Upper Hanover Township
City Zoning Code

Subdivision and/or land development applications shall include a proposed plan in compliance with Chapter 425, Subdivision and Land Development, and all other applicable Township ordinances, state or federal regulations.

Applications for permitted uses which are not subdivisions or land developments shall include a proposed plan in sufficient detail and clarity to enable the Township to determine compliance with all applicable regulations. In addition, these applications shall comply with § 500-817 of this chapter.

The proposal for a tract or land area may be carried out in a single phase or in sections, in compliance with the Pennsylvania Municipalities Planning Code, and shall be in compliance with a development agreement in accordance with Pennsylvania law which shall:

Where the dwellings, uses or buildings are located on separate lots, these water and sewage facilities shall not be located on building lots but shall be located on a separate lot or lots used only for these utilities or for utilities and open space. Minimum lot dimensions shall be sufficient to contain the utility facilities and provide a fifty-foot setback from all property lines and a minimum twenty-five-foot-wide usable access to the lot for maintenance and emergency purposes.

Where the dwellings, uses or buildings are located on one lot, these facilities may be located on that lot or may be located on a separate lot or lots used only for these utilities or for utilities and open space.

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.

These facilities shall comply with the requirements of § 500-805 herein regarding ownership and maintenance of common elements.

Greenhouses, barns and machine sheds, preparation of products produced on the premises for sale and/or use at other locations.

Retail sale of agricultural and/or horticultural products on a minimum tract of five acres in compliance with the following:

Keeping of livestock in conjunction with agriculture, in accordance with the following:

Home occupations, subject to the provisions of § 500-809 herein, or which meet the definition of a no-impact home-based business in accordance with the Pennsylvania Municipalities Planning Code.

Private detached garages and other storage buildings with a building footprint of 400 square feet or greater in accordance with the following:

Private parking spaces, not to exceed four per dwelling unit (not counting garage spaces).

Shelter for small domestic animals and domestic farm animals as permitted by § 500-808B(8) and (9) herein.

Noncommercial greenhouse of less than 750 square feet in floor area.

Storage sheds for garden equipment, household goods, and/or sporting goods owned and used by the residents of the dwelling, with a total combined building footprint area of less than 400 square feet.

Noncommercial swimming pool or other recreational facilities, excluding facilities for use of motorized recreational vehicles.

The keeping of domestic farm animals, not in conjunction with agriculture, in accordance with the following:

The keeping of small domestic animals in accordance with the following:

Satellite dish or other television or radio antenna, in accordance with the provisions of § 500-826, herein.

Carport.

Private garages shall comply with § 500-808B(2) herein.

All accessory buildings, regardless of size, are subject to stormwater management controls as deemed necessary by the Township Engineer.

(Reserved)

An accessory structure shall be constructed for a specific use incidental to the principal structure. Accessory structures can be built on site or manufactured elsewhere. Accessory structures shall not include truck bodies, gutted mobile homes, used fuel tanks, trailers, box cars, sea containers or similar impermanent or moveable structures which were manufactured for another purpose.

Routine off-street parking of not more than two commercially registered vehicles with not more than four wheels 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.

Routine off-street parking of one commercially registered vehicle with more than four wheels, which is used regularly or frequently for business purposes, shall be permitted; more than one shall constitute a business operation and shall not be permitted in a residential district.

An in-law suite shall be permitted in single-family detached dwellings. A single-family residence may not be resided in by persons other than those who make up the primary familial unit except for in-law suites as provided herein and only when the terms and conditions of this subsection are satisfied.

The in-law suite shall be a maximum of 40% of the size of the primary residence and no larger than 1,000 square feet.

The owner(s) of the residence in which the in-law suite is created shall occupy either the primary residence or the in-law suite.

The occupants of the in-law suite shall be limited to two in number.

The in-law suite shall be an integral part of the primary residence, with an interior connection to the existing dwelling. The in-law suite shall not be connected to the primary residence by a breezeway.

An in-law suite is not permitted to have a second post office address.

An in-law suite shall not have separately metered utilities.

In-law suites shall meet the dimensional standards of the applicable zoning district and the addition will facilitate the creation of an otherwise allowed in-law suite in a logical manner considering design, layout and safety factors.

Exterior alterations.

