, either inside the building(s) or within an area enclosed by either walls or opaque fencing.
A.
These facilities shall be architecturally compatible with the building(s).
B.
Walls or fencing shall be designed to shield the refuse facilities from direct view from adjacent properties, to a height of at least six feet.
C.
These facilities shall be designed in a manner which can accommodate large collection trucks.
D.
Landscaping is encouraged around these facilities.
E.
Refuse facilities attached to, detached from or within buildings shall be subject to same building setback requirements.
§ 285-52 Landscaping and buffering.
All proposals subject to the requirements of this chapter shall be landscaped and buffered from adjacent properties in compliance with the requirements of Chapter 240, Subdivision and Land Development, of the Code of the Township of Upper Frederick.
§ 285-53 Open space regulations.
When open space or open land is required to be permanently preserved for common benefit and use by the requirements of this chapter, the regulations of this section shall apply.
A.
Open space characteristics. Open space shall be characterized by one or more of the following:
(1)
Active and/or passive recreation areas.
(2)
Environmentally sensitive and attractive areas such as:
(a)
Woodlands.
(b)
Lakes, ponds, streams.
(c)
Floodplain as defined in this chapter.
(d)
Slopes exceeding 15% as delineated by the Montgomery County Soil Survey, by accurate contour mapping on the applicant's plan, or otherwise in accordance with Article XV, Steep Slope Conservation District, of this chapter.
(e)
Farmland which is to be continued in agricultural use.
(f)
Riparian Corridor Conservation District.
[Added 9-10-2009 by Ord. No. 2009-07]
B.
Open space design requirements. Permanently preserved open space shall:
(1)
Be designed as a continuous system of usable areas, interspersed among groupings of residential dwelling units, wherever practicable.
(2)
Be interconnected with common open space areas on abutting parcels wherever possible.
(3)
Be provided with safe and convenient access by adjoining public road frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle and maintenance vehicle traffic and containing appropriate access improvements.
(4)
Be provided with sufficient perimeter parking when necessary, as in public recreation areas.
(5)
Be comprised of areas not less than 50 feet in width and not less than 11,000 square feet of contiguous area, except that individual tot-lots shall be included in the total required open space area.
(6)
Be designed so that not more than 25% of the open space is used as buffers between development and existing roads, and no more than 50% is floodplain, as defined herein.
(7)
Not be divided by crossing of public or private roads except where necessary for proper traffic circulation.
(8)
When required, open space includes Riparian Corridor Conservation area. The RCC area shall be vegetated in accordance with § 240-37F(6), Riparian Corridor Conservation District Vegetation Requirements, of the Subdivision and Land Development Ordinance.
[Added 9-10-2009 by Ord. No. 2009-07]
C.
D.
Offer of dedication. All common open space and recreation facilities required by this chapter may be offered for dedication to the Township, although the Township need not accept any such offers.
E.
Required recreation facilities. The applicant shall install recreation facilities in the open space in conformance with the requirements of Chapter 240, Subdivision and Land Development, of the Code of the Township of Upper Frederick, regarding recreational facilities.
F.
Height limitation of fences and walls. No fence or wall over six feet in height, except a retaining wall, or a wall of a building permitted under the terms of this chapter, shall be erected within any of the open spaces required by this chapter unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least 4:1. The Zoning Hearing Board may authorize by special exception the erection of walls or fences of greater height in such cases as may be necessary to provide adequate protection, shielding or screening of open storage or equipment areas.
§ 285-54 Private ownership and maintenance of common elements.
Common elements including, but not limited to, open space, recreation, sewer, water and stormwater management facilities which will not be publicly owned, shall be subject to a form of ownership established in private agreements acceptable to the Board of Supervisors. Such private ownership including, but not limited to, corporate, individual, condominium, landlord or fee-simple home or landowners' association, shall be governed by the following:
A.
Access to and use of these common elements may be restricted to the property owners or tenants within the development, and their guests, unless the Township accepts public dedication of all or any part of any open space.
B.
Perpetual maintenance shall be guaranteed by trust indenture or similar instrument, or by deeding the open space to a land trust or conservancy or similar organization, as approved by the Board of Supervisors, which instrument or deed shall be referenced on the final plan:
(1)
Shall be recorded with the Montgomery County Recorder of Deeds simultaneously with the final plan.
(2)
Shall restrict the open space from development, by deed restriction, granting the Township the right to enforce the restrictions.
(3)
Shall include provisions for:
(a)
Bonds posted by the developer to cover expenses incurred before formation of a homeowner's association.
(b)
Adjustment of association fees to account for inflation and increase costs.
(c)
A reserve fund to cover capital improvement and/or unforeseen major maintenance requirements.
(d)
Funding of professional management, expert consultants and supplies.
(e)
Township review and approval of revisions to any part at any time.
(4)
Shall authorize the Township to maintain the common elements and assess the private ownership 100% of such maintenance, or foreclose on said bonds or funds to cover said maintenance, if private ownership fails to function as required in the private agreement.
(a)
The Township may, at the discretion of the Board of Supervisors, decide to relieve the private ownership organization of some or all of its maintenance responsibilities in the event of a functional failure that has or threatens to have undesirable impact on surrounding property owner or the general public.
(b)
The necessity for continued Township maintenance shall be reviewed at public hearing within one year of the Township having assumed the responsibility, and if the private ownership is demonstrated to have resumed the capability of maintenance, the responsibility shall revert to the private ownership. If the private ownership cannot demonstrate capability, a public hearing shall be held on an annual basis until maintenance can be resumed by the private ownership or until dedication of the common elements is accepted by the Township.
(c)
Any administrative, capital, labor or operating costs incurred by the Township in assuming the maintenance responsibilities of the private ownership organization shall be recoverable from the owner of property, individually or collectively, in the subject development.
C.
Review of maintenance budget. At the time a preliminary plan for subdivision or land development is submitted, the developer shall submit to the Township a budget for the maintenance of open space, and reimburse the Township for the cost of a professional to assess the budget for future adequacy.
§ 285-55 Projections into required yards.
No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:
A.
An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard setback a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the required depth of the yard.
B.
A terrace, patio, deck, platform or landing place, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required side or rear yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the required depth or width of the yard.
C.
A carport may be erected over a driveway in a required side yard, provided that such structure is:
D.
A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows and balconies may project no more than three feet into a required rear yard.
§ 285-56 Lighting.
No lighting of private property shall be permitted that shall cause a hazard or a nuisance to abutting roads and properties.
A.
When lighting is observed to be a potential hazard or nuisance regarding public roads, the Township Zoning Officer shall make a determination as to the need to relocate, diminish, reorient or remove the light fixtures in question, with the advice of the Township Engineer. The determination shall be made mainly in terms of the effect of the lighting on traffic safety, such as from glare or brightness interfering with a driver's ability to see safely.
§ 285-57 Environmental assessment statement.
Where an environmental assessment statement is required by this chapter, it shall be submitted to the Board of Supervisors in compliance with regulations and shall contain the information that follows:
A.
A description of all proposed facilities.
B.
A physical description of the environment affected including, but not limited to, summary technical data and maps and diagrams adequate to permit an assessment of potential environmental impact by commenting agencies and the public. Highly technical and specialized analyses and data should be attached as appendices or footnoted with adequate bibliographic references.
C.
The interrelationship and cumulative environmental (including economic) impact of the proposed facilities and other solid waste disposal facilities shall be stated with adequate technical analysis.
D.
The sources of data used to identify, quantity or evaluate any and all of environmental consequences must be expressly noted.
E.
Specific data relating to the impact of the proposed facilities on natural and man-made local storm drainage facilities and areas.
F.
Specific data relating to the impact of the proposed facilities on sanitary sewage disposal.
G.
Specific data relating to the impact of proposed facilities on the existing floodplain areas of the Township, including details of any measures or precautions which may have to be taken in order to provide adequate flood control in the Township.
H.
A statement of any probable adverse environmental effects which cannot be avoided-such as water or air pollution, undesirable land use patterns, damage to life systems, congestion, threats to public health, safety or welfare or other consequences adverse to the environment. Included for purposes of contrast should be a clear statement of how other avoidable adverse effects will be mitigated.
I.
The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. This section should contain a brief discussion of the extent to which the proposed action involves short-term environmental gains at the expense of long-term losses, or the converse, and an explanation of the extent to which the proposed action forecloses future options. In this context, the words short-term and long-term should be viewed in terms of the environmentally significant consequences of the proposed action.
J.
The aesthetic impact of the proposed action including its impact upon visual quality of the surrounding community.
K.
An analysis of the success and/or failure of similar projects, if the proposed project is a nonconventional nature. Determination of the conventional or nonconventional character of the proposed project will be made by the Township Board of Supervisors as advised by the Township Engineer.
L.
A statement of any effects on desirable employment, taxes and property values.
M.
A statement of any effects on desirable community growth.
N.
A statement describing the location and impact of the project on nearby recreation areas.
O.
In developing the above data, applicant shall convey the required information succinctly in a form easily understood both by members of the public and by public decision-makers, giving attention to the substance of the information conveyed rather than the particular form, or length or detail of the statement. Statements should indicate, at appropriate points in the text, any underlying studies, reports and other information obtained and considered by the applicant in preparing the statement. Care should be taken to insure that the statement remains an essentially self-contained instrument capable of being understood without the need for cross reference.
P.
Each environmental statement should utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and decision-making which may have an impact on the environment. Application of such an approach should help assure a systematic evaluation of reasonable alternative courses of action and their potential social, economic and environmental consequences.
Q.
Such other reasonable information as reasonably required by the Board of Supervisors, Township Planning Commission, Township Engineer and/or Township Solicitor.
§ 285-58 Environmental protection.
A.
All uses shall be developed and operated in a manner that preserves the quality of the existing environment and of any natural amenities present on the site.
B.
All uses shall provide for the preservation and the minimum destruction of natural drainage areas, minimum grading and destruction of the ground surface, the preservation of substantial stands of trees and forested areas and the preservation of attractive views and any other natural features existing on the site.
C.
No land or structure in any zoning district shall be used or occupied in any manner that creates any:
(1)
Dangerous, injurious, noxious or otherwise objectionable condition.
(2)
Fire, explosive or other hazards.
(3)
Heat, electromagnetic or other radiation.
(4)
Noise or vibration.
(5)
Smoke, dust, odor or other form of air pollution or any other condition in such manner or in such amount as to adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.
§ 285-59 Public utilities.
The provisions of this chapter shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures or facilities in existence at the time of passage of this chapter, or which may hereafter be located with public easements or rights-of-way designated for such purposes. The location of any such construction not within a public easement or right-of-way, however, unless specifically provided for in this chapter, shall be subject to approval of the Zoning Hearing Board, which shall give consideration to the effect of such constructions or installation upon the public safety and the character of the adjacent neighborhood.
§ 285-60 Effect of private covenants.
Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenants running with the land, and which restrictions are not prohibited by or are not contrary to the regulations herein established.
§ 285-61 Conditional use.
[Amended 6-13-2002 by Ord. No. 02-09]
An application for any conditional use as specified in the various parts of this chapter shall be considered by the Township Supervisors according to the following procedure:
A.
Application.
(1)
The application shall be submitted in writing to the Township Planning Commission.
(2)
The application shall include the request for approval of a conditional use and sufficient information to document compliance with the applicable standards of this chapter; a tentative sketch plan of the proposed development shall be included.
(3)
The Township Planning Commission shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review, one copy to the Township Board of Supervisors, and other copies to agencies and/or technical consultants whose review may be relevant.
B.
Public hearing.
(1)
The Board of Supervisors shall schedule a public hearing within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of this time limit. The hearing shall be conducted by the Board, or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board; however, the applicant may, prior to the decision of the hearing, waive the decision or findings by the Board and accept the decision or findings of the hearing officer as final.
(2)
Public notice of the public hearing, stating the time, place and the particular nature to be considered, shall be published twice in a newspaper of general circulation in the Township. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
(3)
The Board of Supervisors shall consider the comments and recommendations of the Township and County Planning Commissions, other advisors and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
(4)
In deciding all applications for conditional uses the Board of Supervisors shall be guided by the following standards and criteria:
(5)
The Board of Supervisors shall render a written decision on the application within 45 days after the last hearing in which the Board considered the application.
§ 285-62 Accessory uses.
[Amended 8-9-2001 by Ord. No. 01-1]
The following accessory uses, shall be permitted, subject to the additional requirements herein.
A.
Uses accessory to agriculture.
(1)
Greenhouses, barns and machine sheds, preparation of products produced on the premises for sale and/or use at other locations.
(2)
Retail sale of agricultural and/or horticultural products on a minimum tract of five acres in compliance with the following:
(a)
At least 75% of such products shall have been grown on the property on which they are offered for sale.
(b)
At least three parking spaces shall be provided, plus one additional space for each 200 square feet of building area over 600 square feet.
