Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 300-1 Title.
This chapter shall be known and may be cited as the "Upper Providence Township Zoning Ordinance."
§ 300-2 Community development objectives.
The community development objectives of the Township are as follows:
A.
Guiding the future development of the Township in accordance with comprehensive planning of land use and population; the most beneficial relationships among the residential, commercial, industrial and recreational areas within the Township, having regard to their suitability for the various uses appropriate to each of them as indicated by topography and soil conditions, existing man-made conditions and population trends; and considering such conditions and trends both within the Township and with respect to the relation of the Township to surrounding areas.
B.
Protecting the character and social and economic stability of each of such areas and guiding their orderly and beneficial growth.
C.
Protecting and conserving the value of land and buildings throughout the Township appropriate to the various zoning districts established herein.
D.
Bringing about a beneficial relationship between land use and traffic circulation and the avoidance of congestion in the streets and the provision of safe and convenient access appropriate to the various land uses.
E.
Fostering the efficient provision of public facilities and services and their relationship to the orderly growth and development of the Township.
§ 300-3 Establishment of controls.
A.
For new uses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed and used only in accordance with the regulations specified for each district.
B.
For existing uses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed nonconforming and subject to the regulations of Article III.
C.
Limitation on principal uses and/or buildings. Except as may be permitted in a specific zoning district, no more than one principal use or building may be permitted per lot.
[Added 12-16-1991 by Ord. No. 307]
§ 300-4 Establishment of districts.
[Amended 12-10-1979 by Ord. No. 211; 10-19-1981 by Ord. No. 224; 4-4-1988 by Ord. No. 278; 8-6-1990 by Ord. No. 300; 6-15-1992 by Ord. No. 312; 10-4-1993 by Ord. No. 321; 5-20-2002 by Ord. No. 414; 7-15-2002 by Ord. No. 419; 3-15-2004 by Ord. No. 434; 3-20-2006 by Ord. No. 458; 12-15-2008 by Ord. No. 495; 9-16-2013 by Ord. No. 529]
For the purposes of this chapter, the Township is hereby divided into districts, which shall be designated as follows:
FP | Floodplain Conservation District |
R-1 | Residential-Agricultural District |
R-2 | Residential District |
R-3 | Residential District |
R-4 | Residential District |
OSR-1 | Open Space Residential Community District - 1 |
OSR-2 | Open Space Residential Community District - 2 |
VP | Village Preservation District |
GCR | Golf Course Residential Community District |
ARR | Age-Restricted Residential Community District |
CL | Cluster Development District |
MH | Mobile Home Development District |
IN | Institutional District |
NC | Neighborhood-Convenience Commercial District |
CRSC | Community and Regional Shopping Center District |
PBO | Professional and Business Office District |
M-1 | Office and Limited Industrial District |
IO-1 | Interchange Office District |
IO-2 | Interchange Office Support District |
IO-3 | Interchange Office, Retail, Service and Recreation District |
M-2 | Manufacturing Industrial District |
SS | Steep Slope Conservation District |
OSC | Open Space Conservation District |
TDR | Transfer of Development Rights District |
VCO | Village Commercial and Office District |
§ 300-5 Lot requirements.
Any lot, as well as the open space reserved on it, must equal or exceed the minimum sizes prescribed by this chapter for the district in which the lot is located.
§ 300-6 Corner lots.
[Added 2-20-2001 by Ord. No. 401]
Corner lots shall have a front yard on each street which the lot abuts and therefore must have a minimum of two front yards. The remaining yards shall be side or rear yards. There shall be a minimum of one rear yard and one side yard. The lot owner or developer may designate which yard is the rear yard and which is the side yard. If the shape of the lot is such that following the requirements of this provision is unclear or infeasible, the Zoning Officer shall determine the yard designations for the lot. The designation of the various yards shall be included on any record plan of subdivision and be included in the deed for each corner lot. The designations of the various yards is a single designation and, once made, is applied to the lot in perpetuity.
§ 300-7 Zoning Map.
The areas within the Township limits as assigned to each district and the location of boundaries of the districts established by this chapter are shown upon the Zoning Map, which is declared to be a part of this chapter and shall be kept on file by the Township Manager.[1]
[1]
Editor's Note: The Zoning Map, adopted 11-3-1980 by Ord. No. 222, and all amendments thereto, are on file in the office of the Township Secretary. A copy of the map is included as an attachment to this chapter.
§ 300-8 District boundary lines.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:
A.