Parking. A minimum of one all-weather off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the in-law suite, in addition to that required for the original single-family detached dwelling unit.

Health and Safety Code requirements.

Recording. The owner of the property shall execute an agreement with the Township, which shall be recorded with the Montgomery County Recorder of Deeds, that sets forth the limitations in this subsection as to the use and occupancy of the in-law suite.

Upon Satisfactory completion of the in-law suite, a new use and occupancy permit will be issued for the property that will reflect that an in-law suite is present.

Transfer. Any sale, lease, transfer or other alienation of the property shall be as a single-family dwelling and must include the entire structure located on the property.

Minor home occupations. These uses are permitted by right in all residential dwellings, in compliance with the following requirements:

Major home occupations. These uses are permitted only in single-family detached dwellings in compliance with the following requirements:

A resident of the dwelling must be a principal of the home occupation.

Any use, except professional offices, which involves building alterations requiring approval of the Pennsylvania Department of Labor and Industry shall not be permitted as a home occupation.

The home occupation and its associated structures shall conform with all applicable dimensional standards for the zoning district.

Home occupations conducted entirely within the residence shall not use more than 25% of the gross floor area of the residence for the home occupation. "Gross floor area" shall not include garages, unfinished attics or cellars.

The Board of Supervisors may permit the use of an accessory structure or the use of more than 25% of the residence floor area by conditional use where all other requirements of this section are met.

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 use noxious, combustible, explosive or other types of materials that could endanger the health and safety of the occupants and the surrounding residents.

Home occupations shall not produce noise, dust, vibration, glare, smoke, odor, electrical interference, fire hazard, traffic or any other nuisance not typically experienced in the zoning district where the property is located.

Home occupations shall not include auto-related services, clinics, hospitals, animal hospitals, restaurants, cafes, hotels or boardinghouses, as defined in this chapter, or similar uses.

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.

Only one sign per residence shall be permitted, conforming to the provisions of Article X of this chapter.

No outside storage or display 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.

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 off site for resale.

Direct sale of goods on the premises shall not be permitted routinely, but may be permitted on an infrequent, occasional basis.

No employees, assistants, helpers, subcontractors, etc., shall be permitted except for persons residing on the subject property with the practitioner, unless authorized as a conditional use by the Board of Supervisors.

Vehicular access improvements or any need for additional parking generated by the home occupation over what would normally be expected for a residence, as determined by the Board of Supervisors with the advice of the Township Engineer, shall be met off street and only in the side and/or rear yards of the structure in accordance with Article IX of this chapter, the regulations of the district in which it is located, and Chapter 425, Subdivision and Land Development.

Home occupations that attract customers, clients or students to the premises shall not be allowed in multifamily dwellings.

There shall be no routine, regular or recurring deliveries to or from a home occupation from a vehicle with more than two axles.

Trash removal shall not be permitted in excess of that normally occurring in residential areas.

Family day-care homes, group day-care homes, and day-care centers are not home occupations and are regulated by § 500-822 of this chapter.

Garage sales, yard sales, tag sales, and other similar events are not home occupations and are regulated by other Township requirements.

All home occupations shall be registered with the Township and be subject to an annually renewable permit secured from the Zoning Officer or Township Secretary.

Where necessary to provide adequate protection, shielding or screening of open storage or equipment areas, in compliance with § 500-806B herein.

Where topographic conditions require additional height to provide the same degree of privacy provided by a complying fence on level ground.

Board of Supervisors may require a setback of 10 feet, or greater if circumstances warrant, measured from the legal right-of-way of roads, or from property lines.

The Board of Supervisors may require landscaping to soften the appearance of the fence or wall from surrounding properties or roads.

Not more than 14 feet in height and 20 feet in length;

Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features; and

At least three feet from the side lot line.

Smoke. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10% for a period or periods aggregating more than three minutes in any one hour, or equal to or greater than 30% at any time, and shall comply with Pa. Code Title 25, Chapter 127.A(7) or its most recent update.

Particulate, vaporous and gaseous emissions.

Hazardous air emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C. § 7412) as promulgated in 40 CFR Part 61, or its most recent update.

No person shall cause, suffer or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated.

The prohibition on odors shall not apply to odor emissions arising from the premises of a farm operation.

Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor reduction equipment shall be maintained to support primary odor reduction equipment.

All outdoor storage facilities for fuel, flammable or explosive materials, and raw materials shall be enclosed by a fence adequate to prevent the access of children and other members of the general public.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.

All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.

No materials or wastes of any form may be stored in a floodplain area.

Outdoor storage and refuse areas shall be set back 50 feet from abutting properties that have residential or institutional uses or zoning and 20 feet from all other abutting properties.

Outdoor storage and refuse areas are not permitted in the setback area measured from the ultimate right-of-way line.

No use shall be conducted in such a way as to discharge any treated or untreated sewage except as shall be approved by the Department of Environmental Protection and/or the County Health Department, as appropriate, nor shall industrial wastes be stored, discharged, incinerated or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes.

The application shall be submitted, in writing, to the Township Secretary during regular Township business hours, with a fee as required by the Township's fee schedule.

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.

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.

The Board of Supervisors shall schedule a public hearing within 60 days from the date of the applicant's request, pursuant to public notice, unless the applicant has agreed in writing to an extension of this time limit.

The hearing shall be conducted by the Board of Supervisors, or the Board of Supervisors may appoint any member of the Board of Supervisors or an independent attorney as a hearing officer. The decision to grant or deny the proposed use shall be made by the Board of Supervisors. 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 the ordinance, as it may deem necessary to implement the purposes of this chapter.

In deciding all applications for conditional uses, the Board of Supervisors shall be guided by the following standards and criteria:

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.

Where the Board of Supervisors fails to render a decision within 45 days or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time.

Physical resources. Identification of resources associated with the natural environment of the tract, including geology, topography, soils, hydrology and vegetation. These features shall be mapped at a scale of no less than one inch equals 100 feet and shall be briefly described. The maps shall include:

Land use. Current land use and land cover (cultivated areas, paved areas, pastures, etc.), all buildings and structures on the land, and all encumbrances, such as easements or covenants.

Visual resources. Scenic views onto the tract from surrounding roads and public areas, as well as views of scenic features from within the tract.

Cultural and historic resources. Brief description of historic and cultural character of buildings and structures, if applicable.

Context. General outlines of buildings, land use, and natural features, such as water bodies or wooded areas, roads and property boundaries, within 500 feet of the tract. This information may be presented on an aerial photograph at a scale of not less than one inch equals 400 feet.

Optional sketch plan. The applicant is strongly urged but not required to submit a sketch plan in accordance with § 425-302 of Chapter 425, Subdivision and Land Development, based on the inventory and analysis, in order to resolve design issues before investing in engineered preliminary plans.

Required sketch plan. A sketch plan for ultimate development shall be submitted and approved prior to phasing of preliminary or final plans in accordance with §§ 425-302 and 425-303 of Chapter 425, Subdivision and Land Development.

Dangerous, injurious, noxious or otherwise objectionable condition.

Fire, explosive or other hazards.

Heat, electromagnetic or other radiation.

Noise or vibration.

Smoke, dust, odor or other form of air pollution.

Existing conditions shown and explained in an inventory and analysis as required by § 500-819D. or E herein, as appropriate for the type of proposal.

Proposed conditions, development, facilities and activities in the form of plans, data and narrative text.

A description of the physical environment being 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 appendixes or footnoted with adequate bibliographic references.

A description of the interrelationships and cumulative environmental impact of the proposed facilities and other activities, explained with adequate technical analysis. Economic impact of the environmental impacts shall be included.

An explanation of any effects on desirable employment, taxes and property values, and on desirable community growth.

Identification of nearby recreation areas and an explanation of the impacts of the proposal on those areas.

An explanation of the aesthetic impact of the proposal, including its impact upon visual quality of the surrounding community.

Specific data relating to the impact of the proposed facilities on the following:

Probable adverse environmental impacts which cannot be avoided. These may include, but are not limited to, 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. The applicant shall also provide a clear statement of how unavoidable adverse impacts will be mitigated.

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.

The success and/or failure of similar projects, if the proposal is nonconventional in nature. The Board of Supervisors will determine a proposal's nonconventional character, with the advice of the Township Engineer.

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:

The applicant shall apply to the Board of Supervisors for a tentative approval of the conditional use.

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.

