Upper Tulpehocken Township
City Zoning Code

No residential accessory building or residential accessory structure shall be permitted within any required front or side yard and within 10 feet of the rear lot line. For purposes of this section, any accessory building or accessory structure located within the rear yard may not be closer to any side lot line than the side yard requirement of the Zoning District in which the accessory building or accessory structure is located.

No activities shall be permitted which will, in the opinion of the Township Supervisors, create a public nuisance or interfere with the use of adjacent lots.

The maximum height of any accessory building or structure shall be 20 feet.

The minimum distance between any accessory buildings or structures shall be five feet. The minimum distance between any accessory building or structure and a principal building shall be 10 feet.

Residential accessory buildings and residential accessory structures include, but are not limited to, animal shelters, detached garages, swimming pools, greenhouses, storage sheds and tennis courts.

The building area of any accessory building shall be limited to a maximum of 5,000 square feet, as long as it meets the lot coverage limits.

No permanent accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which said structure is accessory.

Windmills, erected for the purpose of generating electricity, are allowed in all zoning districts. Front, side and rear setbacks for the windmill structure shall be a minimum equal to or greater than the height of the windmill and windmills shall not be limited in height. The windmills will comply with the guidelines of the existing noise ordinance.

Swimming pool. No permanent in-ground swimming pool shall be permitted unless it is enclosed by a fence at least four feet in height. Aboveground pools shall be enclosed by a fence at least four feet in height unless other means which prevent ready access to the pool and establish a four-foot-high barrier around the pool, such as having foldaway stairs, are provided by the applicant and are approved by the Zoning Officer.

Detached garages.

Apartment and townhouse accessory uses shall be restricted to uses designed for residents of the apartment and townhouse units and may include such uses as areas for washing machines and dryers and vending machines; lockers and storage areas; recreational rooms, areas and lounges; swimming pools and outdoor recreational areas. One office per project for the purposes of administering and renting dwelling units may be established. One "sample" apartment or townhouse for display purposes shall be permitted for each type of dwelling unit to be constructed.

Tennis courts shall have permanent fences at least 10 feet in height behind each baseline, extending at least the full width of the playing area.

Patios, paved terraces and open porches shall not be located closer than six feet to any property line, except a property line which is an extension of a party wall, and shall not project further than 10 feet into any required front yard.

No building or structure shall be located within any required front or side yard or within 10 feet of the rear lot line. For purposes of this section, any accessory building or accessory structure located within the rear yard may not be closer to any side lot line than the side yard requirement of the zoning district in which the accessory building or accessory structure is located.

Windmills, erected for the purpose of generating electricity, require front, side and rear setbacks for the windmill structure to be a minimum equal to or greater than the height of the windmill and windmills shall not be limited in height. The windmills will comply with the guidelines of the existing noise ordinance and with utility regulations.

Storage areas. All such facilities shall be located in an area which has direct access to a street or driveway.

Living quarters. Living quarters shall be permitted for proprietors and for watchmen, caretakers or similar employees.

Restaurants, cafeterias and recreational facilities shall be for the use of employees only, unless they are permitted as principal uses in the district in which they are constructed.

Each lane provided shall be a minimum of 12 feet in width.

The radius of the edge of the driveway apron shall be at least 15 feet and no more than 35 feet.

Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.

Protect drivers and pedestrians from the glare of nonvehicular light sources.

Protect neighbors and the night sky from nuisance glare and light trespass caused by improperly selected or poorly placed, aimed, applied, maintained or shielded light sources.

Promote energy-efficient lighting design and operation.

Protect and retain the existing rural character for Upper Tulpehocken Township.

Uses that are proposed for use or operation during hours of darkness where there is public assembly and traverse, employee use, or other need for lighting for reasons of safety or security, including but not limited to the following: multifamily residential, residential developments, agricultural buildings and structures, commercial, industrial, recreational and institutional buildings and structures, and sign, billboard, architectural and landscape lighting applications.

The Board of Supervisors may require lighting be incorporated for other uses, applications and locations or may restrict lighting in any of the above uses, as they deem necessary to promote health, safety and welfare.

The glare-control requirements herein contained apply to lighting in all uses, applications and locations.