When the boundary of a zoning district is established by a right-of-way, road, highway or alley, the zoning district shall be construed as extending to the center line of such right-of-way, road, highway or alley. When a right-of-way, road, highway or alley is contained wholly within a zoning district, then such right-of-way, road, highway or alley shall be construed as entirely within and part of that zoning district. Where the official map illustrates particular roadways in white or without showing a zoning district to the center of a roadway, this is only for ease of viewing, and when interpreting the map this provision shall be deemed controlling with respect to zoning district boundaries.
[Amended 3-15-2021 by Ord. No. 588]
B.
Boundaries indicated as approximately following plotted lot lines shall be construed as following such lines.
C.
Boundaries indicated as approximately following Township boundaries shall be construed as following such boundaries.
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.
Boundaries indicated as following streams and rivers shall be construed to follow the center lines of the same.
F.
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.[1]
[1]
Editor's Note: Original § 182-7G of the 1990 Code, which dealt with the use of the Schuykill Expressway as a boundary line, which immediately followed this section, was repealed 12-16-1991 by Ord. No. 307.
G.
Where physical features existing on the ground are at a variance with those shown on the Official Zoning Map or in other circumstances not covered by Subsections A thorough F above, the Zoning Officer shall make an initial determination. Thereafter, any party may appeal his decision to the Zoning Hearing Board, which, upon appeal, shall interpret the district boundaries.
H.
When a district boundary line divides a lot held in single and separate ownership as of the effective date of this chapter or a subsequent amendment thereto, the regulations as to use in the less restrictive district may, when authorized as a special exception, extend over the portion of the lot in the more restrictive district, to the nearest lot line, but in no case a distance greater than 50 feet; provided, however, that the setbacks, coverages, height and all other developmental regulations of the less restrictive district shall not be so extended. The Zoning Hearing Board may require suitable buffering if the use on the abutting lot is different than the use being extended by application of this provision; provided, however, that this provision does not imply permission to extend uses into either the Floodplain Conservation District or the Steep Slope Conservation District which are not normally permitted in those districts.
[Added 12-16-1991 by Ord. No. 307]
§ 300-9 Lots of record.
[Amended 9-20-1982 by Ord. No. 231]
For a lot of public record in single and separate ownership at the time of enactment of this chapter or applicable amendment thereto which does not meet the minimum area or lot width requirements of the district in which it is located, the provisions of § 300-77 herein shall apply.
§ 300-10 Reduction of lot area.
No lot shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than herein prescribed.
§ 300-11 Visibility at intersections. [1]
On corner lots, no physical improvements on planting areas shall be erected, altered or maintained within the required yards which shall cause obstruction to drivers' vision from the abutting intersection. A sight triangle is a triangle whose legs are the sides of a cartway and an access way which intersects it, with each leg being not less than 30 feet from the point of intersection of the two legs.
§ 300-12 Access to public streets.
[Amended 12-10-1979 by Ord. No. 211; 9-20-1982 by Ord. No. 231; 12-16-2013 by Ord. No. 535]
No structure shall be erected without direct access over the same lot. Such access shall be at least 50 feet wide and shall extend from the structure to a public road. This section shall not be construed to apply to access to individual units within the R-3 and R-4 Residential Districts, which is provided for under §§ 300-203B(5) and 300-221B(5), respectively, and access to parcels within the VCO District, which is provided for under § 300-492B8(a). Additionally, the Board of Supervisors may require that access be taken from a private road with access to a public road, if a private road borders the proposed site; all easements and other required documentation shall be filed with the Township.
§ 300-13 Existing interior lots.
[Amended 9-20-1982 by Ord. No. 231]
Existing lots for which access to a public road is not in compliance with § 300-12 may be built upon only when authorized by a variance. In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be included. The strip of ground connecting the lot with the public road shall be used as access to only the particular lot of which it is a part.
§ 300-14 New rear (interior) lots.
[Added 12-16-1991 by Ord. No. 307]
Newly created rear lots may be allowed only upon approval of the Board of Supervisors, upon recommendation by the Planning Commission.
A.
Purposes for use of rear lots. Rear lots may be allowed when one or more of the following purposes are served:
(1)
To preserve existing farmland and/or rural appearance and character by locating building areas remote from existing road frontage.
(2)
To permit reasonable subdivision of land which is physically constrained by unusual configuration of the tract or limited road frontage and which could not be subdivided in a desirable manner using traditional road and lotting patterns.