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.

The Township's permit shall be issued to the applicant within 30 days after final approval of the conditional use application.

When located in residential zoning districts, the site:

The permit shall be renewable annually.

The permit shall be automatically revoked:

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.

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 its approval.

Family day-care homes must hold an approved and currently valid DPW registration certificate.

Group day-care homes and day-care centers must hold an approved and currently valid DPW license.

All day-care facilities shall meet the parking requirements found in § 500-901A(11)(k).

These areas shall not be located in a yard area adjacent to a road or heavily traveled driveway. Where play areas are located adjacent to on- or off-site parking, loading or driveway facilities, physical barriers shall be installed to guard against vehicles entering the play area.

For group day-care homes and day-care centers, the play areas shall meet the setback requirements for a principal building in the district in which they are located.

Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

The dropoff area shall be immediately adjacent to the day-care building and be designed so that pedestrians do not cross vehicular traffic lanes in any parking area or driveway.

In dropoff areas within parking lots, the spaces nearest the building entrance shall be used for drop off. As part of a driveway, the dropoff area shall be located in a vehicle turnout lane 12 feet wide, exclusive of the driveway through lane.

The minimum number of dropoff spaces (equivalent to a parking space in size) shall be as follows:

No light shall shine directly into the windows of a building on abutting property.

No light shall shine directly from a light source onto the ground or improvements of an abutting property, although incidental light may be permitted to fall on abutting property.

Where the abutting property is residentially zoned or used, nonresidential uses shall direct light fixtures toward the nonresidential development and shield the residential properties from direct lighting or glare. An intensely lit nonresidential use shall also install a landscaped screen buffer along the residential property line, in compliance with the landscaping regulations in Article V of Chapter 425, Subdivision and Land Development.[1]

Light fixtures closer to a side or rear lot line than the side or rear yard setback shall be no more than 10 feet high and shall be so constructed that all light shall be aimed perpendicular to the side or rear lot line and in the direction of the nonresidential development.

All light fixtures for nonresidential uses shall use the most current lighting industry technology to ensure that these performance standards are satisfied.

Noncommercial antennas. These are permitted in any zoning district, according to the provisions of § 500-826B and D herein. Only a private noncommercial radio and/or television antenna or dish is permitted and only as an accessory use to the primary use on the lot.

Commercial antennas. These are permitted only in the LI Limited Industrial, LIC Limited Industrial and Commercial, OS Outdoor Storage and Intensive Commercial/Industrial and CB Commercial Business Districts, according to the provisions of § 500-826C and D herein.

Cellular or wireless communications antennas and towers. These are permitted according to the provisions of § 500-833 herein.

No dish or antenna 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 dish or antenna shall be installed in the location that will shield the view of the dish or antenna from the street or from neighboring properties to the greatest extent feasible. If mounted on a building, the dish or antenna 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.

No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area by any provision of this chapter.

When ground mounted, the dish or antenna 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 are the height of the dish or antenna when planted, and which will form a complete visual barrier.

No dish shall not 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.

No more than one dish shall be permitted on any lot. If more than one antenna is required, it shall be placed on a structure shared with other antennas.

The dish or antenna shall be installed in the location that will best shield the view of the dish or antenna from the street or from neighboring properties.

No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area by any provision of this chapter.

When ground mounted, the dish or antenna 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 are the height of the dish or antenna when planted or six feet (whichever is lower) and which will form a complete visual barrier.

Height. Dishes and antennas shall be the minimum height needed to function satisfactorily. No dish or antenna than is taller than this minimum height shall be approved.

Setbacks.

Antenna and support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. When required by the Township, all support structures shall be fitted with anticlimbing devices, as approved by the manufacturers.

Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a maximum of eight feet in height. This requirement shall apply to all antennas and satellite dishes that are mounted on the ground and meet either of the following criteria:

Landscaping.

Required parking. If the antenna site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

Painting and lighting. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller or those near airports shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.

Licensing. The applicant must be licensed by the Federal Communications Commission when required.

Township identification. When permits are required, an identification tag with the Township permit number shall be attached to all antennas, towers and dishes.

Advertising. No advertising shall be affixed to any dish, antenna, supporting structure or tower.