(c)
Buildings, whether permanent or seasonal, shall meet the required setbacks of the district in which they are located, and no parking area, sign, display or other structure shall intrude into the legal right-of-way of any public road. Buildings shall include stands, carts, wagons, sheds or other movable structures.
(d)
Maximum building coverage to house retail sales shall be .5% of the gross acreage of the property, with a maximum building coverage as an accessory use to be 5,000 square feet.
(3)
Keeping of livestock in conjunction with agriculture, in accordance with the following:
(a)
Livestock and/or other animals may be kept as part of an agricultural operation provided that the property on which they are kept is at least 10 acres in size, and setback requirements of the district or § 285-74, herein, whichever are greater, are met.
(b)
The number of animals permitted shall comply with the rate standards of Subsection B(9)(b), herein. Such an operation shall be completely enclosed by fencing; and any building or enclosure used in conjunction with such an operation shall provide setbacks in compliance with the district in which they are located, or § 285-74, herein, whichever are greater.
(c)
Operation of an animal feed lot shall not be permitted in any district.
B.
Uses accessory to dwellings. The following uses are permitted by right, however, approval as a special exception by the Zoning Hearing Board shall be required for uses that exceed the stated capacities or sizes, or that would involve use or storage of items other than those listed:
(2)
Detached private structure, with a total floor area of not more than 1,200 square feet.
(3)
Private parking spaces, not to exceed four per dwelling unit (not counting garage spaces).
(4)
Shelter for not more than four traditional house pets, none of which will grow to be larger than a large dog.
(5)
Noncommercial greenhouse of less than 750 square feet in floor area.
(6)
Detached storage sheds for garden equipment, household goods and/or sporting goods owned and used by the residents of the dwelling, with a total floor area of not more than 1,200 square feet.
(7)
Noncommercial swimming pool or other recreational facilities, excluding facilities for use of motorized recreation vehicles.
(9)
Keeping of horses and other large animals such as cattle, sheep or goats, not in conjunction with agriculture, in accordance with the following:
(a)
A minimum lot size of two acres is required to keep such animals.
(b)
Such animals may be kept at the following rates:
On a Minimum Two Acre Lot | For Each Additional Acre | ||
|---|---|---|---|
Horses, cows or other animals of a similar size | 1 animal | 1 animal | |
Sheep, goats or other animals of a similar size | 4 animals | 4 animals | |
These regulations shall be interpreted to mean one horse or one cow or four goats per unit of land | |||
C.
Uses accessory to noncommercial recreational use. Customary recreation, refreshment and service uses and buildings in any noncommercial recreational area.
D.
Other accessory uses. Accessory uses other than those listed may be permitted in compliance with the requirements for principal uses in the district in which they are located and which they are accessory to.
§ 285-63 Parking of commercial vehicles in residential district.
Routine parking of not more than two commercially registered vehicles with not more than four axles each, which are used regularly or frequently for business purposes shall be permitted. Routine parking of more than two such vehicles shall constitute a business operation and shall not be permitted in a residential district.
§ 285-64 Child day care facilities.
No structure or premise shall be used for the provision of child day care except in accordance with the provisions of this section.
B.
A family day care home or group day care home shall be a permitted use in any zoning district, provided a copy of the certificate of compliance issued by the Department of Public Welfare shall be provided to the Zoning Enforcement Officer prior to the initiation of day care use.
C.
A day care center shall be a special exception use in any zoning district, and a copy of the certificate of compliance issued by the Department of Public Welfare shall be provided as a part of the special exception application.
§ 285-65 Home occupation.
A.
Home occupations are the accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business or the production of handicrafts on a residential site. The use is incidental and secondary to the use of the dwelling.
B.
All proposed home occupation uses, including the expansion or replacement of an existing use or structure, shall conform with the performance standards below, as well as all other applicable Township, state and federal regulations.
(1)
The home occupation and its associated structures shall conform with all applicable dimensional standards for the zoning district.
(2)
Home occupations shall be conducted entirely within the residence, and the area used for the home occupation shall not exceed 25% of the gross floor area of the residence, except that the Zoning Hearing Board may permit the use of an accessory structure or the use of more than 25% of the residence by special exception where all other requirements of this section are met.
(3)
The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area. Home occupations shall not be conducted in such a manner as to produce noise, dust, vibration, glare, smoke or smell, electrical interference, fire hazard, traffic or any other nuisance not typically experienced in the zoning district where the property is located.
(4)
No use shall require internal or external construction features or the use of electrical, mechanical or other equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences.
(6)
No outside storage of material, goods, supplies or equipment related to the operation of the home occupation shall be allowed. All storage shall take place within a walled structure.
(7)
Merchandise shall be limited only to products manufactured or substantially altered on the premises or to incidental supplies necessary for the conduct of the home occupation. Items shall not be purchased offsite for resale.
(8)
The home occupation shall have no more than two nonresident employees.
(9)
Any need for parking generated by the home occupation shall be met off-street and in the side or rear yard of the structure in accordance with Article XIX of this chapter.
(10)
No more than one home occupation per adult resident shall be allowed.
(11)
Home occupations that attract customers, clients or students to the premises shall not be allowed in multifamily dwellings.
§ 285-66 Bed-and-breakfast accommodations.
Bed-and-breakfast accommodations may be operated as home occupations in single-family detached, owner-occupied buildings, subject to the following regulations:
A.
Bed-and-breakfast accommodations require approval of a special exception from the Zoning Hearing Board.
B.
A bed-and-breakfast enterprise shall have no more than five guest bedrooms, accommodating no more than 10 guests at any one time; no paying guest shall stay on any one visit for more than 30 days.
C.
One off-street parking space for each guest bedroom shall be provided in a side or rear yard.
D.
Meal service is limited to one daily meal per paying overnight guest. Owners shall comply with all federal, state and local requirements for the preparation, handling and serving of food.
E.
Owner shall maintain a current guest register.
F.
Bed-and-breakfast accommodations may not sell alcoholic beverages.
G.
Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the stipulations of the Township Fire Code. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
H.
If the facility is served by an onsite sewage system, the owner must obtain written approval from the Township Sewage Enforcement Officer confirming the adequacy of the system to serve the increased demand resulting from the facility.
I.
A bed-and-breakfast use shall not be permitted on a lot with an area less than 80,000 square feet.
§ 285-67 Wireless communications facilities; small wireless facilities.
[Amended 9-14-2000 by Ord. No. 00-3; 12-11-2014 by Ord. No. 2014-02; 3-8-2018 by Ord. No. 2018-01; 1-14-2021 by Ord. No. 2021-01; 4-14-2022 by Ord. No. 2022-01]
A.
Purpose.
(1)
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of commercial and noncommercial wireless communications facilities in Upper Frederick Township. While the Township recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
(2)
By enacting this section, the Township intends to:
(a)
Permit with minimal restriction the noncommercial, accessory use of radio and satellite dish antennas;
(b)
Promote the health, safety, and welfare of Township residents and businesses with respect to commercial wireless communications facilities;
(c)
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;
(d)
Establish procedures for the design, siting, construction, installation, maintenance and removal of communications support structures and communications antenna in the Township, including facilities both inside and outside the public rights-of-way;
(e)
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi, and other wireless communications facilities;
(f)
Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;
(g)
Protect Township residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape; and
(h)
Update the Township's wireless facilities regulations to incorporate recent changes in federal and state laws and regulations.
B. ACCESSORY EQUIPMENT AMATEUR RADIO (also called HAM RADIO) APPLICABLE CODES(1) (2) APPLICANT CO-LOCATION COMMUNICATIONS ANTENNA (ANTENNA) COMMUNICATIONS FACILITY COMMUNICATIONS SERVICE PROVIDER(1) (2) (3) (4) COMMUNICATIONS SUPPORT STRUCTURE (SUPPORT STRUCTURE) COMMUNICATIONS TOWER DECORATIVE POLE DESIGN MANUAL DISTRIBUTED ANTENNA SYSTEM (DAS) EMERGENCY FCC HEIGHT OF A SUPPORT STRUCTURE MODIFICATION OR MODIFY MONOPOLE PERSON REPLACEMENT RIGHT-OF-WAY (ROW) SIGNIFICANT GAP or GAP IN SERVICE SMALL WIRELESS FACILITY(1) (2) SMALL WIRELESS FACILITY(IES) APPLICATION SMALL WIRELESS FACILITY POLE SMALL WIRELESS SUPPORT STRUCTURE STEALTH TECHNOLOGY SUBSTANTIAL CHANGE, SMALL WIRELESS FACILITY(IES)(1) (2) (3) (4) (5) (6) TECHNICALLY FEASIBLE TOWNSHIP POLE UNDERGROUND DISTRICTS UTILITY POLE WBCA WIRELESS WIRELESS COMMUNICATIONS FACILITY WIRELESS INFRASTRUCTURE PROVIDER WIRELESS PROVIDER WIRELESS SERVICES WIRELESS SERVICES PROVIDER WIRELESS SUPPORT STRUCTURE
Definitions. The definitions found herein apply only to this Wireless Communications Facilities Ordinance and the regulations found herein.
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, and storage sheds, shelters, or similar equipment.
The use of designated radio frequency spectra for purposes of private recreation, noncommercial exchange of messages, wireless experimentation, self-training, and emergency communication.
Any of the following:
Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization and subsequently adopted by the Township, inclusive of any local amendments adopted specifically by the Township.
Zoning, land use, streets and sidewalks, rights-of-way, and permitting ordinances adopted by the Township as of the effective date of this section and as may be amended, from time to time, by the Township.
Includes, but is not limited to, any person, owner and/or their agent with an interest in a wireless communication facility, or anyone seeking a building permit, zoning approval and/or permission to use the public right-of-way or other public property for any wireless communications facility.
The mounting of one or more communications antenna on an existing communications tower, or on any structure that already supports at least one communications antenna, including the mounting of small wireless facility(ies) on existing utility poles or small wireless facility poles.
Any system of wires, rods, discs, panels, flat panels, dishes, whips or other similar devices used for the transmission or reception of wireless signals, which may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna, including small wireless facility(ies). Communications antenna further includes, but is not limited to, related equipment. Communications antenna shall not include support structures for antenna or any related equipment that is mounted to the ground or at ground level. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, AM or citizen band radio antennas.
A set of equipment and network components, including wires and cables and associated facilities, used by a communication service provider to provide a communications service.
Any of the following:
A cable operator as defined in Section 602(4) of the Cable Communications Policy Act of 1984 [P.L. 98-549, 47 U.S.C. § 522(5)].
A provider of information service as defined in Section 3(20) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(51)].
A telecommunications carrier as defined in Section 3(44) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(51)].
A wireless provider.
Any structure that is used for the purpose of supporting one or more communications antenna, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and small cell towers and mini towers. DAS hub facilities are considered to be communications support structures. Small wireless support structures are not considered communications support structures.
Any structure that is used for the purpose of supporting one or more antenna or small wireless facility(ies), including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be communications towers.
A Township pole that is specially designed and placed for aesthetic purposes.
A manual or guidebook that sets forth additional aesthetic, design, concealment and stealth technology requirements applicable to the installation of small wireless facilities, as may be amended from time to time by the Township. The Design Manual may also, but need not, set forth examples of small wireless facility deployments that the Township deems to comply with this section.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
A condition that: 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public; or 2) has caused or is likely to cause facilities in the right-of-way to be unusable and result in loss of the services provided.
Federal Communications Commission.
The vertical distance measured from the ground level, including any base pad, to the highest point on a support structure, including antenna mounted on the support structure and any other appurtenances.
The improvement, upgrade or replacement of a small wireless facility or an existing utility pole that does not substantially change, as defined herein or as defined in 47 C.F.R. § 1.6100(b)(7) (relating to wireless facility modifications), the physical dimension of the small wireless facility or utility pole.
A communications support structure or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antenna and connecting appurtenances.
Any individual, organization, or other legal entity.
The replacement of an existing small wireless facility on any existing decorative pole, utility pole, Township pole or similar small wireless facility pole, subject to the requirements of § 285-67, et seq. for maintenance, repair or technological advancement with equipment that is substantially similar in size, weight and height as the existing small wireless facility and which does not substantially change the physical dimensions of any decorative pole, utility pole, Township pole or similar small wireless facility pole.
The surface of and space above and below any real property in the Township in which the Township has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way. For the purpose of this section, ROW shall include streets and roads owned by Upper Frederick Township, Montgomery County, the Commonwealth of Pennsylvania, and any other Pennsylvania state agency.
An area where wireless communication coverage does not exist for any wireless communication operator. The existence or nonexistence of a gap in wireless coverage, and the size thereof, shall be a factor in the Township's decision on an application for installation of any WCF.
The equipment and network components, including antennas, transmitters and receivers, used by a wireless provider that meet the following qualifications:
Each antenna associated with the deployment is no more than three cubic feet in volume.