(3)
When future subdivision of a tract is contemplated and supported by a tentative sketch of the entire parcel and when rear lotting serves to reduce the number of access points from existing roads by providing for a common access driveway along an access strip which is reserved for future use as a road right-of-way.
(4)
To permit an alternative to the construction of new residential roads, where such roads cannot be justified in terms of the number of lots served, volume of traffic generated and/or the need to extend access to adjacent tracts.
B.
Design requirements. In addition to the regulations for rear lots contained in § 270-54 of Chapter 270, Subdivision and Land Development, the following design requirements shall apply to all rear lots:
(1)
For each rear lot created, there shall be a corresponding road frontage lot containing at least the minimum lot width at the building setback line for the applicable zoning district. The frontage lot shall be located in front of and adjacent to the rear lot being created.
(2)
The access strip shall be a fee simple part of the rear lot and extend from the public road to the developable portion of the lot which it serves. The access strip shall not be a separate lot or easement over another lot.
(3)
The access strip shall be a minimum of 50 feet in width for its entire length from the road right-of-way to the developable portion of the lot, unless additional width is necessary or desirable for drainage, grading or preservation of natural features.
(4)
The area of the access strip shall not be part of the minimum lot area required for the applicable zoning district.
(5)
The minimum front yard depth shall be measured along the property line which most nearly parallels the street upon which the rear lot fronts.
§ 300-15 Permitted accessory uses.
Accessory uses authorized in this chapter shall include any of the following or similar uses:
B.
Uses accessory to dwelling.
[Amended 2-21-1978 by Ord. No. 197; 6-15-1987 by Ord. No. 271]
(2)
Noncommercial greenhouses.
(3)
Home gardening.
(4)
Temporary unit for relative (in-law suite). A temporary dwelling unit may be established as an accessory use to a principal single-family dwelling unit if the following requirements are met:
[Added 8-1-2011 by Ord. No. 517]
(a)
The unit shall be totally enclosed within the principal building.
(b)
The principal dwelling unit shall be owner-occupied.
(c)
An internal connection shall be maintained as a means of access between the principal and accessory dwelling units.
(d)
The owners shall file a written covenant in the Montgomery County's Recorder of Deeds office that prohibits the use of the property as two or more dwelling units. The covenant must be approved by the Township Solicitor.
(e)
Immediate family members are limited to parents, grandparents, children, grandchildren, siblings, aunts, uncles, stepparents, and stepchildren.
C.
Uses accessory to residential subdivisions or land developments.
[Added 2-5-1996 by Ord. No. 350]
(1)
Sales trailer or similar temporary structure used in connection with the sale of lots, single-family detached houses or other dwelling units in new residential subdivisions or land developments; provided, however, that the trailer or structure and any ancillary parking facilities are located only within the building envelope on an approved residential lot in the subdivision or within the area approved for development of residential units in the case of development of non-single-family detached homes, and further provided that said sales structure shall be removed within seven days following the issuance of a certificate of occupancy for the first sample in the subdivision or phase of subdivision or development or phase of development with which the sales structure is associated.
D.
Permits required. Construction of any accessory use which is either a structure or building, as defined in this chapter, shall require the issuance of a zoning permit, regardless of the size of its footprint.
[Added 3-15-2004 by Ord. No. 435]
E.
Limitation on number of accessory structures and/or uses. The number of accessory structures and/or uses on any individual lot shall be limited as follows: No more than 3% of the lot area shall be devoted to the cumulative total for such structures and/or uses for lots with lot areas up to and including 20,000 square feet, and no more than 2% of the lot area shall be devoted to the cumulative total for such structures and/or uses for lots with lot areas greater than 20,000 square feet; provided, however, that in no case shall the total number of accessory uses and/or structures on any lot exceed three, exclusive of one swimming pool; further provided, that nothing in this section shall be construed to allow greater building coverage than is otherwise permitted in the zoning district in which the lot is located.
[Added 3-15-2004 by Ord. No. 435]
§ 300-16 Minimum setback for accessory uses.
[Amended 9-17-1990 by Ord. No. 301; 12-16-1991 by Ord. No. 307; 3-15-2021 by Ord. No. 588; 8-15-2022 by Ord. No. 595]
Except where stricter requirements apply, an accessory building may be erected within side or rear yards, provided that it is located at least as far back from the street line as the foremost portion of the principal building and provided, further, that the minimum distance between the building and side and/or rear lot line is five feet. When an accessory building is located on a corner lot the accessory building may be placed in a yard defined as the front yard for a corner lot (defined in § 300-6 herein), as long as that yard is not the front yard in which the primary structure predominantly faces. Any ambiguity regarding the yard area that the primary structure predominantly faces shall be determined by the Zoning Officer. Where a front yard of a corner lot allows for the placement of an accessory structure, it is subject to the same minimum five-foot setback as set forth herein for side and rear yards.