Illumination levels. Lighting, where required by this Part 1 or otherwise required or allowed by the municipality, shall have illuminances and uniformities and glare control in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook and applicable Recommended Practices, except as may otherwise be required by this Part 1.

Lighting fixture design.

Control of glare.

Installation.

To assist in determining whether lighting will be permitted, land development applications shall be accompanied by not only the information required under Subsection F below, but also by a visual impact plan that contains the following:

Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, can be extinguished by 10:00 p.m., regardless of such occurrences as extra innings or overtimes.

Racetracks and such recreational venues as golf driving ranges and trap-shooting facilities, which require the projection of light at a horizontal or near horizontal angle, shall not be artificially illuminated.

The following outdoor recreational facilities shall not be illuminated after 10:00 p.m. prevailing time if located within a residential district or sited on a nonresidential property located within 1,000 feet of a residential use: basketball, baseball, football, soccer, miniature golf, tennis, track.

Maximum mounting heights for recreational lighting, when such lighting is permitted by the Township, shall be in accordance with the following:

A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type. The submission shall include, in addition to proposed area lighting, all other exterior lighting, e.g., architectural, building-entrance, landscape, flag, sign, canopy, soffit, etc.

A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in Subsection D(1) of this section or as otherwise required by the municipality. When the scale of the plan, as judged by the Township, makes a ten-foot-by-ten-foot grid plot illegible, a larger grid spacing may be used.

The complete lamp ordering nomenclature and lumen ratings, maintenance (light-loss) factors and IES photometric file nomenclature used in calculating the illuminance levels.

Description of the proposed equipment, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.

Landscaping plans shall contain lighting fixture locations and shall demonstrate that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

When requested by Upper Tulpehocken Township, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate the potential consequences of on-site and off-site glare and to retain the rural character of the Township. This plan may require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.

Plan notes. The following note shall appear on the lighting plan:

All signs shall comply with the provisions of this section. However, signs such as those lettered in the window of a business, temporary signs taped to the glass, signs regulated by § 460-83E(13), and any sign less that two square feet shall be exempt.

All other signs shall require an Upper Tulpehocken Township zoning permit and a certificate of use and occupancy as regulated by §§ 460-110, 460-111, and 460-112 of this Part 1. Only types, sizes and heights of signs that are specifically permitted by this section within the applicable zoning district shall be allowed. Lawfully existing signs may be painted, repaired or changed in message without a new permit under this section, provided that the changes do not increase the area of the sign or otherwise result in noncompliance or an increased nonconformity with this section. An existing lawful nonconforming sign may be replaced with a new nonconforming sign, provided that the new sign is not more nonconforming in any way than the old sign. The replacement of an existing nonconforming sign must occur within 180 days of its removal.

No signs other than school warning signs, official traffic signs, public service signs and similar signs shall be erected within the right-of-way lines of any street or extend over any street right-of-way. Signs of these types may be erected in any zoning district.

No portion of any sign shall project over any lot line.

Except in the case of school warning signs, traffic control signs, time-and-temperature signs, and similar signs, signs shall not contain moving parts nor use flashing or intermittent illumination, and the source of light shall be steady and stationary.

Signs that are of such character, form, shape or color that they imitate or resemble any official traffic sign, signal or device or that have any characteristics which are likely to confuse or distract the operator of a motor vehicle on a public street (such as prominent use of the words "Danger" or "Stop"), are prohibited. Red, green or amber lights, except those contained within a school warning sign, traffic control sign, or similar sign, shall not be so located that they could create a danger by being construed as traffic lights.

Spinners or any moving object used to attract attention are prohibited.

No sign shall be so located or arranged that it interferes with safe sight distances for vehicles exiting or entering any property.

No sign shall be placed in such a position, or have such a source of illumination that it will cause, in the opinion of the Township Supervisors, any danger to pedestrians or vehicular traffic.

No sign shall be utilized in a manner which produces a light intensity greater than 1.0 footcandle beyond the boundaries of the property containing the signage. No beams of light shall be directed towards adjacent properties or public roads, and all light sources shall be shielded from adjoining properties and streets.

No sign shall be erected or located as to prevent free ingress or egress to any window, door or fire escape.

No sign which emits smoke, visible vapors or particulates, sound or odor shall be permitted.