The volume of all other equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume pursuant to this subsection.
A request submitted by an applicant to the Township:
A freestanding structure or other structure not classified as a wireless support structure that could support the placement or installation of small wireless facility(ies) if approved by the Township.
A support structure that is used for the deployment of one or more small wireless facilities, including, but not limited to, decorative poles, Township poles or utility poles and is not otherwise considered a communications support structure as defined herein.
Camouflaging methods applied to wireless communications support structures, antenna and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antenna, building-mounted antenna painted to match the existing structure, and facilities constructed to resemble trees, shrubs, and light poles.
A modification substantially changes the physical dimensions of small wireless facility or its small wireless facility pole if it meets any of the following criteria:
For any decorative pole, utility pole, Township pole or similar small wireless facility pole, an increase in its height by more than 10%, provided the height is not increased more than the maximum height provided in § 285-67. Changes in height are measured from the height originally approved at the time of the issuance of a permit pursuant to § 285-67.
The addition of any appurtenance to the body of the decorative pole, utility pole, Township pole or similar small wireless support structure that would protrude from its edge more than the 10% from the horizontal dimensions originally approved at the time of the issuance of a permit pursuant to § 285-67.
The installation of additional equipment associated with the small wireless facility not otherwise approved at the time of the issuance of a permit pursuant to § 285-67.
Any excavation, deployment or installation beyond the footprint of any existing small wireless facility permitted pursuant to § 285-67.
Any changes that would defeat the concealment elements for a small wireless facility located in a historic district or on a historic building.
Any change that does not comply with the terms of a permit issued pursuant to § 285-67.
By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless facility.
A utility pole owned, managed or operated by or on behalf of the Township.
A group of buildings, properties or sites in which the Township has required all communications and electric lines in the specified geographic area to be placed underground and for which the Township maintains and enforces objective standards that are published in advance and applied on a uniform and non-discriminatory basis.
A pole or similar structure that is, or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for co-location. The term includes the vertical support structure for traffic lights, but does not include horizontal structures to which signal lights or other traffic control devices are attached or a communications support structure as defined herein.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
As follows:
A person authorized by the Pennsylvania Public Utility Commission to provide telecommunications service in the Commonwealth of Pennsylvania that builds or installs wireless communication transmission equipment, wireless facilities or a communications support structure, but is not a wireless services provider.
A wireless infrastructure provider or a wireless services provider.
Services, whether at a fixed location or mobile, using a licensed or unlicensed spectrum, provided to the public using wireless facilities.
A person who provides wireless services.
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township, not including small wireless facility(ies) poles.
C.
Noncommercial antennas and satellite dishes.
(1)
Permitted uses. Antennas and satellite dishes for home use, ham radio, citizen band (CB) radio, and two-way or one-way radio for public safety are permitted in all zoning districts.
(a)
Ground-mounted. Permanent, extendable, retractable, or telescoping ground-mounted support structures and accompanying antenna that is accessory to a permitted or special use are permitted by right in all zoning districts and may be erected to a maximum height of 65 feet above mean ground level, provided same may only be located in a side or rear yard.
(b)
Roof-mounted.
[1]
Antennas and satellite dishes may be erected on the roof of a principal or accessory building in any residential district to a maximum height of 25 feet above the maximum height of the building on which it is located.
[2]
Roof-mounted antenna and satellite dishes may be erected in any residential district when the following criteria are met:
[a]
Demonstration by the applicant that ground mounting and compliance with the applicable yard, setback, and height restrictions would result in the obstruction of the antenna's reception window; further, such obstruction involves factors beyond the applicant's control.
[b]
The height of the proposed installation does not exceed the maximum height restriction imposed upon primary and accessory uses within the district.
[c]
Only one antenna or satellite dish may be permitted per lot.
[d]
No satellite dish may exceed 12 feet in diameter.
[e]
Antennas and satellite dishes shall be neutral in color and, to the extent possible, compatible with the appearance and character of the neighborhood.
(2)
Standards for antennas and satellite dishes.
(a)
No antenna or satellite dish shall be located in the front yard setback or any yard area abutting a street in any district. If ground mounted, the dish or antenna shall be located in the side or rear yard of the lot. The antenna or satellite dish shall be installed in the location that will shield its view from the street or from neighboring properties to the greatest extent feasible. If mounting on a building, same shall not extend more than three feet into a side or rear yard and may not extend into a front yard or any yard area abutting a street in any district.
(b)
No antenna or satellite dish shall be permitted within that portion of a yard required to be a landscaped buffer area by any provision of this section.
(c)
When ground mounted, the antenna or satellite dish shall be screened from public streets or adjoining residential districts or uses by the installation of a fence, or by planting evergreen trees or shrubs which form a complete visual barrier.
(d)
No dish shall exceed 12 feet in diameter. No roof-mounted dish shall project more than eight feet from the roof. No ground-mounted dish shall exceed 12 feet in height.
(e)
No more than one satellite dish shall be permitted on any lot. If more than one antenna is required, it shall be placed on a shared structure with other antennas.
D.
General requirements for all communications antenna.
(1)
The following regulations shall apply to all small wireless facility(ies) and communications antenna that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(a)
Site plan. The applicant shall submit to the Township a site plan for all wireless communications facilities showing the antenna, antenna support structure, building, fencing, landscape buffering, access, landscaping and other requirements of Chapter 240, Subdivision and Land Development, and shall obtain a permit from the Township Zoning Officer.
(b)
Prohibited on certain structures. Communications antenna shall not be located on single-family dwellings, two-family dwellings, multifamily dwellings, or any accessory residential structure.
(c)
Standard of care. Communications antenna shall be designed, constructed, installed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Antenna shall at all times be kept and maintained in good condition, order and repair by qualified and trained maintenance, construction, and inspection personnel, so that the same shall not endanger the life of any person or any property in the Township.
(d)
Accessory equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.
(e)
Wind. All communications antenna structures 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/TIA-222-E, as amended).
(f)
Public safety communications. No communications antenna shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g)
Aviation safety. Communications antenna shall comply with all federal and state laws and regulations concerning aviation safety.
(h)
Radio frequency emissions. No communications antenna may, by itself or in conjunction with other antenna, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(i)
Historic buildings. Except as otherwise provided by § 285-67.F, related to small wireless facilities, no communications antenna may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.
(j)
Maintenance. The following maintenance requirements shall apply:
[1]
The communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for routine maintenance, inspection, or emergency repair.
[2]
Such maintenance, inspection and repairs shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[3]
All maintenance, inspection, and repair activities shall utilize the best available technology for preventing failures and accidents, and shall only be performed by trained and qualified personnel.
(k)
Removal. Except as otherwise provided by § 285-67I(12), related to the removal of small wireless facilities, in the event that use of a communications antenna is 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 antenna or portions of antenna shall be removed as follows:
[1]
All abandoned or unused antenna and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.
[2]
If the antenna or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the antenna and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the antenna. If said owner fails to pay for the cost of removal within 30 days, the Township may proceed to recover its costs through any proceeding in law or equity against the owner of the antenna, or by liening the property where the antenna was located, or by pursuing any other legal remedy available to the Township as authorized under the provisions of the Second Class Township Code[1] or by any other applicable local, state, or federal law or regulation.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
(l)
Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the antenna and, once approved, in reviewing and evaluating any installation and any potential violation of the terms and conditions of this section. The applicant and/or owner of the antenna shall reimburse the Township for all reasonable costs and fees of said consultant and/or expert.
(m)
Insurance. Each person that owns or operates a communications antenna shall provide the Township with a certificate of insurance, naming the Township as an additional insured, and evidencing general liability coverage in the minimum amount of $2,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.
(n)
Indemnification. Each person that owns or operates a communications antenna 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 communications antenna. Each person that owns or operates a communications antenna 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 communications antenna. 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.
(o)
Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any communications antenna for various reasons, including, but not limited to, visual impact, design, and safety standards.
(p)
Inspection. The Township reserves the right to inspect any antenna to ensure compliance with the provisions of this section 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 an antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(q)
Replacement. When future technology avails itself with radiation suppresant devices and/or equipment that is less harmful to humans, such equipment shall be installed to replace dated small wireless facility(ies), communications antenna and accessory facilities and equipment as soon as possible, but in no event later than 180 days after notification by the Township.
(r)
(Reserved)
(s)
Professional services agreement. A consultant professional services agreement, on a form provided by the Township, shall be signed by the applicant and submitted with any wireless communications facility, to cover all costs and expenses incurred by the Township for application and plan review and processing by its professional consultants. No application shall be deemed submitted until the signed consultant professional services agreement has been provided to the Township. No permit shall be issued until the applicant has fully reimbursed the Township for all costs and expenses incurred by the Township for application and plan review and processing by its professional consultants.
(2)
The following regulations shall apply to all communications antenna that DO NOT substantially change the wireless support structure to which they are attached:
(a)
Permit required. Applicants proposing the modification of an existing communications tower, in order to co-locate an antenna, shall obtain a permit from the Township Zoning Officer. In order to be considered for such permit, the applicant must submit a permit application to the Township Zoning Officer.
(b)
Permit fees. The Township may assess permit fees directly related to the Township's actual costs in reviewing and processing the application and for overseeing and inspecting the antenna installation as well as future inspections, monitoring and related costs. Such fees shall be adopted by resolution of the Board of Supervisors. For applications that fall under the WBCA, the fees assessed shall not exceed the maximum fees established thereunder.
(c)
Timing of approval.
[1]
Within 30 calendar days of receipt by the Township of an application for a communications antenna which does not substantially change the physical dimensions of the wireless support structure to which it is to be attached, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision of whether to approve the application, and shall advise the applicant in writing of such decision. If additional information is requested by the Township to complete an application, the time required by the applicant shall not be counted toward the Township's sixty-day review period.
[2]
Within 10 calendar days of receipt by the Township of an application for small wireless facility(ies) which are to be collocated on existing wireless support structures, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision of whether to approve the application, and shall advise the applicant in writing of such decision. If additional information is requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's sixty-day review period.
[3]
Within 30 calendar days of receipt by the Township of an application for small wireless facility(ies) which proposes the construction of a new small wireless facility(ies) pole, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(3)
The following regulations shall apply to all communications antenna that DO substantially change the wireless support structure to which they are attached:
(a)
Permit required. An applicant proposing the substantial modification of an existing communications support structure shall first submit an application and obtain a zoning permit and a building permit from the Township.
(b)
Permit fees. The Township may assess zoning and Building permit fees directly related to the Township's actual costs in reviewing and processing the application and for overseeing and inspecting the antenna installation and/or modification of the existing support structure, as well as future inspections, monitoring, and related costs. Such fees shall be adopted by resolution of the Board of Supervisors. For applications that fall under the WBCA, the fees assessed shall not exceed the maximum fees established thereunder.
(c)
Timing of approval. Within 30 calendar days of the date that an application for a communications antennais filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a completed application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was required by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period. The ninety-day period set forth herein is automatically modifiable as and when necessary to remain consistent with any applicable and controlling state or federal law or regulation.
E.
Requirements for communications antenna outside the public right-of-way. The following additional regulations shall apply to all communications antenna located outside the public right-of-way:
(1)
Location. Communications antenna are permitted in the (CB) Commercial Business and (I) Industrial Zoning Districts. Communications antenna in such districts may only be mounted to an existing building, an existing utility pole, an existing communications support structure, or an existing public utility transmission pole or other structure.
(a)
Whenever a communications tower, wireless support structure, communications antenna and/or accessory facilities and equipment is proposed to be located outside of the public right-of-way, a copy of an easement agreement from the property owner on whose property the facilities are to be located shall be provided as part of the application process.
(2)
Development regulations. Communications antenna shall be co-located on existing structures, such as existing buildings or communications support structures, whenever possible, subject to the following conditions:
(a)
To the extent permissible by law, such antenna does not exceed the lesser of a total maximum height of 12 feet, or the maximum height permitted in the underlying zoning district.
(b)
If the antenna applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(c)
A security fence satisfactory to the Township of not less than 10 feet in height shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use. A lock box shall be provided for emergency access.
(3)
Design regulations.
(a)
Communications antenna 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 antenna applicant shall be subject to the approval of the Board of Supervisors.
(b)
The total height of any support structure and mounted antenna shall not exceed the maximum height permitted in the underlying Zoning District. To the extent permissible by law, the height of an antenna shall not exceed the lesser of a total maximum height of 12 feet, or the maximum height permitted in the underlying zoning district.
(c)
In accordance with industry standards, all communications antenna applicants must submit documentation to the Township justifying the total height of the antenna structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(d)
Noncommercial usage exemption. Township citizens utilizing satellite dishes, amateur radios, and antenna for the purpose of maintaining television, telephone, radio communications, and/or internet connections at their respective residences shall be exempt from these design regulations.