§ 300-17 Projections into required yards.
No structure and no part of a structure shall be erected within or shall project into any minimum 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 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 existing depth of the yard.
B.
A terrace, 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 yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the existing depth or width of the yard.
C.
A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.
[Amended 2-21-1978 by Ord. No. 197]
D.
Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
§ 300-18 Exceptions to maximum height restrictions.
Exceptions to the maximum height specified in each district shall be governed by the following:
A.
Chimneys, spires, towers, skylights, tanks, radio or television aerials or similar uses or structures shall not be included in calculating the height where such structures are customary vertical projections of a permitted building.
B.
In any residential district the prescribed basic height limit may be exceeded by one foot for each foot by which the width of each side yard and the depth of each rear yard are increased beyond the minimum requirements, up to a maximum of 10 feet.[1]
[1]
Editor's Note: Original Section 116, which followed this section, was repealed 12-10-1979 by Ord. No. 209.
§ 300-19 Mobile homes and mobile home parks.
A.
Mobile homes are a permitted use in R-1, R-2 and R-3 Residential Districts, provided that they meet the applicable requirements for single-family detached dwellings as set forth herein. In any land development involving mobile homes, the mobile homes shall be considered as single-family detached dwellings requiring sewerage and water facilities and meeting all of the requirements of the respective district.
B.
Tracts of sufficient size to accommodate more than one lot and zoned to permit single-family detached dwellings may be utilized for the erection of more than one mobile home, provided that all regulations of that zoning district, all standard requirements applicable to the subdivision of land for single-family detached dwellings and all other applicable requirements are met. In addition, on tracts of 15 acres or greater in size, mobile homes may be grouped in a planned mobile home development, provided that compliance is made with all requirements of Article XX, Mobile Home Development District, of this chapter and all regulations specified in Article VII, Mobile Home Developments, of Chapter 270, Subdivision and Land Development, and all other applicable regulations.
[Added 12-10-1979 by Ord. No. 209]
§ 300-20 Modular homes.
[Added 12-10-1979 by Ord. No. 209]
Modular construction may be used to create detached modular homes (one dwelling unit per structure) or attached modular homes (two or more dwelling units per structure). Detached modular homes are considered single-family detached dwellings and accordingly are allowed in any zoning district in which single-family detached dwellings are a permitted use. Similarly, attached modular homes are allowed in any zoning district in which similar conventionally built dwellings containing two or more dwelling units are a permitted use. All requirements of this chapter and Chapter 270, Subdivision and Land Development, or other regulations applicable to single-family detached or attached dwellings, as appropriate, are applicable to modular homes.
§ 300-21 Community Residential Programs.
[Added 10-17-1994 by Ord. No. 329]
A.
Community residential programs as defined within § 300-90 of this chapter shall be permitted in any district in which other residential uses are allowed. In any such district in which there is more than a single set of area and width regulations, community residential programs shall meet the area and width regulations for single-family dwellings. Community residential programs which are intended to accommodate more than six handicapped individuals, excluding staff who do not reside on the property, shall only be permitted in an IN Institutional District and shall meet the applicable requirements of that district.
B.
Parking for a community residential program shall be provided in accordance with the requirements of § 300-576A(1), (2) or (3), as applicable. In addition, one additional all-weather parking space shall be provided for each resident who is permitted by the Commonwealth of Pennsylvania to operate a motor vehicle.
C.
It is the intent of this section to make reasonable accommodations in the rules, policies and practices within this Township to afford all handicapped or disabled persons equal opportunity to use and enjoy a dwelling in satisfaction of the requirements of the Fair Housing Act (42 U.S.C. § 3601 et seq.), as amended, and the applicable regulations of the Pennsylvania Human Relations Commission as they pertain to housing accommodations for any person on the basis of a protected class as such term is defined by said regulations. No provision of this chapter shall require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
§ 300-22 Exceptions for public utility corporations and Township.
This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public; nor shall this chapter apply to any building of the Township, or extension thereof, or to the use of any premises by the Township.
§ 300-23 Condominium ownership.
[Amended 9-17-1990 by Ord. No. 301]
No section of this chapter shall be construed to prohibit condominium ownership as permitted by the Uniform Condominium Act (68 Pa.C.S.A. § 3101 et seq.).[1]
§ 300-24 Heliports and helistops.