No signs except permitted off-premises, official, political, traffic or public service signs shall be erected on a property to which it does not relate.

Any vehicle or structure to which a sign is affixed in such a manner that the carrying of such sign or signs no longer is incidental to the primary purpose of the vehicle or structure but becomes a primary purpose in itself shall be considered a freestanding sign and as such shall be subject to requirements for freestanding signs in the district in which such vehicle or structure is located.

Signs which contain information that states or implies that a lot may be used for any purpose not permitted under the applicable provisions of this section are prohibited.

Signs or displays that include words or images that are obscene, pornographic or that an average reasonable person would find highly offensive to public decency are prohibited.

No sign shall be posted on any property or on any sign pole or any public utility pole, unless permission has been received by the owner.

No sign shall be tacked, stapled or nailed to a utility pole, except by an authorized utility, or a by a person who has obtained permission from the authorized utility.

The area immediately surrounding each sign shall be kept in a clean, sanitary and healthful condition. No accumulations of loose paper, bottles, cans, garbage or similar items shall be permitted.

Every sign must be constructed of durable material and be kept in good condition. Peeling paint shall be removed and replaced. Broken letters or other parts shall be repaired or replaced. Broken lights shall be replaced, and similar maintenance tasks shall be performed when necessary.

Any sign which becomes dilapidated or which creates a hazard to the public health, safety or welfare shall be removed at the expense of the owner or lessee. The Township Zoning Officer shall make such determination as to state of repair.

Any and all signs lawfully permitted in the Township are further subject to any requirements of any other local, state or federal agencies having jurisdiction over such matters.

Shall include signs listed in § 460-83D(1), other signs enumerated in this section, and no others.

Identification signs or bulletin or announcement boards for schools, churches or similar institutions, and for clubs, lodges or similar uses, provided that:

Signs indicating the name, profession or activity of the occupant of a dwelling, provided:

Signs advertising the rental or sale of premises, provided that:

Temporary signs of contractors, architects and the like, provided that:

Signs advertising a lawful nonconforming use, provided that:

Signs necessary for the identification and protection of public utility facilities, provided that no side of any such sign shall exceed 12 square feet in area.

Signs within a residential subdivision to direct persons to a rental office or sample unit within that subdivision, provided that no side of any such sign shall exceed four square feet in area.

Trespassing signs and signs indicating the private nature of premises or controlling hunting activities on the premises. No side of any such sign shall exceed two square feet in area.

Identifying signs for the purpose of indicating the name of residential subdivision, provided that not more than one such sign shall be allowed for each entrance to the subdivision from a public street and no such sign shall exceed 12 square feet in area.

Signs advertising the sale of farm products, nursery products or livestock produced or raised on the premises, provided:

Signs indicating membership in agricultural associations or cooperatives or specialization in a particular breed of animal or plants, provided that:

Temporary signs advertising elections and political candidates, fairs and social events of nonprofit, noncommercial organizations and the like, subject to:

The total area on one side of all signs placed on or facing any one street frontage of any one premises shall not exceed 200 square feet, except in the case of a building housing more than one commercial or industrial use.

The area on any one side of any advertising sign or directional sign shall not exceed 25 square feet.

No more than two freestanding signs shall be allowed on any one street frontage of any one property.

No more than one directional sign shall be allowed on any one street frontage of any one property.

No more than three separate signs shall face any one street frontage of any one property, except in the case of a building housing more than one commercial or industrial use.

No signs attached to a building facade shall have an area exceeding 25% of the area of the building wall on which it is located.

No portion of a freestanding sign shall be located closer than 10 feet to a front of side lot line.

In the case of a building housing more than one commercial or industrial use, one permanent identifying sign for the building, the area on one side of which shall not exceed 100 square feet, may be erected on each street frontage. In addition, for each commercial or industrial use located within that building, one sign, the area of which shall not exceed 50 square feet, may be attached to the total area of the wall to which it is attached. Signs may project perpendicularly from buildings as provided for in Subsection J(4)(c).

Portable signs are a particular type of sign that has the characteristics of a temporary sign but that has been or may have been inappropriately used as a permanent sign. This subsection is based on the policy that if a user desires to regularly display a sign for regularly changing messages, that the user erect a permanent sign within all of the requirements of this section.

Portable sign defined.