(4)
Removal; replacement; modification.
(a)
The removal and replacement of communications antenna and/or accessory equipment for the purpose of upgrading or repairing the antenna is permitted, so long as such repair or upgrade does not increase the overall size or number of antenna.
(b)
Any material modification to a wireless communications facility shall require a prior amendment to the original permit or authorization.
(c)
Replacement. When future technology avails itself with radiation suppressant devices and/or equipment that is less harmful to humans, such equipment shall be installed to replace dated communications antenna and accessory facilities and equipment as soon as possible, but in no event later than 180 days after notification by the Township.
F.
Requirements for small wireless facilities and new utility poles with small wireless facilities attached inside the public right-of-way. The following additional regulations shall apply to all small wireless facilities and new utility poles with small wireless facilities attached located in the public right-of-way:
(1)
Location.
(a)
Use of the right-of-way for small wireless facilities or new utility poles with small wireless facilities attached shall be a use permitted by right in all Zoning Districts of the Township, except for underground districts as defined and discussed herein. Use of the right-of-way for small wireless facilities or new utility poles with small wireless facilities attached shall not be subject to conditional use or special exception approval requirements.
(b)
Co-location. Small wireless facilities shall be co-located, whenever possible, on existing utility poles within the public right-of-way.
(d)
Annual fees. The Township shall assess annual fees for the use of the right-of-way in accordance with the following:
[1]
Annual fees authorized pursuant to the Small Wireless Facilities Deployment Act (P.L. _____, No. 50, 53 P.S. § 11704.3(c)) as provided on the Township's adopted fee schedule.
[2]
A permit-specific, annual right-of-way fee that reasonably approximates the Township's costs to manage a small wireless facility deployed within the right-of-way pursuant to the provisions of the Small Wireless Facilities Deployment Act (P.L. _____, No. 50, 53 P.S. § 11704.3(c)(1)-(3)).
(2)
Right of access.
(a)
Under the provisions of this section (in accordance with applicable Codes), with the permission of the owner of the utility pole or small wireless facility pole, and with the issuance of a permit from the Township pursuant to this Section, a wireless provider shall have the right to perform the following within the right-of-way:
(b)
Any wireless provider issued a permit to deploy a small wireless facility pursuant to this section shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way or obstruct the legal use of the right-of-way by the Township or other utility facilities co-located on the utility pole or small wireless facility pole.
(3)
Size limits.
(a)
Each new or modified small wireless facility installed in the right-of-way shall be installed on an existing utility pole or new utility pole subject to the following:
[1]
The installation of a small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.
[2]
If co-location on an existing utility pole cannot be achieved pursuant to § 285-67F(1)(b), a small wireless facility may be installed on a new or replacement utility pole. The maximum permitted height of the small wireless facility, which shall include the utility pole and the small wireless facility, shall not exceed 50 feet above existing ground level at the time of the application for a permit.
(b)
Subject to the provisions of this section, a wireless provider may co-locate or install a new utility pole with a small wireless facility attached that exceeds these height limits by making application to the Zoning Hearing Board requesting a variance from this provision. Any request for a zoning variance pursuant to this provision shall be subject to approval pursuant to § 285-36A, et seq. (relating to zoning variances).
(4)
Underground districts.
(a)
A wireless provider shall comply with Township requirements in areas designated by the Township as underground districts.
(b)
A wireless provider may apply for a permit to install a small wireless facility on an existing decorative pole or Township pole in an underground district subject to compliance with the permitting requirements of this section.
(c)
A wireless provider may seek a waiver for the installation of a new utility pole to support small wireless facilities within an underground district subject to all of the following:
[2]
The wireless provider provides demonstrative proof that co-location on an existing decorative pole or Township pole cannot be achieved in the underground district;
[3]
The wireless provider provides written approval from the owner of the property within the underground district upon which the new utility pole will be located;
(5)
Historic district or building. Except for facilities excluded from evaluation for effects on historic properties pursuant to 47 C.F.R. § 1.1307(a)(4) (relating to actions that may have a significant environmental effect, for which Environmental Assessments must be prepared), the Township may require reasonable design or concealment measures for a permit to deploy small wireless facilities within a historic district or upon historic buildings within the Township. Any required design or concealment measures will not prohibit or interfere with a wireless provider's technology and will not be considered a part of the small wireless facility for the purposes of calculating any size or dimension limitations pursuant to § 285-67.
(6)
Design standards. Small wireless facilities deployed within the right-of-way shall comply with the design standards contained in the Township's Small Wireless Facilities Design Manual (the "Design Manual"), which shall be prepared by the Township and amended from time to time at the discretion of the Board of Supervisors. The Design Manual will includes, but not be limited to, the following design standards:
(a)
Compliance with applicable regulations. All small wireless facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related Codes including, but not limited to, the most recent editions of the American National Standards Institute ("ANSI") Code, the National Electrical Safety Code and the National Electrical Code. Any antenna and accessory equipment 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 any person or any property in the Township.
(b)
Weather and the elements. All small wireless facilities shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute and as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIN/TIA-222-E Code, as amended).
(c)
Small wireless facilities approved for deployment on existing decorative poles, Township poles or utility poles shall be treated to match the existing design of the small wireless facility pole. Small wireless facilities shall be painted, or otherwise coated, to be visually compatible with the small wireless facility pole upon which they are mounted.
(d)
Equipment location. Accessory equipment for small wireless facilities located within the right-of-way shall, whenever practical, be located underground. If the Township determines that doing so would not be technologically or economically feasible, given industry standards and norms, the same shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way, as determined by the Township:
[1]
In no case shall ground-mounted equipment, walls or landscaping be located within 36 inches of the exposed back of the curb or within an easement extending onto a privately-owned lot.
[2]
Ground-mounted equipment that cannot be located underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township, giving due concern and consideration to the safety of pedestrians, vehicular traffic and the traveling public.
[3]
Required electrical meter cabinets that cannot be located underground shall be screened to blend in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the support structure or on any accessory equipment shall be removed at the sole expense of the wireless provider within 10 business days of notice of the existence of the graffiti.
[5]
Any plans for the proposed underground installation of accessory equipment shall be reviewed and approved in advance by the Township.
(7)
Modification standards. The following standards shall apply to the modification of all small wireless facilities deployed in the right-of-way:
(a)
In order to upgrade, expand, replace or repair any small wireless facility permitted pursuant to § 285-67, a wireless provider must first obtain written approval from the Township, which approval will not be unreasonably granted provided that such expansion, repair, replacement or upgrade does not substantially change the small wireless facility originally permitted by the Township.
(8)
Damage and repair. A wireless provider shall repair all damage to the right-of-way or any other land so disturbed, directly caused by the activities of the wireless provider, their contractors or agents, and shall return the right-of-way in as good a condition as it existed prior to any work being done in the right-of-way by the wireless provider. If the wireless provider fails to make the repairs required by the Township within 30 days after written notice, the Township may perform those repairs and charge the wireless provider the reasonable, documented cost of the repairs plus a penalty not to exceed $500. The Township may suspend the ability of a wireless provider to apply for a new permit, or receive a permit for a pending application, from the Township until the wireless provider has paid the amount assessed by the Township for the repair costs and the assessed penalty. The Township may not suspend the ability of a wireless provider to receive a new permit, or receive a permit for a pending application, when the wireless provider has deposited the full amount of the assessed repair costs and assessed penalty in escrow pending an adjudication of the merits of a dispute over the repairs and penalty in a court of competent jurisdiction.
(9)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antenna in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(10)
Relocation or removal of small wireless facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, a wireless provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small wireless facility deployed within the right-of-way when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or,
(d)
An emergency as determined by the Township.
G.
General requirements for all communications support structures. The following regulations shall apply to all communications support structures:
(1)
Standard of care. A communications support structure shall be designed, constructed, installed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any communications support structure shall at all times be kept and maintained in good condition, order and repair by qualified and trained maintenance, construction, and inspection personnel, so that the same shall not endanger the life of any person or any property in the Township.
(2)
Permit required. An applicant proposing the construction of a new communications support structure or the modification to an existing communications support structure shall first submit an application and obtain a zoning permit and a building permit from the Township.
(3)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application and for overseeing and inspecting the support structure installation and maintenance, as well as the future inspections, monitoring and related costs. Such fees shall be adopted by resolution of the Board of Supervisors. For applications that fall under the WBCA, the fees assessed shall not exceed the maximum fees established under the WBCA.
(4)
Wind. A communications support structure 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/TIA-222-E, as amended).
(5)
Design. A communications support structure shall be designed to have the least practical adverse visual effect on the areas which can view it.
(6)
Height. A communications support structure shall be designed at the minimum functional height. All communications support structure applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any communications support structure, which is not located in the public ROW, shall not exceed 200 feet, as measured vertically from the ground level to the highest point on the structure, including antenna and subsequent alterations. Equipment buildings, cabinets and ground-mounted accessory structures shall not exceed 15 feet in height.
(7)
Accessory equipment. A telecommunication equipment building, equipment cabinet, or any other structure associated with a communications support structure, shall meet the height and setback requirements for principal buildings in the zoning district in which the building is located, except as otherwise noted in the Upper Frederick Township Zoning Ordinance.
(8)
Public safety communications. No communications support structure shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(9)
Maintenance. The following maintenance requirements shall apply:
(a)
Any communications support structure shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of Township residents.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(10)
Radio frequency emissions. No communications support structure may, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(11)
Historic buildings or districts. No communications support structure may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Township.
(12)
Signs. All communications support structures shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.
(13)
Lighting. No communications support structure shall be artificially lighted, except as required by law. Support structures shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Strobe lights are not to operate between sunset and sunrise.
(14)
Noise. Communications support structures shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and applicable Township ordinance guidelines, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(15)
Aviation safety. Communications support structures shall comply with all federal and state laws and regulations concerning aviation safety.
(16)
Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the support structure and, once approved, in overseeing and monitoring all installations and in reviewing and evaluating any potential violation of the terms and conditions of this section. The applicant and/or owner of the support structure shall reimburse the Township for all reasonable costs of said Township's consultants.
(17)
Timing of approval. Within 30 calendar days of the date that an application for a communications support structure is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for communications support structures shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications support structure, and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.
(18)
Nonconforming uses. Nonconforming communications support structures which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section. Co-location of antenna on existing nonconforming support structure is permitted.
(19)
Removal. In the event that use of a communications support structure 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 support structures or portions of support structures shall be removed as follows:
(a)
All unused or abandoned communications support structures and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(b)
If the support structure and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the support structure and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the support structure. If said owner fails to pay for the cost of removal within 30 days, the Township may proceed to recover its costs through any proceeding in law or equity against the owner of the support structure, or by liening the property where the support structure was located, or by pursuing any other legal remedy available to the Township as authorized under the provisions of the Second Class Township Code[2] or by any other applicable local, state, or federal law or regulation.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
(c)
Any unused portions of communications support structures, including antenna, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a communications support structure previously removed.
(20)
FCC license. Each person that owns or operates a communications support structure shall submit to the Township a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(21)
Insurance. Each person that owns or operates a communications support structure greater than 50 feet in height shall provide the Township with a certificate of insurance, naming the Township as an additional insured, 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 communications support structure. Each person that owns or operates a communications support structure 50 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $2,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communications support structure.
(22)
Indemnification. Each person that owns or operates a communications support structure 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 communications support structure. Each person that owns or operates a communications support structure 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 communications support structure. 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.
(23)
Engineer's seal. All plans and drawings for a support structure shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania, certifying that the site and design shall be in strict compliance with all current and applicable federal and state technical and safety codes.
H.
Requirements for support-structure-based facilities outside the right-of-way. The following additional regulations shall apply to support-structure-based wireless communications facilities located outside the right-of-way:
(1)
Development regulations:
(a)
Location. No support structure shall be located in an area in which all utilities are underground, except as permitted by this section. The following additional regulations shall apply:
[1]
Support structures are permitted in the (CB) Commercial Business District and (I) Industrial Zoning District.
[2]
Support structures are permitted on Township and Township-owned property, including Township Fire Company property.
[3]
Support structures shall not be placed within 100 feet of any area in which all utilities are underground.
(b)
Gap in coverage. An applicant for a support structure must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of support structures.
(c)
Sole use on a lot. A support structure shall be permitted as a sole use on a lot, provided that the lot shall meet the minimum lot area of the district in which it is located.
(d)
Combined with another use. A support structure may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[1]
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.
[2]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district, and shall be the area needed to accommodate the communications support structure and guy wires, the equipment building, security fence, and buffer planting if the proposed communications support structure is greater than 50 feet in height. If a security fence is put in place, a lock box shall be provided for emergency access.
[3]
Minimum setbacks. The foundation and base of any communications support structure shall be set back from property lines in accordance with the minimum setbacks applicable to the zoning district where the property is located.