Site plan. When required, the site plan shall show the following information:

Installation of antennas shall require a use and occupancy permit, except for satellite dishes less than three feet in diameter when mounted on an existing structure.

All applications must include certification by a registered engineer that the proposed installation complies with all applicable BOCA Code[1] standards, including load distributions within the buildings support structure for roof-mounted installations, for satellite dishes more than three feet in diameter or antennas more than 10 feet in height.

All installations shall be located to prevent obstruction of the antenna or satellite dish reception window by potential permitted development or landscaping on adjoining properties.

The nature of the structure itself and the extent to which it is consistent or inconsistent with the landscape and structures in the vicinity of it;

The height of other buildings and structures in the area;

The proximity of residences and the extent to which the height of the structure diminishes the quality of life for those residing in proximity to the structure;

Whether the structure is proposed to include lighting;

Where the structure will generate noise;

The possibility of harm to persons or property even when meeting the required yard setbacks;

Whether the structure would be subject to regulation by agencies other than the Township and the extent to which such regulations could have a negative impact on the community (for example, lighting required for a structure in an established approach path to an airport; PUC regulations applicable to water tanks, etc.).

To satisfy the need for wireless communications antennas while carefully regulating their locations and characteristics.

To minimize adverse visual effects of wireless communications antennas, communications towers, equipment buildings, and site development through design, siting and landscape screening standards.

To avoid potential damage to adjacent properties from communications tower failure and falling ice, through engineering and siting standards for communications towers.

To encourage the shared use (co-location) of any new communications towers to reduce the number of such towers needed.

Antennas permitted by right on existing towers or other structures. Wireless communications antennas and their equipment buildings are permitted by right only when the antennas are attached to an existing tower or other structure as follows:

Antennas permitted by special exception on new communications towers. Wireless communications antennas and their equipment buildings are permitted by special exception in the LIC Limited Industrial and Commercial, LI Limited Industrial, and OS Outdoor Storage and Intensive Commercial/Industrial Districts when a new communications tower is required for the antennas. This includes communications towers proposed to be built on existing or proposed buildings. All other uses ancillary to the communications antenna and associated equipment (including business office, maintenance depot, vehicle storage, etc.) are prohibited from the wireless antenna site unless otherwise permitted in the zoning district in which the wireless antenna site is located.

Where communications antennas and towers are permitted, they may be located on a lot that contains an existing principal use.

Size and height limits of antennas.

Height and setbacks of communications towers and equipment buildings.

Minimum lot size. In addition to meeting the setbacks required in Subsection C(2)(b), (c) and (d) above, a communications tower and its equipment building(s) shall be located within a lot that meets the minimum lot size and other requirements of the zoning district in which it is located, although the tower and building(s) may occupy a smaller leased area within that lot. A communications facility that is designed to be unattended on a daily basis and would be visited only for regular maintenance purposes may be located on a property which contains another principal use.

Access. Vehicular access shall be provided to the equipment building(s) and antennas by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with an improved driveway for its entire length. The driveway shall be paved between the edge of the cartway and the ultimate right-of-way but may be stone thereafter, in compliance with the Township's Engineering Standards.[1]

Parking. A minimum of one off-street parking space shall be provided for each provider using a tower or other structure for its antennas, to a maximum of three spaces per tower or other structure, for temporary use by maintenance or inspection personnel.

Security fencing and guy wires. A security fence, eight feet in height, shall be required to surround communications towers and equipment buildings. For guyed towers, an eight-foot fence shall surround the guy wire anchors. All guy wires shall be clearly marked to be visible at all times within 15 feet of the ground. and their anchors shall be set back at least 25 feet from property lines.

Landscaped screening. Landscaped site element screens shall be provided to screen the base of towers, equipment building(s), parking, and guy wire anchors in compliance with the most intense screening standards of the Township's Subdivision and Land Development Ordinance. The landscaped site element screen shall be located outside the fence, and landscaping shall provide all-year screening. A property line buffer shall also be provided between these features and adjacent residential development or zoning.

Evidence of need. Using technological evidence, the applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that the communications tower must go where it is proposed in order to satisfy its function in the provider's grid system. The applicant shall provide a map identifying all existing and proposed towers in the Township and adjacent communities and evaluate the use of repeater antennas as a substitute for a new tower.