A portable sign, including any such sign that may have been displayed prior to the adoption of this section and which does not have a lawful permit as a permanent sign, shall only be permitted if it meets all of the following requirements:

An off-premises sign is only permitted in the C-2, C-3, I-1 and I-78 Commercial Billboard Overlay Districts and shall require a zoning permit. A zoning permit shall be required for any new sign or substantially rebuilt sign which replaces or enlarges an existing off-premises sign.

An off-premises sign is only permitted within a maximum of 200 feet of existing right-of-way of an arterial street and a minimum of 10 feet from any nonresidential lot line. Any off-premises sign must be set back at least 50 feet from the arterial street center line or must be beyond the street right-of-way line (if that line is more than 50 feet from the center line). No off-premises sign shall be located within 200 feet of an existing residential lot line.

No off-premises sign or sign face shall be attached in any way to any other off-premises sign. Off-premises signs shall have a maximum of two sign faces.

The maximum area of each sign face an off-premises sign shall be 200 square feet, except such signs along or near I-78 may be 300 square feet.

Any off-premises sign shall be separated by a minimum of 1,000 feet from any other off-premises sign, including signs on either side of a street and including existing signs in other municipalities.

The maximum height of an off-premises sign shall be 50 feet.

Existing off-premises signs along or adjacent to I-78 may be rebuilt in place and enlarged up to 300 square feet. However, any new off-premises sign along or adjacent to I-78 must be located a minimum of 1,000 feet from any other off-premises sign whether existing, new, or proposed. A proposed sign is one for which a zoning permit is pending or issued and in effect.

This section is not intended to require the removal of an existing lawfully placed off-premises sign that is in structurally sound condition.

This section applies to all types of off-premises signs except as may be specifically provided for elsewhere in this section.

Signs erected and maintained by the Pennsylvania Department of Transportation are permitted by right in all districts. Such signs that identify business services available at an interchange are specifically encouraged as an appropriate and orderly means of providing information without causing visual pollution or traffic hazards.

All on-premises business signs shall require an Upper Tulpehocken Township zoning permit and certificate of use and occupancy as regulated by §§ 460-110, 460-111 and 460-112 of this Part 1.

All on-premises business signs shall meet the requirements of Subsection J of this section.

On-premises business signs include freestanding signs, wall signs, roof signs, and window signs as defined in § 460-6 of this Part 1.

The intent of this subsection is to permit and regulate freestanding signs, wall signs, roof signs, and window signs in Upper Tulpehocken Township.

A building is constructed or a new use established.

The use of an existing building is changed to a use requiring more parking facilities.

An existing building is altered so as to increase the amount of parking spaces required.

One commercial motor vehicle may park on a residential lot within the R-1 and R-2 Zoning Districts, provided that it is parked in a visually screened area, and that it is not allowed to be left unattended if the vehicle and/or the equipment associated with the commercial vehicle is running.

No tractor-trailer truck, or trailer from a tractor-trailer truck, shall be stored or parked for more than 24 hours within the R-1 and R-2 Districts unless it is stored within a completely enclosed building, and that the tractor and/or trailer is not allowed to be left unattended if the tractor, and/or equipment associated with the tractor and/or trailer is running.

Minimum off-street parking requirements shall be as follows:

For any building or use not covered above, the Zoning Officer shall apply the standard for off-street parking spaces in the above schedule deemed, by the Zoning Officer, to most closely approximate the proposed building or use.

Open burning is not permitted.

No gases, vapors or particulates shall be emitted from the facility which are harmful to persons, property, animals or vegetation beyond the lot lines of the lot on which such gases, vapors or particulates originate.

No radioactive vapors or gases shall be emitted from the facility in amounts which are harmful.

No odors causing annoyance or discomfort to the public shall be detectable beyond the lot lines of the lot on which such odors originate.

The emission of any smoke at a density greater than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines shall not be permitted, except that smoke of a density of No. 2 may be emitted for not more than four minutes in any thirty-minute period. This standard shall not be applied to emissions where the presence of uncombined water is the only reason for the failure of the emission to meet the opacity limits. (Uncombined water produces a white "smoke" which vanishes a short distance from the stack.)

Effluent must meet standards set by the PA DEP.