(2)
Setbacks. All parts of the communications support structure shall be set back a minimum of 100 feet from the property line on the larger parcel on which the leased parcel is located, plus one foot for each foot of height of support structure and antenna beyond 100 feet.
(3)
Notice. Upon submission of an application for a communications support structure, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Township.
(4)
Leased parcels. Copies of lease agreements and easements necessary to provide access to the buildings or structure for installation and placement of the equipment cabinet or equipment building shall be provided to the Township. Recording of a plat of subdivision shall not be required for the leased parcel on which the communications support structure is constructed, provided the equipment building is proposed to be unmanned, the required easement agreement for access is submitted for approval by the Township, and the equipment building is less than 1,000 square feet.
(5)
Co-location and siting. The applicant must demonstrate that the wireless communications equipment planned for the proposed communications support structure cannot be accommodated on an existing or approved structure or building, or on Township property. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and support structures in excess of 50 feet, within a 1/2 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and support structures and was denied for one of the following reasons:
(a)
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or support structure, and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or support structure and the interference cannot be prevented at a reasonable cost.
(c)
Such existing buildings, structures, or support structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with the owner of such building or support structure.
(6)
Identification of nearby structures. Any application for approval of a communications support structure shall include a comprehensive inventory of all existing support structures and other suitable structures within a two-mile radius from the point of the proposed support structure, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing support structure or other suitable structure cannot be utilized.
(7)
Design regulations:
(a)
The communications support structure shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the communications support structure applicant shall be subject to the approval of the Township.
(b)
Any height extensions to an existing communications support structure shall require prior approval of the Township. The Township reserves the right to deny such requests based upon lawful considerations related to the character of the Township.
(c)
Any proposed communications support structure shall be designed structurally, electrically, and in all respects to accommodate both the communications support structure applicant's antenna and comparable antenna for future users.
(d)
Any communications support structure over 50 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
(8)
Surrounding environs:
(a)
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the communications support structure shall be preserved to the maximum extent possible.
(b)
The applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the communications support structure, and anchors for guy wires, if used.
(9)
Fence/screen:
(a)
A security fence satisfactory to the Township having a minimum height of 10 feet shall completely surround any communications support structure greater than 50 feet in height, as well as guy wires, or any building housing communications support structure equipment. If a security fence is used, a lock box shall be provided for emergency access.
(b)
Landscaping shall be installed to screen and buffer the support structure and any ground level features, such as an equipment building, from adjacent properties.
(c)
A ten-foot-wide buffer yard consisting of dense evergreen hedge planted so that the leaves or needles will touch an adjacent plant at maturity around the perimeter of the security fence on the leased parcel. The buffer yard required in the applicable (CB) Commercial Business District or (I) Industrial Zoning District must be planted around the perimeter of the parcel from which the leased parcel is separated.
(10)
Accessory equipment:
(a)
Ground-mounted equipment associated to, or connected with, a communications support structure shall be screened from public view using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(11)
Additional antenna. As a condition of approval for all communications support structures, the applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antenna on communications support structures where technically and economically feasible. The owner of a communications support structure shall not install any additional antenna without obtaining the prior written approval of the Township.
(12)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to communications support structure. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the communications support structure owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility. The access road shall be a minimum of 20 feet in width and shall be improved with a bituminous or concrete surface approved by the Township, for its entire length at a minimum of 12 feet in width.
(13)
Parking. For each communications support structure greater than 50 feet in height, there shall be two off-street parking spaces. Each parking space shall be improved with a dust-free, all-weather surface. Said parking spaces shall have minimum dimensions of 10 feet by 20 feet.
(14)
Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any communications support structure for numerous factors, including, but not limited to, visual impact, design, and safety standards.
(15)
Inspection. The Township reserves the right to inspect any communications support structure to ensure compliance with the provisions of this section 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 communications support structure is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(16)
Engineer inspection report. The owner of any communications support structure greater than 50 feet in height shall submit to the Township proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated support structure maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the Township by a structural engineer at the support structure owner's expense.
(17)
Land development plan. Township approval of a land development plan shall be required for all support structures in excess of 50 feet in height. All stormwater requirements are applicable.
I.
Permitting of small wireless facilities and new utility poles with small wireless facilities attached for deployment in the right-of-way. The provisions of this section shall apply to the permitting by the Township of small wireless facilities by a wireless provider or the installation, modification and replacement of utility poles with small wireless facilities attached by a wireless provider within the right-of-way.
(1)
Application review. A small wireless application under this section shall be reviewed by the Township's staff and its professionals for conformance with applicable zoning, subdivision and land development, building codes, design requirements, and any other applicable laws, codes, ordinances or regulations governing the installation, maintenance, operation and modification of small wireless facilities.
(2)
Permits. The provisions of this section apply to all applicants seeking a permit for the deployment of small wireless facilities or new utility poles with small wireless facilities attached within the right-of-way.
(a)
An applicant must obtain the applicable zoning, construction, demolition, grading, highway occupancy, electrical or other necessary permits from the Township to perform the following within the right-of-way:
(b)
An applicant must demonstrate that the proposed small wireless facility or new utility pole with small wireless facilities attached is designed to comply with applicable laws, codes, ordinances or regulations as follows:
[1]
All permit applications shall provide documentation that includes the construction and engineering drawings, demonstrates compliance with applicable criteria under applicable Codes, and all necessary consents or approvals from the owner of the utility pole.
[2]
All permit applications shall include a certification that the filing of the applications by the wireless provider are required to provide additional capacity or coverage for Wireless Services.
[3]
All permit applications shall include a report by a qualified engineering expert which shows that the small wireless facility will comply with all FCC regulations.
(3)
Application fees. The Township shall charge fees for the review of permit application packages on a per application basis as authorized pursuant to the Small Wireless Facilities Deployment Act [P.L. _____, No. 50, 53 P.S. § 11704.3(c)], as provided on the Township's adopted fee schedule.
(4)
Application completeness review. Upon receipt of an application package from a wireless provider for deployment of small wireless facilities, the Township staff and its professionals will complete a review of the application package to determine whether the application package is complete. Within 10 business days of receiving the application package from the wireless provider, the Township will notify the wireless provider in writing whether the Township has determined the application package is incomplete. Such written notice shall specifically identify the missing information. Any deadlines for processing an application package shall not commence until the wireless provider has provided all information necessary for the Township to determine the application package is complete.
(5)
Processing a completed application. Following a determination by the Township that a wireless provider's application package for deployment of small wireless facilities is complete, the Township shall approve or deny the application package as follows:
(a)
Within 60 days from the date an application package to co-locate small wireless facilities on an existing utility pole within the right-of-way was deemed complete by the Township; or,
(b)
Within 90 days from the date an application package to replace an existing utility pole or install a new utility pole with small wireless facilities attached was deemed complete by the Township.
(6)
Deemed approval. Any application package deemed complete by the Township and neither approved nor denied within the required time period described in § 285-67I(5), shall be deemed approved. Any individual permit associated with a deemed approved application package shall also be deemed approved and shall be issued by the Township to the wireless provider within seven business days following the Township's receipt of a written request to issue said permit; provided, however, that the Township's delay in approving or denying the application package is not related to an issue of public safety.
(7)
Denial.
(a)
The Township may deny an application package under this section if any of the following apply:
[1]
The small wireless facility materially interferes with the safe operation of traffic control equipment, clear sight lines or clear zones for transportation or pedestrians in compliance with the Americans With Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 327) or similar federal or state standards regarding pedestrian access or movement;
[2]
The small wireless facility fails to comply with applicable zoning, subdivision and land development, building codes or other applicable laws, codes, ordinances or regulations;
[3]
The small wireless facility fails to comply with the requirements specified under the Small Wireless Facilities Deployment Act (P. L. _____, No. 50, 53 P.S. § 11704.1, et seq.); or,
[4]
The wireless provider fails to submit a report by a qualified engineering expert which shows that the small wireless facility will comply with applicable FCC regulations.
(b)
Within five days of the Township's denial of an application package, the Township shall provide a written denial to the wireless provider detailing the specific provisions of any applicable laws, codes, ordinances, rules, regulations or other applicable standards upon which the denial of the application package was based; however, said written denial must be provided within the application package processing deadlines set forth in § 285-67I(5) above.
(c)
The wireless provider may, within 30 days of receipt of the written denial, cure the deficiencies identified by the Township by resubmitting the application package. The Wireless provider will not be required to pay an additional application package fee when resubmitting to cure the deficiencies of the original application package.
(d)
The Township shall approve or deny the resubmitted application package within 30 days of the application package's resubmission; however, the Township's failure to approve or deny the resubmitted application package within said 30 days shall render the application package deemed approved and subject to the issuance of permits as set forth in § 285-67I(6) above.
(e)
Any review of an application package resubmitted pursuant to Subsection I(7)(c) above shall be limited to a review of the deficiencies contained in the written denial; provided, however, that all other aspects of the resubmitted application package remain unchanged from the original application package.
(f)
If an application package resubmitted pursuant to Subsection I(7)(c) above contains new information or addresses or changes other sections of the original application package that were not subject to the written denial, the Township shall have an additional 15 days to review the resubmitted application package and may charge an additional fee for said review.
(8)
Consolidated application packages and multiple individual applications from a single wireless provider. A wireless provider seeking to co-locate within the Township may submit a consolidated application for co-location of multiple small wireless facilities subject to the following:
(a)
The consolidated application package may not seek approval for more than 20 small wireless facilities.
(b)
The Township's denial of an individual or multiple small wireless facilities in a consolidated application package shall not delay the processing of the remaining small wireless facilities included in the same consolidated application package.
(c)
A single wireless provider may not submit more than one consolidated or 20 individual application packages to the Township in any thirty-day period. Should a single wireless provider submit more than one consolidated or 20 individual application packages within any forty-five-day period, the processing deadlines set forth in § 285-67I(4) above shall be extended by an additional 15 days to allow the Township to complete its completeness review of the application package.
(d)
The following additional provisions shall apply to consolidated or multiple applications submitted by a single wireless provider:
[1]
A single wireless provider shall not circumvent the consolidated or individual application package limits by requiring a third party installation contractor to make application on behalf of that wireless provider and any application by such a third party contractor shall be, for the purposes of counting the number of small wireless facilities a single wireless provider has before the Township, counted as an application by the wireless provider.
[2]
Any application package tolled pursuant to § 285-67I(4) or § 285-67I(5)(c) above, shall count towards the total number of applications included in a consolidated application package subsequently submitted by a wireless provider unless said tolled application package is withdrawn by the wireless provider.
[3]
As the processing of non-tolled application packages is completed, the Township will process tolled application packages in the order in which the tolled application packages were submitted unless the wireless provider specifies in writing a different processing order preferred by the wireless provider.
(9)
Time limitations for completing work. The installation or modification of a small wireless facility on an existing utility pole, the replacement of an existing utility pole with a small wireless facility attached, or the installation of a new utility pole with small wireless facilities attached for which permits are granted by the Township under this section shall be completed within one year of the permit issuance date unless the Township and wireless provider agree in writing to extend the period.
(10)
Utility poles. When making application to install a new utility pole under this section, the Township may require the wireless provider to demonstrate that it cannot meet the service reliability and functional objections of the application by co-locating on an existing utility pole, Township pole or decorative pole rather than installing a new utility pole. The Township may require the wireless provider to provide written certification that the wireless provider has made such a determination in good faith and to provide a documented summary of the basis for that determination. The wireless provider's determination shall be based on whether the wireless provider can meet the service objectives of the application by co-locating on an existing utility pole, Township pole or decorative pole on which:
(11)
Approval. Approval of an application package authorizes the wireless provider to:
(a)
Co-locate on an existing utility pole, modify or replace an existing utility pole with a small wireless facility attached, or install a new utility pole with small wireless facilities attached as identified in the initial application package; and,
(b)
Subject to the permit requirements and the wireless provider's right to terminate at any time, operate and maintain the small wireless facilities and any associated equipment on a utility pole covered by the permit for a term of not less than five years, which term shall be renewed for two additional five-year terms if the wireless provider maintains compliance with the criteria set forth in the Small Wireless facility Deployment Act (P.L. ___, No. 50, 53 P.S. § 11704.1, et seq.), any applicable laws, codes, regulations or Township ordinances, and the wireless provider continues to have the consent of the utility pole and property owners.
(12)
Removal of small wireless facilities. A wireless provider shall remove any small wireless facilities in the event of the occurrence of any of the following:
(a)
Within 60 days of suspension or revocation of a permit for a small wireless facility due to non-compliance with the Small Wireless Facility Deployment Act (P.L. ___, No. 50, 53 P.S. § 11704.1, et seq.), any applicable laws, codes, regulations or Township ordinances, and/or the failure to maintain the consent of the utility pole or property owner, the wireless provider shall remove the small wireless facility and any associated equipment, including the utility pole and any small wireless facility poles should the small wireless facility be the only facility on the utility pole, after receiving adequate notice from the Township and a reasonable opportunity to cure any non-compliance.