[Amended 12-16-1991 by Ord. No. 307; 8-6-2001 by Ord. No. 405]
A.
Helistops are permitted uses in the CRSC, M-1, M-2 and IO-1 Districts. Heliports are permitted as conditional uses in the M-1 and M-2 Districts, and helistops are permitted as conditional uses in the IO-2 District, upon approval of the Board of Supervisors in accordance with the requirements of § 300-60 of this chapter. All applications for helistops and heliports, either as permitted uses or conditional uses, shall be subject to the following provisions:
(1)
The proposed use would not be detrimental to the health, welfare and safety of Township residents and their property.
(2)
New heliports and helistops will be designed to the current Federal Aviation Administration's (FAA) AC150/5390 heliport design guide or subsequently applicable FAA advisory circular. Existing heliports and helistops will be grandfathered to the design guide under which they were constructed.
(3)
Upon the granting of approval by the Board of Supervisors, the Zoning Officer shall issue a permit for a one-year period which must be renewed annually. If at any time the conditions of the approval or any other conditions imposed by the Board of Supervisors are violated, the permit may be revoked by the Zoning Officer.
(4)
All applicable FAA and/or Pennsylvania Department of Transportation Bureau of Aviation permits and/or licenses required to operate the facility have been granted and copies of said permits or licenses are on file with the Township. Any restrictions imposed by the FAA and/or Pennsylvania Department of Transportation Bureau of Aviation shall be additional to those imposed by the Township and shall govern in the event of any conflict between Township and FAA and/or Pennsylvania Department of Transportation Bureau of Aviation requirements. In the event of transfer of ownership of the helistop or heliport, permission to operate said facility shall be considered withdrawn unless and until all appropriate FAA permits and/or licenses have been transferred to the new owner and have been refiled with the Township.
B.
It shall be unlawful for any person to land, discharge, load or take off in a helicopter any place within the Township other than at a helistop or heliport, except:
(1)
In conjunction with a special event such as an athletic contest, a holiday celebration, parade or similar activity, after seven days' advance notice has been given to the Zoning Officer and permission obtained to make such landing and takeoff.
(2)
When necessary for law enforcement purposes and for emergencies.
(3)
In connection with a construction project where a helicopter is to be used to lift equipment in connection with such project.
§ 300-25 Wireless communications facilities.
[Added 6-1-1998 by Ord. No. 372; amended 2-21-2017 by Ord. No. 559; 8-15-2022 by Ord. No. 594]
A.
Applicability.
(1)
Preexisting wireless communications facilities. Wireless communications facilities for which a permit has been issued prior to the effective date of this section shall not be required to meet the requirements of this section.
(2)
Exclusion for amateur radio facilities. This section shall not govern the installation of any amateur radio facility that is owned or operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3)
Relationship to other chapters. This section shall supersede all conflicting requirements of other chapters of this code regarding the locating and permitting of wireless communications facilities.
B.
Regulations applicable to all wireless communications facilities.
(1)
Standard of care. All WCFs shall meet or exceed all applicable standards and provisions of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF applicant and provided to the Township.
(2)
Engineer signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania.
(3)
Eligible facilities requests.
(a)
WCF applicants proposing a modification to an existing WCF shall be required only to obtain a building permit from the Township Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township Director of Planning and Zoning in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100. The permit application shall detail all dimensional changes being made to the WCF and wireless support structure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Timing of approval.
[1]
Within 30 calendar days of receipt of a complete application for the modification of an existing WCF, the Township Director of Planning and Zoning shall notify the WCF applicant in writing of any information that may be required to complete such application.
[2]
Within 60 days of receipt of a complete application for the modification of an existing WCF, the Township Director of Planning and Zoning shall issue the required building and zoning permits authorizing construction of the WCF.
(4)
Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
(5)
Aviation safety. WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(6)
Public safety communications. WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(7)
Radio frequency emissions. A WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.
(8)
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(9)
Nonconforming wireless support structures. WCFs shall be permitted to collocate upon existing nonconforming wireless support structures. Collocation of WCFs upon existing wireless support structures is encouraged even if the wireless support structure is nonconforming as to use within a zoning district.
(10)
Inspections; reports. Wireless communications facilities shall be inspected at least once every five years to ensure structural integrity and compliance with applicable federal, state and local codes and regulations. Inspection reports shall be submitted to the Township upon request.
(11)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Township fee schedule.
(12)
Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(13)
Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennae for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 300-25.