In no case shall potentially dangerous effluent from plant operations be discharged.

No permanent storage of waste material on the lot shall be permitted. All waste materials awaiting transport shall be concealed from view from all adjacent properties.

Unless otherwise stipulated elsewhere in this Part 1, noise limits at lot lines shall be as follows:

No physical vibration perceptible without use of instrument shall be permitted at or beyond the lot lines.

No lighting shall be utilized in a manner which produces glare perceptible at or beyond the lot lines.

Any operation producing heat shall be conducted in such a manner as to prevent any effect from the heat beyond the lot lines of the lot on which the operation is located.

To identify a hierarchy of areas where future telecommunication facilities can be located, while minimizing the proliferation of towers and monopoles.

To require co-location of telecommunication facilities on existing structures and towers.

To attempt to ensure compatibility of telecommunication facilities with nearby land uses.

To establish siting and design criteria to mitigate negative impacts.

To establish telecommunication signal removal policies.

To establish a process by which an applicant can demonstrate their compliance with these policies.

To stay abreast of changing technologies that may reduce the need for new telecommunication signal sites.

To avoid potential damage to adjacent properties through engineering and proper siting of telecommunication facilities.

To preserve local authority to govern and control telecommunications facilities to the fullest extent allowable by law.

A telecommunications antenna that is attached to a preexisting telecommunications tower, such as but not limited to smoke stacks, water towers, public utility transmission towers, telephone poles and similar existing utility structures is permitted in all zoning districts. If the antenna is to be mounted on a preexisting structure, a full site plan shall not be required; however, applicable zoning permits and certificate of use permits are required. An existing structure, building, or tower is one that physically existed prior to identification of a site for constructing a new antenna.

Building mounted telecommunications antennas shall be permitted to exceed the height of the existing structure limitations of the applicable zoning district by no more than 25 feet.

Building-mounted telecommunications antennas shall not be located on any single-family detached or semidetached dwellings.

Any applicant proposing telecommunications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

Any applicant proposing telecommunications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Upper Tulpehocken Township (UTT) Zoning Officer. Any applicant proposing telecommunications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and telecommunications equipment building can be accomplished.

Telecommunications antennas shall not cause radio frequency interference with other telecommunications services (including, but not limited to, other towers, transmitting facilities, telecommunications services reception by other property owners, etc.) in accordance with FCC requirements for the applicant's class of service.

Telecommunications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

A telecommunications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure. The telecommunications equipment building shall cover an area on the ground of not more than 250 square feet.

The owner or operator of telecommunications antennas shall be licensed by the Federal Communications Commission to operate such antennas.

All other uses, such as business offices, maintenance depot, vehicle storage, broadcast studios and vehicle storage unless specifically necessary and ancillary to the operation of the telecommunications facility are not permitted unless otherwise permitted in the zoning district in which the telecommunication facility is located. No outside storage is permitted on the telecommunications facility.

The applicant is required to demonstrate, using technological evidence that the telecommunications antenna must go where it is proposed in order to satisfy its functions in the company's grid system.

Telecommunications antennas shall not be lighted unless lighting is required by the FAA, FCC, or other governmental agency which has jurisdiction over such facilities.

The construction of new telecommunication towers is allowed in the C-2, C-3, and I-1 Zoning Districts by special exception and subject to compliance with Subsection D of this section.

Telecommunications towers with their telecommunications equipment buildings are a principal use. No other principal use is permitted on a leased lot with a tower.

The applicant shall demonstrate that the proposed telecommunications tower and telecommunications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Telecommunications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

Any applicant proposing construction of a new telecommunications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the telecommunications antennas on existing buildings, structures or other telecommunication towers. These potentially suitable structures include, but may not be limited to, smokestacks, water towers, antenna support structures of other telecommunications companies, other telecommunications towers (fire, police, etc.) and public utility transmission towers. A good faith effort shall require that all owners of potentially suitable structures within a two-mile radius of the proposed telecommunications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

Access shall be provided to the telecommunications tower and telecommunications equipment building 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 a dust-free, all-weather surface for its entire length.

Recording of a land development plan shall be required for any lot or leased lot on which a telecommunications tower is proposed to be constructed.

The applicant shall demonstrate that the proposed height of the telecommunications tower is the minimum height necessary to perform its function.