(b)
Within 90 days following the expiration of a permit term, or an extension of a permit term, as described in § 285-67I(11)(b), the wireless provider shall remove the small wireless facility and any associated equipment, including the utility pole and any small wireless facility poles should the small wireless facility be the only facility on the utility pole, after receiving adequate notice from the Township and a reasonable opportunity to cure any non-compliance.
(c)
In conjunction with an application for a small wireless facility, the applicant shall provide the Township with a Bond in an amount determined by the Township Engineer to guarantee the removal of the small wireless facility.
(13)
Work not requiring application. An application is not required from the Township for the following work:
(a)
Routine maintenance or repair work on an existing, permitted small wireless facility;
(b)
The replacement of an existing, permitted small wireless facility with a small wireless facility that is substantially similar to, the same size as or smaller than the existing small wireless facility; provided, however, that the replacement small wireless facility still qualifies as a small wireless facility as defined herein.
(c)
The installation, placement, maintenance, operation or replacement of micro wireless facilities, as defined herein, that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way; provided that such installation, placement, maintenance, operation or replacement complies with the National Electrical Safety Code.
(d)
Notwithstanding the foregoing, the Township may require permits to perform work within the right-of-way for the activities described under Subsection I(13) (a) through (c) above, if that work involves excavation, closure of a sidewalk or closure of a vehicular lane when that work occurs after the completion of the original installation of the small wireless facility. Any permits required pursuant to this Subsection I(13)(d) shall be subject to the requirements of the Small Wireless Facility Deployment Act (P.L. ___, No. 50, 53 P.S. § 11704.1, et seq.), any applicable laws, codes, regulations or Township Ordinances, and the continued consent of the utility pole and property owners.
J.
Miscellaneous.
(1)
Police powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
(2)
Violations and penalties. Any person who violates or permits a violation of this section of the chapter shall, upon being found liable therefor in a civil enforcement proceeding, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this section. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgement pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
K.
Waiver provision. The Township Board of Supervisors may waive any siting standards set forth in this section where the applicant demonstrates that the strict enforcement of said standard:
(1)
Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C. § 253(a); or
(2)
Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
(3)
Will violate any requirement set forth in the FCC Order entitled, "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment." WT Docket No. 17-79, and WR Docket No. 17-84; or
(4)
Will prohibit, or have the effect of prohibiting, the ability of an entity to provide utility service to any prospective customer within the Township.
L.
Additional requirements for small wireless facilities co-located on Township poles or decorative poles.
(1)
Exclusive use prohibited. The Township shall not enter into an exclusive arrangement with any person for the right to co-locate on any Township or decorative poles.
(2)
Co-location. The Township will permit a wireless provider to co-locate a small wireless facility on a Township pole or decorative pole in accordance with all of the following:
(a)
Approval by the Township of an application package in accordance with the permitting procedures set forth in § 285-67I;
(b)
The co-location will not cause structural or safety deficiencies to the Township pole or decorative pole, in which case the wireless provider and the Township shall negotiate an agreement for any make-ready work, including modifications or replacements, necessary to accommodate the small wireless facility on the Township pole or decorative pole; and,
(c)
The co-location shall be installed and maintained so as not to obstruct or hinder travel or public safety within the right-of-way.
(3)
Fees. Subject to the provisions of the Small Wireless Facility Deployment Act (P.L. ___, No. 50, 53 P.S. § 11704.1, et seq.), the Township shall not charge a wireless provider an annual fee to co-locate Small Wireless Facilities on Township poles or decorative poles.
(4)
Implementation and make-ready work. Where make-ready work, including modifications or replacements, is necessary to implement co-location of a small wireless facility on a Township pole or decorative pole within the right-of-way, the Township and the wireless provider shall negotiate an agreement subject to the following:
(a)
The rates, fees and terms and conditions for any make-ready work to co-locate on a Township pole or decorative pole shall be non-discriminatory, competitively neutral, commercially reasonable and in compliance with the Small Wireless Facility Deployment Act (P.L. ___, No. 50, 53 P.S. § 11704.1, et seq.).
(b)
The Township shall provide a good-faith estimate for any make-ready work necessary to enable the Township pole or decorative pole to support the small wireless facility, including replacement of the Township pole or decorative pole, if necessary, within 60 days after the receipt of a complete application package from the wireless provider.
(c)
Make-ready work, including replacement of the Township pole or decorative pole, shall be completed by the wireless provider within 60 days of written acceptance of the good faith estimate by the wireless provider.
(d)
The Township will require replacement of the Township pole or decorative pole only if the Township demonstrates that the co-location of the small wireless facility would make the Township pole or decorative pole structurally unsound.
(e)
The Township will not require more make-ready work than is required to meet applicable Codes or industry standards.
(f)
Fees for make-ready work on a Township pole or decorative pole will not include costs related to damage existing prior to the date a complete application package is submitted to the Township.
(g)
Fees for make-ready work on a Township pole or decorative pole, including the replacement of same, will not exceed the actual costs or amounts charged to other similarly situated communications service providers for similar work, and shall not include any professional fees or expenses that are charged on a contingent fee basis.
(5)
Future use. The Township may reserve future space on an existing Township pole or decorative pole for public safety or transportation uses subject to the following:
(a)
The public safety or transportation uses are part of an approved plan as adopted by the Township at the time a complete application package is submitted to the Township by the wireless provider.
(b)
A reservation of space by the Township will not preclude the co-location on, the replacement of an existing, or the installation of a new utility pole for a small wireless facility.
(c)
If the replacement of a Township pole or decorative pole is required to accommodate both co-location and the reserved future use, the wireless provider shall pay for the replacement of the Township pole or decorative pole, and the Township pole or decorative pole shall accommodate the future use.
M.
General provisions for small wireless facilities located in the right-of-way.
(1)
Existing agreements. Any existing agreements between a wireless provider and the Township that are in effect as of the effective date of the Small Wireless Facility Deployment Act (P.L. ___, No. 50, 53 P.S. § 11704.1, et seq.) shall remain in effect, subject to any termination provisions in those agreements. When an application package is submitted after the effective date of § 285-67, a wireless provider may elect to have the rates, fees and terms and conditions established under the Small Wireless Facility Deployment Act (P.L. ___, No. 50, 53 P.S. § 11704.1, et seq.) apply to the small wireless facility approved pursuant to that application package.
(2)
Agreements. § 285-67 shall not be interpreted to require a wireless provider to enter into an agreement with the Township to implement the provisions of the Small Wireless Facility Deployment Act (P.L. ___, No. 50, 53 P.S. § 11704.1, et seq.). Notwithstanding the foregoing, nothing in § 285-67 shall prohibit the Township from entering into an agreement with a wireless provider to implement said provisions; provided the agreement is nondiscriminatory and voluntarily entered.
(3)
Indemnification. Except for a wireless provider with an existing agreement with the Township to occupy and operate in a right-of-way, a wireless provider shall fully indemnify and hold the Township, its Board of Supervisors, elected or appointed officials, officers, employees and agents harmless against any claims, lawsuits, judgments, costs, liens, expenses or fees or any other damages caused by the act, error or omission of the wireless provider or its officers, agents, employees, directors, contractors or subcontractors while installing, repairing or maintaining small wireless facilities or utility poles within the right-of-way. A wireless provider shall not be required to indemnify for an act of negligence or willful misconduct by the Township, its elected and appointed officials, employees or agents.
§ 285-68 Kennels.
Kennels, where specified as a permitted use in the district regulations, are subject to the following provisions:
A.
A minimum lot size of five acres shall be provided.
B.
No animal shelter or run shall be permitted within 100 feet of any property line or 200 feet of any other dwelling.
C.
A total screen buffer shall be provided along property boundaries with residential uses, to control noise and odor.
D.
The total number of dogs per acre shall not exceed five per acre, not including dogs under six months old.
§ 285-69 Residential conversions.
The Zoning Hearing Board may grant a special exception for the conversion of any existing single-family detached dwelling or its accessory structures into no more than two additional dwelling units, subject to the following restrictions:
A.
Minimum unit size. The minimum size of each existing or newly created dwelling unit shall be a minimum of 400 square feet plus 100 square feet for each bedroom. For example:
Number of Bedrooms in Unit | Minimum Square Footage Required Per Unit |
|---|---|
0 (Efficiency) | 400 |
1 | 500 |
2 | 600 |
B.
Number of units permitted.
(1)
Minimum lot size. In order to qualify for residential conversion, the existing dwelling unit must be located on a parcel with sufficient gross area to provide:
(2)
Total units. Regardless of the size or number of existing dwelling units, the total number dwelling units on any one parcel after conversion shall not exceed three.
(3)
Restriction from development. Within 30 days of having obtained a use and occupancy permit for any conversion unit(s), the applicant shall record with the Montgomery County Recorder of Deeds deed restrictions, easements or private covenants which shall be acceptable to the Township Solicitor for the purpose of permanently restricting from further subdivision or land development the land area required by Subsection B(1).
C.
Location. Conversion of an existing single-family detached dwelling shall be a permitted use in any zoning district.
D.
General standards.
(1)
There shall be no external alteration of the building except as may be necessary for reasons of safety or improved design for otherwise permitted units. Any alterations shall reflect the architectural character of the existing building. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
(2)
Each dwelling unit shall have two direct means of access to the outdoors or to a hall which directly accesses the outdoors.
(3)
The off-street parking requirements of Article XIX must be met. All dwelling units shall share the existing driveway entrance(s) to the existing dwelling unit.
(4)
All dwelling units shall be provided with smoke detectors and fire extinguishers. A dwelling unit located at or above the second story of a converted structure must have a fire escape.
(5)
If onsite sewage systems are to be used, the applicant must submit evidence to the Zoning Hearing Board showing that the total number of occupants in the converted dwelling unity will not exceed the capacities of the existing sewage systems. The Sewage Enforcement Officer shall review and approve any proposed expansion or addition of systems.
§ 285-70 Adult use standards and criteria.
The following standards and criteria shall govern adult uses as defined and permitted in this chapter:
A.
[1]No adult use shall be considered to be a permissible change of use, in conformance with Article VI, Nonconforming Status, unless the subject property is located in a district where adult uses are permitted, and can be shown to comply with the regulations, standards and criteria of this section.
[1]
Editor's Note: Former Subsection A, which restricted the location of adult uses in relation to residences, parks, churches and schools, which immediately preceded this subsection, was repealed 3-8-2007 by Ord. No. 2007-04.
B.
Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in conformance with the requirements of Article XX, Signs, of this chapter.
C.
If any portion of a use meets the definition of "adult use," then that portion must comply with the requirements of this section.
D.
A fifty-foot screening buffer shall be provided along the side and rear lot lines, or when the property abuts residential or institutional uses, but with plantings of an initial minimum height of six feet.
[Added 6-14-2007 by Ord. No. 2007-06]
E.
The use shall not include the sale or display of obscene or other sexual materials, as defined by the Pennsylvania Crimes Code (18 Pa.C.S.A. § 5903), as amended, and interpreted by applicable court decisions.
[Added 6-14-2007 by Ord. No. 2007-06]
F.
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
[Added 6-14-2007 by Ord. No. 2007-06]
§ 285-71 Surface mining and quarrying.
A.
Where permitted by district regulations, surface mining and quarrying shall be permitted only on sites of more than 25 acres.
B.
No quarrying or mining activity shall take place with 500 feet of any property boundary.
C.
Mining and quarrying activities shall take place only between the hours of 7:00 a.m. and 7:00 p.m., and shall not take place on Sundays or legal holidays.
D.
Trucks shall be covered when leaving the site, and shall not create dusty conditions beyond the boundaries of the subject property.
E.
The perimeter of the property shall be sufficiently fenced to prevent entry of unauthorized personnel.
F.
The mining or quarrying operation shall be surrounded by a vegetative buffer sufficient to provide year around screening from view from any public road.
§ 285-72 Heliports.
[Amended 9-10-1998 by Ord. No. 98-5]
Heliports shall be permitted when authorized by the Board of Supervisors as a conditional use in the Rural Preservation, R-80, R-60, Commercial-Business or I Industrial Districts, or at an airport licensed by the Federal Aviation Administration (FAA), only when licensed by the Pennsylvania Department of Transportation (PADOT), Bureau of Aviation, and otherwise in compliance with applicable federal regulations.
A.
No portion of a heliport, including buildings, storage, maintenance and landing area, may be within 250 feet of a property line of a residentially or institutionally-used property.
B.
Appropriate fencing shall be provided by the applicant to restrict pedestrian and vehicular access to the heliport.
C.
Development shall otherwise be in accordance with the requirements of the district in which the heliport is located.