(14)
Abandonment; removal. In the event that use of a WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. A WCF not operated for a period of 12 months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Township, unless a time extension is approved by the Township.
(b)
If the WCF or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.
(c)
The Township reserves the right to pursue all available remedies under the law to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay by the Township in taking action shall not invalidate the Township's right to take action.
(d)
Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of 12 months.
(15)
Maintenance. The following maintenance requirements shall apply:
(a)
All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.
(b)
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents and in accordance with all applicable Township, state and federal regulations.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(16)
Insurance.
(a)
Each person that owns or operates a tower-based WCF shall provide the Director of Planning and Zoning with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
(b)
Each person that owns or operates a nontower WCF or small WCF shall provide the Director of Planning and Zoning with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the WCF.
(17)
Engineer signature. All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
C.
Specific requirements for small wireless communications facilities.
(1)
Small WCFs shall be a permitted use in all Township zoning districts, subject to the requirements of this § 300-25 and applicable permitting by the Township.
(2)
Application procedures.
(a)
Applications for small WCFs shall be submitted to the Township Director of Planning and Zoning.
(b)
Applications for small WCFs shall include the following:
[1]
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.
[2]
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
[a]
If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
[b]
If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
[3]
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.
[4]
An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
[5]
Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.
[6]
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
[7]
A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
[8]
A certificate of insurance as required by § 300-25B(16).
[10]
All application fees required by the Township as detailed in the Township fee schedule.
(c)
Timing of approval.
[1]
Within 10 business days of the date that an application for a small WCF is filed with the Township Director of Planning and Zoning, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. The applicant may then resubmit its application, at which point the applicable timeframe for approval shall restart. Any subsequent notice of incompleteness shall be issued within 10 business days of receipt of a resubmitted application and shall toll the applicable timeframe for approval until such time as the application is resubmitted.
[2]
Within 60 days of receipt of an application for collocation of a small WCF on a preexisting wireless support structure, the Township Director of Planning and Zoning shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[3]
Within 90 days of receipt of an application for a small WCF requiring the installation of a new or replacement wireless support structure, the Township Director of Planning and Zoning shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[4]
If the Township denies an application for a small WCF, the Township shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Township Code on which the denial was based, within five business days of the denial.
[5]
The WCF applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review.
(d)
Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 300-25C(2)(c) be extended by 15 days.
(3)
Location and development standards.
(a)
Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
(b)
All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.
(4)
Time, place and manner. Once approved, the Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(5)
Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.
(6)
Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Township.
(7)
Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Township Department of Community Development.
(8)
Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.
(9)
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Township.
(10)
Time limit for completion of construction. The proposed collocation, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the Township and the WCF applicant agree in writing to extend the period.
(11)
Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
D.
Specific requirements for nontower wireless communications facilities.
(1)
The following regulations shall apply to all nontower WCFs that do not meet the definition of a small WCF:
(b)
Permitted in certain districts. Nontower WCFs shall be permitted outside the public rights-of-way in all zoning districts as a conditional use, subject to the requirements of this § 300-25 and applicable permitting by the Township.
(c)
Development regulations.
[1]
The total height of any nontower WCF shall not exceed 20 feet above the preexisting height of the wireless support structure to which the WCF is attached.
[2]
In accordance with industry standards, all nontower WCF applicants must submit documentation to the Township showing that the proposed nontower WCF is designed to be the minimum height technically feasible and justifying the total height of the nontower WCF.
[3]
If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[4]
A security fence of not less than six feet and not more than eight feet 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.
(d)
Design.
[1]
In order to assist in evaluating the visual impact, the WCF applicant shall provide color photo simulations showing the proposed site of the nontower WCF with a photo-realistic representation of the proposed WCF as it would appear viewed from the closest residential property, adjacent roads and from other locations as required by the Township.
[2]
Nontower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Township.
[3]
Nontower WCFs shall, to the extent technically feasible, incorporate architectural features, materials and colors which blend with surrounding buildings, structures, terrain or landscape. Applications for nontower WCFs shall be subject to review and approval by the Design Review Board.
[4]
Nontower WCFs and accessory equipment must be of a neutral color that is identical to or closely compatible with the wireless support structure so as to make the WCF and accessory equipment as visually unobtrusive as possible. Roof-mounted nontower WCFs shall match existing air-conditioning units, stairs, elevator towers or other background as nearly as possible.
(e)
Prohibited on certain structures. No nontower WCF shall be located on single-family detached residences, single-family attached residences, semidetached residences, duplexes, or any residential accessory structure.