In all zoning districts, the maximum height of any telecommunications tower shall be 200 feet.

Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distances between the base of the support structure or any guy-wire anchors and any property line or right-of-way line shall be the largest of the following:

The base of a telecommunications tower shall be landscaped so as to screen the foundation and base and telecommunications equipment building from abutting properties. The following landscaping shall be required to: screen as much of the support structure as possible; screen the fence surrounding these support structures; screen any other ground-level features (such as a building); and in general, soften the appearance of the telecommunication facilities. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required.

The telecommunications equipment building shall comply with the applicable zoning regulations for a nonresidential accessory structure.

The applicant shall submit:

All guy wires associated with guyed telecommunications towers shall be clearly marked so as to be visible at all times. Telecommunication towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce the visual impact. Telecommunication towers may be painted green up to the height of nearby trees. Telecommunications antenna support structures 200 feet in height or taller shall meet all Federal Aviation Administration (FAA) regulations. No telecommunication towers may be artificially lighted except when required by the FAA.

Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of the Township's Zoning Ordinance, FCC, FAA, or other governmental agency facilities.

No signs or lights shall be mounted on a telecommunications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction over such facilities. Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandle when measured at grade.

Telecommunications towers shall be constructed and maintained in accordance with any requirements imposed by the UTT Zoning Hearing Board.

An applicant or its successors shall remove all unused structures and facilities from a telecommunication facilities, including towers and monopoles, within 90 days of cessation of telecommunication use or the expiration of the ground lease, whichever occurs first, and the site should be restored as closely as possible to its original condition. A bond or other suitable financial surety to cover the costs of dismantling the communications tower shall be provided by the applicant, in a form reviewed and approved by the Township Solicitor, to the Township prior to the filing of an application with the Township Zoning Hearing Board for a special exception. A certified letter shall be sent to the Township each year, due by January 15, signed by an officer of the company owning the tower, stating the intention to continue operation. Failure to receive this letter shall be considered the beginning of the ninety-day cessation period.

At least one off-street parking space shall be provided within the fenced area. If the telecommunication facility is fully automated, adequate parking shall be required for maintenance workers. If the facility is not automated, the number of required parking spaces shall equal the number or people on the largest shift.

A land development plan shall be required for all telecommunications facilities showing the antenna, antenna support structure(s), equipment buildings(s), fencing, vegetative screening, access drive(s) and all other pertinent information required by the Chapter 400, Subdivision and Land Development, Part 1, Upper Tulpehocken Subdivision and Land Development Regulations. The land development plan shall not be required if the antenna is to be mounted on an existing structure.

The site of a telecommunications tower, including all structures, guy wires, and guy wire anchors on the site shall be required to be fenced. The fence shall be a minimum of six feet in height and a maximum of eight feet in height, shall completely enclose the antenna, support structure, and related facilities, shall not contain openings greater than nine square inches and shall contain, at all entrances, gates which shall be locked except during such times as the site is manned by authorized operations and maintenance personnel, and shall also conform to the provisions of § 460-89 of this Part 1. The fence shall be a minimum of 10 feet from any structure inside it.

The applicant shall demonstrate, by expert witness testimony and in reports to the satisfaction of the Township Zoning Hearing Board, that the proposed telecommunications antenna and telecommunication tower 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. All telecommunication towers shall be fitted with anti-climbing devices as approved by the manufacturers of such devices.

Submission of a zoning permit for the antenna/equipment replacement.

Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing cell tower to accommodate the added weight and wind load.

Submission of a plan set and other information as appropriate to show the proposed replacement work.

The replacement antenna array(s) comply with all applicable FCC and FAA regulations.

The replacement array(s) comply with all applicable building codes.

Submission of a zoning permit for the antenna collocation.

Submission of a plan set and other information as appropriate to show the proposed collocation work.

Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing cell tower to accommodate the added weight and wind load of the new antenna array.

The height of the existing tower may be increased for a new collocation by 10% of existing tower height to a maximum of an additional 20 feet as long as the overall height is within the maximum height set for new towers in this chapter and that no prior increase in the height of the support structure or antenna array, beyond that initially permitted or approved has occurred. If a height increase is proposed in excess of the maximum height, that applicant will need to secure a variance from the Zoning Hearing Board. Any variance granted for increased cell tower height will also have to address the required safe fall zone as required by this chapter.