D.
A heliport may not be used unless a valid Township conditional use permit is in effect.
(1)
Helicopter, balloon, ultra-light or other aircraft landing or takeoff from nonheliport, nonairport or any other site without a valid conditional use permit may only be allowed when it is done:
(a)
With written approval of the Board of Supervisors.
(b)
In conjunction with a special event, such as an athletic contest, a holiday celebration, parade or similar activity, after reasonable advance notice has been given to the Township of the intention to do so.
(c)
On an occasional or infrequent basis from an unprepared site either as a business accessory use or as an industrial aid.
(d)
When necessary for law enforcement purposes or for medical emergencies.
(2)
The applicant shall apply to the Board of Supervisors for a tentative approval of the conditional use.
(3)
Following tentative approval, the applicant shall secure all necessary state and federal licenses and permits. The applicant may submit plans for land development approval for the heliport at the same time.
(4)
After securing all necessary state and federal licenses and permits, and receiving land development approval for the heliport plan, the Board of Supervisors will grant final approval to the conditional use application.
(6)
The permit shall be renewable annually.
(7)
The permit shall be automatically revoked:
(a)
If the Bureau of Aviation, PADOT, revokes the heliport's license or refuses to relicense the heliport after one of its periodic inspections.
(b)
If the FAA withdraws or revokes its approval, if initially required.
(c)
Thirty days after the Zoning Officer has notified the permit holder in writing that the heliport is no longer in compliance with the Township's permit requirements, provided that the noncompliance has not been corrected within those 30 days.
(8)
When the heliport's permit and/or license has been revoked, the operator shall close the by site publishing and posting notices to that effect, and employing such visual markers as are customary for this purpose.
(9)
Other aircraft. Other aircraft such as balloons, ultra-lights, etc., may take off and land only at properly licensed airports or heliports. Heliport use for these purposes shall be permitted only when authorized by the Board of Supervisors as a conditional use. The Board of Supervisors may limit the hours of operation and number of aircraft involved as part of their approval.
§ 285-73 Traffic impact study.
A.
Intent. A traffic impact study is intended to enable the Township to assess the traffic impacts of a proposal. Specifically, its purpose is to:
(1)
Identify any traffic problems that may be created in the existing highway network as a result of the proposal.
(2)
Delineate solutions to potential problems and to present improvements to be incorporated into the proposal or into the highway and/or public transit systems within the study area.
(3)
Assist in the protection of air quality and the conservation of energy, and to encourage the use of public transit where available.
B.
Preparation of study. The traffic impact study shall be prepared by a qualified traffic engineer and/or transportation planner with the cost borne by the applicant. The procedures and standards for the traffic impact study are set forth below.
C.
Applicability.
(1)
A traffic impact study shall be submitted with all requests for change of zoning, special exception, conditional use and as part of the preliminary plan application for all subdivisions and/or land developments and/or planned residential developments when the proposed use and/or development involves 30 or more dwelling units or 25,000 square feet of nonresidential floor area.
(a)
Proposals which would not be required to produce a traffic impact study by reason of size, above, must produce a study if the expected number of trips generated per day exceeds 1,000.
(b)
The anticipated number of trips per day shall be determined through the use of Institute of Transportation Engineers (ITE) Trip Generation Report (Third Edition, as amended). The proposed use or development shall be identified using the appropriate ITE land use code. Where doubt exists, the applicant shall seek guidance from the Planning Commission.
(2)
An application which requires a traffic impact study shall not be considered complete until the traffic impact study is submitted to the appropriate review body in accordance with the provisions of this section.
(3)
The appropriate review body, at its discretion, may require any other subdivision, land development, zoning change, special exception or conditional use application to be accompanied by a traffic impact study.
(4)
The Board of Supervisors may waive the requirement for a traffic impact study where, in the opinion of the Board, the proposal is not expected to create a significant traffic impact.
D.
General requirements and standards.
(1)
Site description. The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed land development. If the development is residential, types of dwelling units shall also be included. The general site description shall also include probable socioeconomic characteristics of potential site users to the extent that they may affect the transportation needs of the site, e.g., number of senior citizens. A brief description of other major existing and proposed land development within the study area shall be provided.
(2)
Transpiration facilities description. The description shall contain a full documentation of the proposed internal and existing external transportation system:
(a)
This description shall include proposed internal vehicular, bicycle and pedestrian circulation, all proposed ingress and egress locations, all internal roadway widths and rights-of-way, parking conditions, traffic channelizations and any traffic signal or other intersection control devices at all intersections within the site.
(b)
The report shall describe the entire external roadway system within the study area. Intersections in the study area shall be identified and illustrated, any existing and proposed public transit services and facilities within a one mile radius of the site shall also be documented.
(c)
All future highway improvements, including proposed construction and traffic signalization, shall be indicated. This information shall be obtained from the Pennsylvania Department of Transportation's twelve-year Highway and Bridge Program and from the Township. Any proposed roadway improvements associated with surrounding proposed development shall be noted.
(3)
Existing traffic conditions. Existing traffic conditions shall be measured and documented for all roadways and intersections in the study area and shall include:
(a)
Current average daily traffic volumes, peak highway hour(s) traffic, and peak development-generated hour(s) traffic.
(b)
Manual traffic counts at all intersections in the study area, encompassing the peak highway and development generated hour(s) with documentation included as a technical appendix to the report.
(c)
Delay analysis based upon existing volumes, performed during the peak highway hour(s) and the peak development-generated hour(s), for all roadways and intersections in the study area.
(d)
Volume/capacity (v/c) analysis for all intersections having a level of service D, E, or F or which should be reasonably expected to have such a level of service after the proposed development. Volume/capacity ratios and delay levels of service shall be determined for each location according to the 1985 Highway Capacity Manual, as amended.
(e)
The date or dates when any and all traffic counts were made.
(f)
Analysis of the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or signalized intersections experiencing levels of service E or F, and v/c ratios grater than or equal to 1.0 shall be noted as deficient. Unsignalized or undersignalized intersections with levels of service E or F shall be noted as deficient.
(4)
Impact of development.
(a)
Estimation of vehicular trip generation to result from the proposal shall be completed for the average daily peak highway hour(s) and peak development-generated hour(s). All turning movements shall be calculated.
(b)
These generated volumes shall be distributed to the study area and assigned to the existing roadways and intersections throughout the study area. Provide documentation of all assumptions used in the distribution and assignment phases. Traffic volumes shall be assigned to individual access points.
(c)
Pedestrian volumes shall also be calculated, if applicable. If school crossings are to be used, pedestrian volumes shall be assigned to each crossing.
(d)
Note any characteristics of the site that will cause particular trip generation or distribution problems.
(5)
Analysis of impact.
(a)
The total future traffic shall be calculated and shall consist of the existing traffic volume expanded to the project completion year using an annual background growth factor plus the development-generated traffic and the traffic generated by other proposed developments in the study area.
(b)
The annual background growth factor shall be determined using the projected rates of population and employment growth as determined by Montgomery County Planning Commission and the average annual traffic growth of the area's roadways as determined from the Delaware Valley Regional Planning Commission's "Highway Network Coverage Traffic Counts" and current twenty-four-hour traffic counts.
(c)
Delay analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made.
(d)
Analysis shall include the peak highway hour(s) and peak development-generated generated hour(s) for all roadways and intersections in the study area. Delay calculations shall be completed for all intersections and proposed access points to the development. A volume/capacity (v/c) analysis shall be conducted for all intersections having a future level of service D, E or F.
(e)
All access points and pedestrian crossing shall be examined as to the feasibility of installing traffic signals. This evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation.
(6)
Conclusions and recommendations.
(a)
Levels of service (LOS) and volume/capacity (v/c) ratios shall be listed for all roadways and intersections. All roadways and intersections showing a level of service E or F, and v/c rations equal to or greater than 1.0 shall be considered deficient.
(b)
The proportion of site-generated traffic to total future traffic shall be identified at each lane group that is considered deficient. Specific recommendations for the elimination of all deficiencies shall be listed and shall include: internal circulation design, site access location and design, external roadway intersection design and improvements, traffic signal installation and operation including signal timing, and transit design improvements.
(c)
All physical roadway improvements shall be illustrated.
(d)
Signal timing shall be evaluated for any intersection with a level of service D, E or F, but a volume/capacity (v/c) ratio less than 1.0. Warrants for signalization shall be examined for unsignalized or undersignalized intersections with levels of service E or F.
(e)
Existing and/or future public transit service shall also be addressed and any transportation management techniques which would be available to the proposed development shall be identified. A listing of all actions to be taken to encourage public transit usage for development generated trips and/or improve existing service, if applicable, shall be included.
E. CAPACITY ANALYSIS LEVEL-OF-SERVICE MAJOR INTERSECTION OFF-SITE TRANSPORTATION IMPROVEMENTS ON-SITE TRANSPORTATION IMPROVEMENTS PUBLIC TRANSIT STUDY AREA(1) (2) (3) (4) TRIP(1) WARRANTS FOR TRAFFIC SIGNAL INSTALLATION
Traffic-related definitions. As used in this section, the following terms shall have the meanings indicated:
Intersection approach capacity is the maximum rate of vehicular flow that can pass through an intersection under prevailing roadway, traffic and signalization conditions. The analysis compares the actual or projected traffic volume to the intersection capacity and results in a volume/capacity (V/C) ratio.
Level of service (LOS), as described in the 1985 Highway Capacity Manual (Special Report 209, Transportation Research Board, as amended), is a qualitative measure of the operational conditions within a traffic stream and their perceptions by motorists. Levels of service are defined in terms of delay for signalized intersections and reserve capacity for unsignalized intersections. Six levels of service (A through F) are defined for each type of facility, with LOS "A" representing least congested operating conditions and LOS "F" representing a breakdown in operating conditions.
The intersection of any arterial or collector street with any other arterial or collector street as defined by the Highway Classification Map of the Township or the equivalent document of adjacent municipalities where appropriate. The transportation engineer shall seek guidance from the Planning Commission prior to the initiation of the traffic impact study to insure agreement on the location of major intersections.
Other transportation-related improvements which are generally not contiguous with the property being developed and not required as an onsite improvements but found to be necessary, partly or wholly as a result of the proposed development.
All improvements on or adjacent to the development site in the public right-of-way required to be constructed by the developer pursuant to any ordinance, resolution or requirement of the Township.
Transportation services for the general public provided by a common carrier of passengers generally but not necessarily on a regular route basis, by a public authority or a private operator offering service to the public.
The study shall be defined by two concentric circles at each access point:
The first circle shall have a radius of 1/2 mile from each access point and shall include all intersections along all roadways on which the tract has frontage and all major intersections on all other roadways.
The second circle shall have a radius of one mile from each access point and include all major intersections on all roadways on which the tract has frontage. In the case that no major intersections are encountered on frontage roadways within either the 1/2 mile or one mile radius areas, the study area shall be extended along frontage roadways to at least the first major intersection in each direction.
Proposals that will generate more than 2,500 new average daily trips shall expand the first concentric circle to a one mile radius and the second circle to a two mile radius.
All intersections identified in the study area should be examined, even if the intersections are located outside of the Township. The transportation engineer shall seek guidance from the Planning Commission prior to the initiation of the traffic impact study to insure agreement on the study area boundaries.
A one way trip into or out of the premises, and not what is commonly referred to as a "round trip."
TRIP GENERATION RATESThe total count of trips to and from a study site per unit of land use, as measured by parameters like dwelling units or acres. The Institute of Transportation Engineer (ITE) Trip Generation Report (Third Edition, as amended) shall be referenced to determine specific rates.
A series of tests which detail the minimum traffic or pedestrian volumes or other criteria necessary for the installation of a traffic signal. These warrants are contained in the Manual on Uniform Traffic Control Devices for Streets and Highways (U.S. Department of Transportation, Federal Highway Administration, 1978, as amended).
§ 285-74 Additional dimensional standards.
[Amended 7-8-1993 by Ord. No. 93-1; 8-9-2001 by Ord. No. 01-1]
The following dimensional standards shall apply in all districts for the types of uses, structures, facilities and/or boundaries specified:
A.
No farm building or other structure for the keeping or raising of livestock or poultry, for storing of farm or other products regardless of kind, or for storing of farm or other machinery shall be erected nearer that 100 feet to any right-of-way, to any public or private wells, on or off the subject property, or to any property line or lot line. In addition, a 50 feet setback shall be required from any dwelling unit.
B.
All swimming pools or ponds shall be set back a minimum of 25 feet from any lot line or ultimate right-of-way line.
C.
Unless specified otherwise, the following maximum height limitations shall apply:
(1)
For any dwelling: 35 feet.
(2)
For any building accessory to a dwelling: 14 feet.
(3)
For barns, silos or other major agricultural buildings: 60 feet.