Potential use of existing structures. The applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that it has contacted the owners of potentially suitable structures within a 1/2 mile radius of the proposed tower site and was denied permission to install the antennas, including repeater antennas, on those structures for one or more of the following reasons:

Maintenance and removal when abandoned.

Accommodation of other providers. The applicant shall agree that the proposed communications tower shall be constructed to maximize accommodation of other users, including other communications companies and local police, fire and ambulance companies, structurally appropriate for the proposed tower.

Structural certification and annual inspections. The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower and antennas will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Township's Building Code.[2] The provider shall have qualified inspectors conduct annual structural inspections and provide inspection reports to the Township certifying the structural integrity of the tower and antennas.

Anticlimbing devices. All towers shall be fitted with anticlimbing devices, as approved by the manufacturers.

Appearance.

Signs and lights. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, the Federal Aviation Administration or other governmental agency which has jurisdiction, or which may be needed for emergency repair.

Land development plan required. The construction of a communications tower and equipment building or cabinet shall be considered a land development and shall require submission of a complete land development plan for review and approval, as required by Chapter 425, Subdivision and Land Development.

Plan requirements. The installation of communications antennas on existing structures and the construction of new communications equipment buildings or cabinets for those antennas do not require the submission of a complete land development plan. However, a site plan shall be submitted in sufficient detail to allow the Township Engineer and Township Zoning Officer to evaluate compliance with the requirements of this section.

Additional required information. Any applicant proposing communications antennas that will be mounted on a building or other structure shall submit the following information:

All providers shall submit a copy of their FCC license to provide wireless communications services to the Township.

No towers shall be constructed on a speculation basis.

Provide for the reasonable development, upgrading and expansion of public and/or private sewage collection and treatment facilities within Upper Hanover Township.

Limit the permitted sewage collection and treatment facilities to those that serve development and land uses within Upper Hanover Township, Marlborough Township, East Greenville Borough, Pennsburg Borough, Red Hill Borough and Green Lane Borough, consistent with adopted municipal and/or multi-municipal Act 537 sewage facilities plans of those enumerated municipalities.

Protect neighboring properties from potentially adverse impacts of these facilities through property buffering, setbacks and performance standards.

Assure appropriate development, upgrading and expansion by providing proper design and dimensional standards for development and expansion of these permitted uses.

Centralized sewage/wastewater treatment facilities, including:

Existing uses or facilities. Uses and/or facilities specified in Subsection C herein in existence as of the date of adoption of this amendment shall be considered conforming uses permitted by right when they comply with the following:

Upgrade or expansion of existing facilities. Any existing use or facilities permitted by right shall be allowed by right to be upgraded, expanded or improved for greater efficiency in operations and/or to meet new governmental requirements, in conformance with the following:

Sewage pumping station.

Addition of new process. The addition of a new process not presently conducted at the site of an existing use shall be allowed as a conditional use. "New process" shall means any means of treatment or handling of sewage or sewage sludge generated within the limits of an approved Act 537 sewage facilities plan for the exclusive use of Upper Hanover Township, Marlborough Township, East Greenville Borough, Pennsburg Borough, Red Hill Borough and Green Lane Borough, either individually or jointly. These may include, but not be limited to, dewatering, clarifying, digesting or drying sewage or sewage sludge, not currently conducted at the site of any existing use.

Any uses permitted under this section shall be required to submit a land development plan to the Township in the same manner as upgraded or expanded uses permitted by right. The land development plan requirements shall be as specified in § 500-834D(2)(a).

Additional requirements for conditional uses.

The lot width, lot area, setbacks (or 150 feet from an occupied building, whichever is greater), building coverage, and impervious coverage requirements of § 500-1802C. of this chapter shall be applicable for public or private centralized sewage/wastewater treatment plants.

No lot area minimum shall apply to sewage pumping stations located remotely from a sewage treatment plant on a separate lot.

No sewage pumping station with an average daily flow of 20,000 gallons per day or less (using 200 gallons per day as the average daily flow of a residence) shall be located within 100 feet of an occupied building.

No sewage pumping station with an average daily flow greater than that defined in § 500-834F(3) shall be located closer than 150 feet from an occupied building.

Building and structure height requirements of § 500-1802E of this chapter shall be applicable to all uses covered by this section.