The zoning application for a new collocation antenna will be approved within 90 days of submittal of a completed application. Should a zoning variance be required due to a height conflict, the ninety-day review period will not start until the required zoning approval has been secured and the application is then deemed to be complete.

The new co-location antenna array complies with all applicable FCC and FAA regulations.

The new co-location antenna array complies with all applicable building codes.

The area within which small domestic animals are kept shall be enclosed by a fence designed for containment.

The area within which small domestic animals are maintained shall be kept in a suitable grass cover and shall not be allowed to degrade to an erodible condition.

The owner of the small domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.

Buildings housing small domestic animals shall be subject to the yard requirements of § 460-27, but in no case closer than 50 feet to the nearest dwelling other than that of the owner.

The area within which large domestic animals are kept shall be enclosed by a fence designed for containment.

All buildings, corrals or stables must meet the setback requirements of this Part 1. In addition no building, corral or stable shall be closer than 100 feet to the nearest dwelling other than that of the owner.

The area within which large domestic animals are maintained shall be kept in a suitable grass cover of at least two acres in area and shall not be allowed to degrade to an erodible condition.

The owner of the large domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.

Any building erected for agricultural use on the same lot as a single-family dwelling use (and no other), does not need to meet the requirements of § 460-76 of this Part 1.

All buildings must meet Subsections F(4) and G(2) if applicable.

In addition to Subsections D and N(2), any building erected for agricultural uses in the R-1, R-2, R-P, C-1, C-2, C-3, I-1, and W-P Zoning Districts must meet all area, yard and height requirements of the respective zoning districts in which the building is located in addition to any other area, yard, and height requirements within this section.

The area within which small domestic animals are kept shall be enclosed by a fence designed for containment.

The area within which small domestic animals are maintained shall be kept in a suitable grass cover and shall not be allowed to degrade to an erodible condition.

The owner of the small domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.

Buildings housing small domestic animals shall be subject to the yard requirements of § 460-27, but in no case closer than 50 feet to the nearest dwelling other than that of the owner.

The area within which large domestic animals are kept shall be enclosed by a fence designed for containment.

All buildings, corrals or stables must meet the setback requirements of this Part 1. In addition, no building, corral, or stable shall be closer than 100 feet to the nearest dwelling other than that of the owner.

The area within which large domestic animals are maintained shall be kept in a suitable grass cover of at least two acres in area and shall not be allowed to degrade to an erodible condition.

The owner of the large domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.

Except for farm-related businesses, any building erected for agriculture use on the same lot as a single-family dwelling use (and no other), does not need to meet the requirements of § 460-76 of this Part 1.

In addition to buildings regulated by § 460-99D, F(4) and G(2), any building erected for agricultural uses in the EAP Zoning District must meet all the area, yard and height requirements of the EAP Zoning District in addition to any other area, yard, and height requirements within § 460-99.

Clearing for a single-family residential dwelling.

Clearing for farming operations.

The cutting of diseased trees.

Property owner cutting on owner's own property, for personal, family, or household use.

Noncommercial timber stand improvements.

Clearing pursuant to a land development plan approved by the Township.

Cutting of trees for precommercial timber stand improvements.

Timber harvesting operations proposed on any property resulting in an earth disturbance of less than 5,000 square feet.

Logging plan requirements. Every landowner on whose land timber harvesting is to occur shall obtain a zoning permit. The applicant shall prepare and submit a written logging plan in the form specified below. No timber harvesting shall occur until a zoning permit has been issued.

Felling or skidding on, or across, any public road is prohibited without the express written consent of the Township, or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare;

No tree tops or slash shall be left within 25 feet of any public road, or private roadway providing access to adjoining residential property;

All tree tops or slash shall be between 25 feet and 50 feet from a public roadway, or private roadway providing access to adjoining residential property, or within 50 feet of adjoining residential property, shall be lopped to a maximum height of four feet above the ground;

No tree tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof; and

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

Township Zoning Officer. The Zoning Officer shall be the enforcement officer for this section regarding forestry.