(f)
Third party wireless support structures. Where the nontower WCF is proposed for collocation on a wireless support structure that is not owned by the WCF applicant, the WCF applicant shall present documentation to the Director of Planning and Zoning that the owner of the wireless support structure has authorized collocation of the proposed nontower WCF.
(g)
Historic buildings. No nontower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, located within a historic district, or is included in the official historic structures list maintained by the Township.
(h)
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(i)
Substantial change. Any substantial change to a WCF shall require notice to be provided to the Township Director of Planning and Zoning, and possible supplemental permit approval as determined by the Township Director of Planning and Zoning in accordance with the Township Code.
(j)
Timing of approval.
[1]
Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township Director of Planning and Zoning, the Township Director of Planning and Zoning shall notify the WCF applicant in writing of any information that may be required to complete such application.
[2]
Within 90 days of receipt of a complete application for a nontower WCF, the Township Director of Planning and Zoning shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
E.
General and specific requirements for tower-based wireless communications facilities.
(1)
The following regulations shall apply to all tower-based wireless communications facilities:
(b)
Tower-based WCFs are permitted outside the public rights-of-way in all nonresidential zoning districts, not including overlay districts, as a conditional use, subject to the requirements of this § 300-25 and applicable permitting by the Township. Tower-based WCFs shall not be permitted in any Open Space Conservation District.
(c)
Conditional use. Tower-based WCFs are permitted outside the public rights-of-way as a conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 300-25E.
[1]
Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall send via first class mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent at least 10 days in advance of any such hearing. The WCF applicant shall provide proof of the notification to the Board of Supervisors along with the list of return receipts received.
[2]
Prior to the Board of Supervisors' approval of a conditional use authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Board of Supervisors that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.
[3]
The conditional use application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
[4]
Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Board of Supervisors that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
[5]
The conditional use application shall include a written certification by a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.
[6]
An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing wireless support structure. Board of Supervisors may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing wireless support structure. The WCF applicant shall demonstrate that it contacted the owners of all potentially feasible structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[a]
No existing support structure, building or other structure are located within the geographic area which meet the applicant's engineering requirements.
[b]
Existing support structures, buildings or other structures are not of sufficient height to meet the applicant's engineering requirements.
[c]
Existing support structures, buildings or other structures do not have the strength to support the applicant's equipment.
[d]
The WCF applicant's equipment would cause electromagnetic interference with equipment on the existing support structure, building or other structure.
[e]
Fees, costs or contractual provisions required by the owner in order to share an existing location or to adapt for the applicant are unreasonable. Costs exceeding new construction for a support structure are presumed to be unreasonable.
[f]
The WCF applicant demonstrates that there are other limiting factors that render other locations unsuitable.
(d)
Development regulations.
[1]
Tower-based WCFs shall not be located in, or within 50 feet of an area in which all utilities are located underground.
[2]
Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure's height.
[3]
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.
[b]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and accessory equipment, any guy wires, the equipment building, security fence, and applicable screening.
(e)
Design regulations.
[1]
Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF which is not located in the public ROW shall not exceed 200 feet, as measured vertically from the ground level to the highest point on the tower-based WCF, including antennas.
[2]
Visual appearance and land use compatibility.
[a]
Tower-based WCFs shall employ the most current stealth technology available at the time of construction in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
[b]
All tower-based WCFs and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
[c]
The Board of Supervisors shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
[3]
Anticlimbing device. If deemed necessary by the Board of Supervisors, a tower-based WCF shall be equipped with an anticlimbing device, as approved by the manufacturer.
[4]
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 50% of the proposed WCF structure height or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of Supervisors that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
(f)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to Board of Supervisors complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(g)
Fence/screen.
[1]
A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing accessory equipment.
[2]
Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of Board of Supervisors, they achieve the same degree of screening.
(h)
Accessory equipment.
[1]
Accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to be concealed from public view to the maximum extent possible and be compatible with the architecture of surrounding buildings, structures or landscape.
[2]
Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing antenna space on the tower-based WCF.
(i)
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Board of Supervisors with a written commitment that it will allow other service providers to collocate antennas on the tower-based WCF where technically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this § 300-25.
(j)
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(k)
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(l)
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
(m)
Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.
(n)
Repair of nonconforming tower-based WCF. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The collocation of antennas is permitted on existing nonconforming tower-based WCFs.
(o)
Timing of approval.
[1]
Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township Director of Planning and Zoning, the Township Director of Planning and Zoning shall notify the WCF applicant in writing of any information that may be required to complete such application.