Parking shall be calculated in accordance with § 500-901B of this chapter.

Performance standards contained in § 500-817 of this chapter shall be applicable to all uses covered by this section.

Any lighting provided shall comply with Upper Hanover Township lighting regulations.

Noise control standards of Article XXVIII of this chapter shall be applicable to all uses covered by this section.

Equipped with at least one twenty-four-hour automated access gate.

A minimum of six feet in height.

Decorative/architectural when facing a street.

Servicing or repair of vehicles, boats or other equipment;

Auctions;

Commercial or private sales;

Flea markets;

Yard or garage sales; and/or

Storage/transfer of vehicles for business purposes.

The area of the outdoor storage shall be limited to 15% of the proposed total storage area, as determined by the building footprint(s).

The area shall be one single designated area separate from the storage units, such that stored vehicles shall not interfere with traffic movement through the complex.

Outdoor storage is prohibited in the front, side and rear yards.

Outdoor storage should be to the rear of the storage buildings but shall be located in the least environmentally sensitive area of the tract.

Items stored outdoors shall be limited to registered, noncommercial automobiles, boats, recreational vehicles, trailers and similar vehicles, excluding mobile homes.

No junk vehicles shall be stored.

Human habitation of any stored item is strictly prohibited.

Outdoor storage shall be subject to the site element screen category of "outdoor sales yard and vehicle storage" contained in Chapter 425, Subdivision and Land Development.[1]

Independent dwelling units. Single-family detached dwellings, single-family semidetached dwellings, two-family detached dwellings and single-family attached dwellings (provided that no more than six single-family dwelling units are attached in a linear row). Each individual dwelling unit shall contain complete kitchen, toilet and bathing facilities and shall have at least one outside window.

Apartment housing units. Multifamily dwellings in which each group of living units is associated with one or more common areas designed for the exclusive benefit of the group. Each living unit shall contain at a minimum a private or semiprivate bedroom and a private complete bathroom. Each living unit shall provide space and facilities for cooking and related kitchen activities, dining, bathing and toilet functions. Common areas may also be provided for recreation, relaxation, clothes washing, and similar activities.

Skilled care facilities. Premises or a portion thereof used to house and care for persons requiring hospitalization, skilled or continuous nursing care, or any combination thereof, for periods exceeding seven consecutive days.

Personal care congregate facilities also called "assisted living facilities." Premises or a portion thereof in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for residents requiring supervision and assistance in such matters as dressing, bathing, diet or medication prescribed for self-administration, but not requiring hospitalization or skilled nursing care. Facilities shall include a living/sleeping area and a private powder room and bath (although a shared bath will be permitted).

Building size. Not more than six single-family attached dwellings shall be placed in a continuous attached row.

Distance between buildings. The horizontal distance between any two buildings shall not be less than:

Setbacks. The following minimum setbacks shall be observed:

Height of buildings. The maximum height for any building in a retirement complex shall not exceed 35 feet, except that the maximum height of apartment housing units, skilled care facilities or personal care congregate facilities may be increased by five-foot increments for every additional 10 feet of building setback as specified in § 500-837B(3)(a) herein. Under no circumstances shall the height of a building exceed 50 feet.

Utilities. All buildings within a retirement complex shall be served by a public sewage disposal system and by centralized water supply facilities. In addition, all utility lines (electric, telephone, etc.) shall be placed underground.

Common areas and facilities. Where facilities serving the entire development, such as parking lots, interior pedestrianways, driveways, alleys, lighting facilities, landscaped planting areas, buffers, open spaces, and recreation areas, are provided in common areas, provisions shall be made for their perpetual maintenance and care by the applicant.

Upon receipt of the Planning Commission recommendation, the Board of Supervisors shall review the preliminary plans and may:

Upon approval of the preliminary plan or approval thereof with conditions, the developer shall submit, within one calendar year unless otherwise extended by the Board of Supervisors, a final development plan to the Upper Hanover Township Planning Commission complying with the requirements of Chapter 425, Subdivision and Land Development, for Planning Commission review and recommendations. The Planning Commission may require that the final development plan be submitted separately for the first and each successive stage.