Inspections. The Zoning Officer may go upon the site of any timber harvesting operating before, during, or after active logging to review the logging plan or any other required documents for compliance with this section, inspect the operation for compliance with the logging plan, and other on-site requirements of these regulations.

Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of this section or the logging plan, Zoning Officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. Zoning Officer may order the immediate suspension of any operation upon finding that: corrective action has not been taken by the date specified in a notice of violation; the operation is proceeding without logging plan; or the operation is causing immediate harm to the environment. Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by Zoning Officer, the operation is brought into compliance with this section or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an enforcement officer within 30 days of issuance to the Zoning Hearing Board of the Township. The provisions of this section are in addition to all enforcement remedies available under the Township Zoning Ordinance, and the penalties for violations herein shall be as set forth in § 460-115 of this Part 1.

The placement of all features and system components constituting the ASES shall comply with the principal building setback, height, lot coverage, and other bulk requirements of the applicable underlying zoning district.

ASES roof-mounted systems shall not extend beyond the roof edge in any direction nor above the ridgeline of any sloped roof to which the system is attached.

ASES ground-mounted systems shall not exceed 12 feet in height.

The maximum permitted area, which is the combined surface area of all individual solar panels constituting the ASES, shall not exceed 1,000 square feet.

All utilities, lines, cables, wires and other connections of, to or from the ASES and any related structure shall be at or below grade.

The ASES shall be installed in compliance with all applicable building and construction code requirements.

ASES ground-mounted systems shall be deemed impervious cover requiring stormwater management design pursuant to the Upper Tulpehocken Township Stormwater Management Ordinance.[1] The landowner must maintain the stormwater management feature(s) in good working order so long as the system is installed.

The actual surface area of all individual panels shall be considered in determining the amount of additional lot coverage the system creates.

If required by the Code Official, the applicant shall supply one year's worth of electrical consumption records for the subject property to serve as a benchmark for the anticipated amount of electrical energy proposed to be generated.

ASES(s) shall be a use permitted by right in all zoning districts in the Township and in the Village of Strausstown, provided that they meet all regulations set forth herein.

The design, installation, and operation of ASES shall comply with all applicable federal, state, and local laws and regulations, including but not limited to building, construction, fire and life safety requirements, and conform to the applicable industry standards, including those of the American National Standards (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying organizations.

Within the I-1 General Industrial Zoning District and within the C-2 General Commercial Zoning District, a PSES shall be a use permitted by special exception, subject to the standards set forth in this section.

The placement of all features and system components constituting the PSES shall comply with the setback and maximum lot coverage requirements of the aforementioned district.

If the PSES is upon a lot that adjoins another lot with an existing residential use, then all features and system components shall be set back a minimum of 50 feet from that shared boundary line.

The minimum lot size for placement of a PSES shall be 20 acres.

Within the C-2 Zoning District, the placement of all features and system components constituting the PSES shall be set back a minimum of 50 feet from all property lines and street right-of-way lines. Within the aforementioned district, the maximum lot coverage of the PSES shall not exceed 65%.

All PSES features and system components that are impervious, including but not limited to panels and their actual surface area, buildings, roads, etc., shall be considered in the lot coverage determination.

PSES ground-mounted systems shall not exceed 12 feet in height. Buildings constituting or relating to the PSES shall comply with the underlying zoning district requirements for maximum building height.

The lot with the PSES may also have a single-family dwelling, which will be considered an accessory use.

The PSES shall be enclosed with an eight-foot-tall, chain-link fence having self-locking gates.

As referenced in Subsection C(6), the actual surface area of all panels shall be considered impervious and require stormwater management design complying with the Upper Tulpehocken Township Stormwater Management Ordinance.[2]

Landscape screening shall include a minimum of two rows of native, green evergreen trees at least eight feet in height at the time of planting, planted 15 feet on center and staggered, and shall be installed as follows:

Other design, installation and operation regulations.

Submission requirements. The applicant proposing to erect a PSES shall submit to the Township:

Certifications and inspections.

Local emergency services. The applicant shall provide a copy of the land development plan and project summary to the local fire companies and the Township's fire safety consultant for their review and comment. Comments and recommendations from the above individuals and/or entities shall be addressed by the applicant to the satisfaction of the Township in subsequent plan revisions. Upon the Township's request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the PSES.

Decommissioning.