(4)
For any other nonresidential building or structure. Forty feet, except that such height may be increased, as a special exception, to a maximum of 60 feet or such increased height as may be warranted when approved by the Zoning Hearing Board for such unoccupied structures such as water towers, antennas, chimneys and steeples, provided that the minimum setback of the structure from ultimate rights-of-way, property lines and/or other structures shall be not less than the height of the tall structure, measured to its highest point.
D.
Buildings or structures accessory to dwellings shall comply with the following setback standards:
(1)
For uses identified in § 285-62B(2), (4), (5), (6), (7) and (11):
[Amended 3-8-2007 by Ord. No. 2007-04]
(a)
For buildings with nonconforming setbacks, the front yard setback shall be equivalent to the line established by the front of the dwelling.
(b)
For lots which conform to the size requirements of the district in which they are located, the front yard setbacks shall be that of the underlying district.
(c)
Side and rear yards.
[1]
Rear yard: 10 feet minimum, except that:
[2]
Side yard. The side yard setback shall be the minimum side yard for a principal building, or the actual side yard established by the existing principal building on the lot, whichever is less restrictive, except that a detached structure that has a total floor area less than 250 square feet, has a maximum overall height of 12 feet and is accessory to a dwelling shall have a minimum side yard of three feet.
[3]
Setback between buildings. If an applicant proposes to have two accessory buildings that the total floor area added together would not comply with the setbacks of this section, or the total floor area added together exceed 1,200 square feet, then a five-foot minimum setback shall apply between each such accessory building and between the principal and each accessory building.
(2)
For uses identified in § 285-62B(8) and (9) and any accessory use that requires a special exception, the standards of Subsection A, herein, shall apply.
§ 285-75 Flexible lotting subdivisions.
A.
All subdivisions using a flexible lotting concept, as defined in this chapter and regulated under the various residential districts, herein, shall divide the entire tract on which subdivision is proposed into the following categories:
(1)
Permitted lotting types including conventional, pre-neighborhood, neighborhood, estate and rural lots, in compliance with the dimensional and development requirements of the applicable district.
(2)
Common open land/open space as defined and regulated in this chapter.
(3)
Road and utility rights-of-way.
§ 285-76 Elder cottages.
[Added 11-14-1996 by Ord. No. 96-6]
The Zoning Hearing Board may grant a special exception for the installation and use of no more than one elder cottage on the same lot as an existing single-family detached dwelling in every residential district subject to the following requirements:
A.
Minimum lot size. In order to qualify for installation of an elder cottage, the existing dwelling unit must be located on a lot of 85,000 square feet or larger.
B.
Occupancy.
(1)
At least one occupant of the elder cottage must be over 62 years of age or must be unable to live independently because of mental or physical illness or disability.
(2)
At least one occupant of the principal residence and at least one occupant of the elder cottage must be related by blood, marriage or adoption.
(3)
In no case shall there be more than two occupants of the elder cottage.
(4)
The owner of the principal residence must live in one of the dwelling units on the lot.
D.
Setbacks. The elder cottage shall meet a minimum setback of 25 feet from the side and rear lot lines.
E.
Location. The elder cottage shall be placed in the side or rear yard of the lot no less than 15 feet from the principal residence on the lot. In no case shall the elder cottage be placed in the front yard of the lot.
F.
Lot coverage. The total building coverage and impervious surface coverage shall not exceed the maximum requirements for the zoning district in which the elder cottage is located.
[Amended 1-14-2010 by Ord. No. 2010-01]
G.
Parking. At least one off-street all weather parking space shall be provided for the elder cottage in addition to that required for the principal dwelling. However, no new driveway shall be permitted for the elder cottage.
H.
Utilities.
(1)
For sewage disposal, water supply and all other utilities, the elder cottage shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used.
(2)
If the utility systems are not to be expanded, the applicant shall provide evidence to the Zoning Hearing Board showing that the utility systems are designed to accommodate the total number of occupants of both units.
(3)
If the utility systems are to be expanded, expansion approvals are to be submitted.
(4)
All connections and additions to existing onsite sewer systems are subject to the review and approval of the Sewage Enforcement Officer.
(5)
The applicant shall provide the Township with a performance bond of an amount set by resolution of the Board of Supervisors to ensure adequate sewage disposal and potable water supply. In the event that there is a sewage failure and there is no repair within 30 days after notice by the Township, the use of the elder cottage will be discontinued immediately.
I.
Temporary nature.
(1)
The elder cottage must be removed from the lot and the lot must be restored to its original conditions within 90 days after the elder cottage is no longer a legally permitted use.
(2)
The applicant shall provide the Township with a performance bond in an amount set by resolution of the Board of Supervisors to be used by the Township to remove the unit if the applicant fails to do so within the time frame set forth above.
(3)
If the Township is forced to remove the unit, then the Township retains the right to sell the elder cottage unit and to expend any sums generated by such sale.
(4)
The elder cottage shall be placed on a temporary foundation of easily removable materials so that the lot may be restored to its original use after removal, with as little expense as possible.
(5)
No permanent fencing, walls or other structures (such as a breezeway between the primary residence and the elder cottage) that might impede removal of the elder cottage shall be installed on the single-family lot.
J.
Application procedures. Applicants wishing to install an elder cottage on their property must submit an application for special exception to the Zoning Hearing Board, which shall include the information required by Article IV of this chapter the following:
(1)
A site development plan at a scale not less than one inch equals 20 feet that shows the following information:
(a)
The property boundary lines.
(b)
The location of the existing principal dwelling, existing accessory buildings and the proposed elder cottage.
(c)
Minimum set back lines as specified in the zoning district in which the elder cottage is proposed.
(d)
Dimensions from the property boundary lines and all existing buildings to the proposed elder cottage.
(e)
Lot area.
(f)
Total square footage of the proposed elder cottage.
(g)
Total building and impervious surface coverage for all existing buildings and the proposed elder cottage.
[Amended 1-14-2010 by Ord. No. 2010-01]
(h)
The location, size and extent of all underground utilities and the connection of these utilities to the proposed elder cottage.
(i)
Existing right-of-way and easements within the property boundary lines.
(j)
The location of the boundary of the Floodplain Conservation District, slopes in excess of 15%, wetlands or other natural features that may affect the location of the elder cottage or its parking area.
K.
Permit. Applicants wishing to install an elder cottage on their property must obtain a permit from the Township to operate such a use. Each permit will expire on December 31 of each year and may only be renewed by making application for a new permit. The annual fee for the elder cottage use permit shall be set by resolution of the Board of Supervisors. Each permit application shall be accompanied by a certificate, in the form of an affidavit, verifying that:
(1)
The occupant of the principal dwelling will reside in either the principal dwelling or the elder cottage for as long as both units exist on the property.
(2)
At least one occupant of the elder cottage is either over 62 years of age or is unable to live independently because of mental or physical illness or disability. If the occupant of the elder cottage is unable to live independently because of mental or physical illness and is under 62 years of age, then the applicant shall provide a certificate of disability from a medical doctor.
(3)
At least one occupant of the principal residence and at least one occupant of the elder cottage is related by blood, marriage or adoption.
(4)
The owner of the principal residence agrees that the elder cottage shall be removed from the property within 90 days after it is no longer occupied by a person who qualifies for the use and occupancy permit.
(5)
The owner of the principal residence agrees that the Township may remove the unit and sell it to defray its costs if the unit is not removed within 90 days after the elder cottage ceases to be a legal use.
L.
Additional installation requirements.
(1)
Foundation. The elder cottage shall be placed on a temporary foundation including, but not limited to, pressure treated timbers or piers of concrete block.
(2)
Anchoring. The elder cottage shall be physically anchored to the ground via an anchoring system designed to resist a minimum wind velocity of 90 miles per hour.
(3)
Skirts. All elder cottages shall have skirts installed for the purpose of screening the underside of manufactured homes by forming an extension of the vertical exterior walls of the home and covering the entire distance between the bottom of the exterior walls and the ground elevation below. The skirts must complement the appearance of the elder cottage and must be compatible with the single-family home unless the foundation of the elder cottage fulfills the same purpose.
(4)
Hitch. The hitch or tow bar attached to an elder cottage for transport purposes must be removed.
§ 285-77 Tattoo parlors.
[Added 3-8-2007 by Ord. No. 2007-04]
A.
Tattoo parlors and related businesses shall comply with all applicable state and county regulations.
B.
No tattoo parlor or related business shall be considered to be a permissible change of use, in conformance with Article VI, Nonconforming Status, unless the subject property is located in a district where tattoo parlors are permitted, and can be shown to comply with the regulations, standards and criteria of this section.
§ 285-77.1 Potential inability to develop to maximum density.
[Added 1-14-2010 by Ord. No. 2010-01]
There is no guarantee that a parcel of land can be developed to the maximum density, and the physical constraints of a development, a landowner's choice of dwelling style/footprint, or other factors may limit the landowner's ability to develop the maximum number of dwelling units permitted by the maximum density calculation. A development plan of a landowner shall still be required to comply with all applicable minimum requirements of the Zoning District in which the property is located.
§ 285-77.2 Commercial solar energy systems.
[Added 7-18-2019 by Ord. No. 2019-01]
All commercial solar energy systems installed, operated and/or modified within the Township after the effective date of this section shall comply with the following provisions, as applicable:
A.
The design, installation, operation and maintenance of commercial solar energy systems shall conform to all applicable federal, state and Township construction, electrical and safety industry standards, including, but not limited to, the International Fire Code, the National Electrical Code, the Pennsylvania Uniform Construction Code, Act 45 of 1999,[1] as amended, and its accompanying regulations, and the Public Utility Commission's interconnection rules and regulations.
[1]
Editor's Note: See 35 P.S. §§ 7210.101 through 7210.1103.
B.
Such use shall have a minimum lot size of five acres, and a maximum of 20 acres.
C.
All on-site electrical distribution lines shall be placed underground, to the extent possible.
D.
Commercial solar energy systems shall comply with the setback regulations of the underlying zoning district.
E.
No part of a ground-mounted commercial solar energy system or its support structures shall exceed a height of 20 feet.
F.
The area of any ground-mounted commercial solar energy system shall be considered impervious material and calculated as part of the lot coverage as established by the underlying zoning district and as regulated by the Upper Frederick Township Stormwater Management Ordinance.[2] The area of lot coverage attributable to a commercial solar energy system shall be measured as the entire area of the system (e.g., width X length) in a horizontal plane projected vertically upon the ground. Such coverage may be less than the actual surface area of the system due to slanted or angled installation.
G.
Ground-mounted commercial solar energy systems shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
H.
For all commercial solar energy systems mounted on a pitched roof, there shall be provided a two-foot minimum setback from the roof ridgeline for the roof-mounted solar modules to allow space for firefighters to penetrate the roof to create ventilation.
I.
For all commercial solar energy systems mounted on a flat roof, a three-foot setback for a minimum of two roof edges shall be provided for roof-mounted solar panels to ensure that firefighters may access the roof in a quick and safe manner.
J.
All mechanical equipment of commercial solar energy systems, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with the landscaping and screening provisions of the Code of the Township of Upper Frederick.
K.
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
L.
Commercial solar energy systems mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.
M.
Commercial solar energy systems shall be located on a lot or parcel in a manner that ensures solar access without reliance on adjacent properties. If solar access from adjacent properties is required, the applicant shall submit documentation of adjacent property owner(s) agreement to the Zoning Officer using a solar easement.
N.
Commercial solar energy systems shall be located on a building, lot or parcel in a manner that does not direct concentrated solar radiation or glare onto any neighboring property or public way.
O.
Commercial solar energy systems shall not be used to display advertising of any type, and may only display signage when consistent with this chapter and when said signage identifies the manufacturer and/or installer, or provides warning statements.
P.
A commercial solar energy system, and all materials, structures and accessory equipment installed with that system, that has not been in use for commercial generation purposes for six months shall be removed completely within 90 days of the issuance of an enforcement action. The Township may require evidence of energy production upon request. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation, and to prevent soil erosion and downgradient sedimentation. If a commercial solar energy system remains nonfunctional or inoperative for a continuous period of one year, and has not been removed, the system may be deemed to be abandoned, and may constitute a public nuisance as determined by the Township Zoning Officer.
Q.
A commercial solar energy system owner shall post a bond or other financial security in a form acceptable to the Township at the time of zoning approval to cover the cost of equipment removal. Any and all additional or unanticipated costs of the system removal, including the full cost in the event the bond has expired or is insufficient, shall be the responsibility of the owner of the solar system.
R.
As a condition of approval for any commercial solar energy system project, the applicant/owner must:
(1)
Obtain land development approval for the installation.
(2)
Provide proof that it has secured all necessary interconnections, land acquisitions, and/or easements necessary to undertake and complete the project.
(3)
Replace any trees in kind that are removed in order to make way for any component of the commercial solar energy system.