The Planning Commission shall determine at each stage if the final development plans conform to the preliminary plans and the requirements of this chapter and Chapter 425, Subdivision and Land Development. The Commission, having reviewed the final development plans, shall present its recommendations to the Board of Supervisors.

Upon approval of the final development plans by the Board of Supervisors and execution by the developer of any necessary land development agreement with the Township of Upper Hanover and posting by the developer of security for construction of public improvements, as required by Chapter 425, Subdivision and Land Development, construction shall begin in accordance with the approved final plan within one year unless otherwise extended by the Board of Supervisors. If the retirement complex is to be developed in stages, the initial development must be completed within two years after the final development plan has been approved, unless otherwise extended by the Board of Supervisors. In the event that construction is not started or completed within the specific time, zoning permits may be revoked.

Nothing herein shall be construed to confer a tax-exempt status on any retirement complex permitted and/or approved in accordance with the terms of this article and/or chapter.

Grilling/cooking using charcoal, wood, propane or natural gas in grilling/cooking appliances.

Burning in a stove, furnace, fireplace or other heating device within a building or structure used for human or animal habitation.

The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating construction activities.

Rubbish or garbage, including but not limited to paper, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, paint thinner, furniture, composite shingles, demolition and construction debris or other household or business wastes;

Waste petroleum and/or oil or other oily wastes;

Asphalt and products containing asphalt;

Treated, painted, or varnished wood or wood products, including but not limited to plywood, composite wood products, and oriented strand board;

Any plastic material, including but not limited to nylon, polyvinylchloride (PVC), acrylonitrile butadiene styrene (ABS), polystyrene or urethane foam, and synthetic fabrics, films and containers;

Rubber, including tires and synthetic rubber-like products;

Any material that is not recommended for burning by the manufacturer of the outdoor solid-fuel-burning furnace;

Lawn clippings, leaves, garden residue, tree trimmings, chipped shrubbery, yard waste, saltwater driftwood, and other vegetative material;

Chemicals;

Hazardous waste; and

Manure.

The minimum width shall be 20 feet for two-way traffic (12 feet for one-way traffic).

Sidewalk and curb are not required.

Roads are not required to be paved, but the construction must be such that the surface shall remain mud- and dust-free.

Alignment of the internal road system shall be in accordance with "Alignment of Streets and Driveways" contained in the Subdivision and Land Development Ordinance.[1]

Final design and construction of the internal road system must be determined acceptable by the Township Engineer.

Setback restrictions.

Height restrictions.

Impervious coverage.

Solar energy systems shall be operated in compliance with all federal, state and local laws and regulations.

Solar energy systems shall not be used to display advertising or decoration, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, lights, or similar items. Manufacturers and equipment information, safety warnings, and ownership information may be displayed on solar energy system equipment provided such information complies with applicable sign regulations.

Setback.

Screening. All ground-mounted solar energy systems shall be located so that any glare or reflection is directed away or is buffered from adjoining properties, certified by a licensed engineer in a glare analysis report. Screening and landscaping shall be provided along all public roadways and along property lines that abut an existing residential use. Landscape screening will be installed a minimum six feet in height, regardless whether a berm is installed.

Design. Installation shall comply with the Pennsylvania Uniform Construction Code and electrical components shall comply with all applicable electrical codes. No component of the system may exceed 12 feet in height measured from existing ground level. Back feed prevention and lightning grounding are required.

Applicant will cooperate with Township emergency services to develop an emergency response plan for the system.

Stormwater management facilities shall be provided for the proposed solar energy system in accordance with the Upper Hanover Township Stormwater Management Ordinance as deemed reasonably necessary by the Township engineer. Stormwater running off the array panels shall be included in any stormwater analysis. In determining compliance with the ordinance, the engineer shall refer to the Pennsylvania Dept. of Environmental Protection publication, "Chapter 102 Permitting for Solar Panel Farm, Frequently Asked Questions, April 30, 2021" and any updates thereto, in conjunction with the stormwater ordinance and its definition of impervious coverage.

Solar energy systems shall be operated in compliance with all federal, state, and local laws and regulations.

Solar energy systems shall not be used to display advertising or decoration, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, lights, or similar items. Manufacturer and equipment information, safety warnings, and ownership information may be displayed on solar energy system equipment provided such information complies with applicable sign regulations.