[2]
Within 150 calendar days of receipt of a complete application for a tower-based WCF, Board of Supervisors shall make a decision to approve or deny the proposed tower-based WCF and the Township Director of Planning and Zoning shall issue the required building and zoning permits authorizing construction of the tower-based WCF.[1]
§ 300-26 No-impact home-based businesses.
[Added 3-15-2004 by Ord. No. 436]
No-impact home-based businesses, as defined in § 300-90 herein, must satisfy the following requirements wherever they are permitted by the terms of this chapter:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
I.
Permission to operate a no-impact home-based business in any district in the Township shall not supercede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
§ 300-27 Home occupations.
[Added 3-15-2004 by Ord. No. 436]
Notwithstanding the provisions in this chapter for no-impact home-based businesses, home occupations, whenever such use is specifically permitted in any zoning district, shall meet the following standards, in addition to those contained in the definition for this term contained in § 300-90, herein:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
C.
Parking shall be provided in accordance with the provisions of § 300-576A(1) of this chapter. All parking required by said section shall be located to the side or rear of the residence. A planted buffer shall be installed between any parking area and a property line where any part of the parking area is located within 15 feet of said property line. The buffer shall follow the planting prescription for a Buffer Type 2 as stipulated in § 270-68D(5)(c) of Chapter 270, Subdivision and Land Development; the width of said buffer, however, shall only be required to be 10 feet and not as prescribed in said section. An opaque fence may substitute for the buffer required herein.
D.
The home occupation shall not require servicing or deliveries by vehicles larger than single-unit trucks, and such servicing or deliveries shall be on a very occasional basis; any servicing or deliveries by tractor trailer trucks shall be prohibited.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood. No use shall require any construction or use of any equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences.
F.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G.
The business may not involve any illegal activity.
H.
There shall be no more than one home occupation per residence.
I.
Permission to operate a home occupation in any district in the Township shall not supercede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
§ 300-28 Easements.
[Added 10-1-2007 by Ord. No. 476; amended 1-7-2013 by Ord. No. 525; 3-15-2021 by Ord. No. 588]
The area of all public rights-of-way and public easements shall be maintained free and clear of all accessory uses, and such areas not containing public improvements shall be maintained open and as lawn (where required). Fences may be permitted in public easement areas when the property owners accept a restrictive covenant permitting Township removal or replacement if deemed necessary by the Township, without financial compensation. The restrictive covenant shall be prepared by the Township Solicitor and filed with the Montgomery County Recorder of Deeds office.
§ 300-29 Off-site dedication in lieu of on-site recreation and open space amenities.
[Added 8-1-2011 by Ord. No. 517]
A.
When recreation and open space amenities are required to be dedicated as part of the land development process, off-site parcels may be proposed to the Township in lieu of that dedication. Acceptance and permission for this option is wholly at the discretion of the Township's Board of Supervisors, and must conform to the following:
(1)
Properties off site offered for dedication in lieu of on-site recreation and open space amenities shall be a single lot, or a contiguous collection of parcels wholly owned by the owner/developer of the initial development parcel.
(3)
Any proposed land offered in lieu of on-site amenities must be offered to Upper Providence Township for dedication. Acceptance of the dedicated property is wholly at the discretion of the Board of Supervisors; if the dedication is not accepted by the Township, the use of this provision is not permitted. Preference will be given to those properties identified for preservation in the 2006 Open Space and Environmental Protection Plan and 2010 Comprehensive Plan.
§ 300-30 Recreation and open space requirements, nonresidential zoning districts.
[Added 3-20-2017 by Ord. No. 561]
In cases where the development or significant redevelopment of a tract is to be undertaken, the developer shall provide community and open space areas for the comfort and convenience of prospective patrons, employees, and residents. Such area shall be governed by the provisions of Article V, Open Space and Recreational Facilities, of Chapter 270, Subdivision and Land Development. At the discretion of the Board of Supervisors, the developer shall provide a fee in lieu of dedication as an alternative to setting aside open space. Said fee shall be provided in accordance with § 270-92 of Chapter 270, Subdivision and Land Development. In no instance shall the provisions of § 300-29 of this chapter apply to recreation and open space requirements within nonresidential zoning districts.
§ 300-31 Interpretation of regulations.
The interpretation of this chapter is intended to be such that whenever these requirements are at variance with Township subdivision and development regulations or any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants as particularly refer to area and bulk regulations and impose higher standards, the most restrictive requirement shall govern.