Weisenberg Township
City Zoning Code
City Zoning Code
ARTICLE XII
Supplementary Regulations
§ 500-61 General regulations applying to all districts and uses.
The following sets forth conditions and procedures which must be met before permitted uses, accessory uses, special exception uses, and other selected uses can receive approval and be granted a zoning and/or building permit. If the application is considered a land development or subdivision as defined by the MPC,[1] then it must be submitted in accord with the requirements of Chapter 425, Subdivision and Land Development, of the Code of the Township of Weisenberg.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 500-62 Small lots of record.
Notwithstanding the lot area, lot width and lot coverage requirements of any RV, R or RC District, a building or structure containing a permitted, accessory or special exception use may be erected on any lot with less than the required lot width or lot area if separately owned at the effective date of this chapter, provided that the lot has a minimum width of 40 feet, that the aggregate width of the side yards be not less than 30% of the lot width, and that the narrower side yard be not less than five feet in width and; provided, further, that in no event shall the building area exceed 30% of the lot area. In addition, any lot created by a subdivision plan approved by Weisenberg Township and filed of record may observe those setbacks for front yard, rear yard, side yard and/or side yard abutting street as were applicable on the date of final subdivision plan approval.
§ 500-63 Development layout.
If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
§ 500-64 Height.
Nothing herein contained shall restrict the height of a place of worship spire, cupola, dome, mast, belfry, clock tower, barn, radio or TV broadcast signal transmission line tower, flagpole, chimney flue, water tank, elevator or stair bulkhead, stage tower, scenery loft, smokestack, silo, air-conditioning and/or heating units, amateur radio antenna, windmill or similar structure, except no such structure shall:
A.
Exceed two feet of height for every one foot of yard.
B.
Be used for residency or tenancy purposes.
C.
Have any sign inscribed upon or attached to such structure.
D.
"Barn" is defined as a building for the storage of farm products or feed and/or for the housing of farm animals or farm equipment.
E.
Any barn constructed as an accessory use shall meet the minimum yard requirements for permitted uses in that district and shall be placed or erected only on a tract of land that is 10 or more acres in size.
§ 500-65 Hydrogeologic study and report.
A hydrogeologic study and report shall be provided to determine an adequate water source when the water source is a well, public or private, and is proposed for a commercial, industrial or residential use of more than 50 dwelling units with a density more than one dwelling unit per acre.
§ 500-66 Lighting facilities.
A.
Lighting facilities adequate for the safety of pedestrian and vehicular traffic, however, no additional exterior building illumination, other than specified for signs in § 500-79, shall be permitted. All exterior lights shall be facing downwards and, when measured at any lot line, footcandles (fc) shall not exceed 0.0 fc.
B.
All exterior lighting shall be downward-facing and shall not shine directly beyond a lot line.
§ 500-67 Waste and refuse.
Provisions are to be made for treatment and/or disposal of all waste.
§ 500-68 Yards.
A.
Front yard. The space in a required front yard shall be open and unobstructed except for a patio projecting not more than eight feet, unroofed steps given access to a porch or first floor entry door, or landscaping. Storing and/or use of items and/or furniture intended for interior use shall be prohibited within the front yard of any lot.
B.
All yards. Every part of a required yard shall be open to the sky unobstructed by structures, except for retaining walls and for accessory buildings in a rear yard or side yard, and except for the ordinary projections of sills, chimneys, pilasters and for ornamental features projecting six inches or less. Vehicles not fit for immediate use or as otherwise regulated by the Township Code of Ordinances shall not be placed within any yards.
C.
Buffer yards. Buffer yards shall comply with the following standards:
(1)
The buffer yard shall be measured from the district boundary line or the property line or from the street line. Buffer yards may not be part of an existing or future street right-of-way but shall be in addition to that right-of-way.
(a)
A twenty-five-foot buffer yard shall be required in the LI, GC and GI Districts along the district boundaries between themselves, and fifty-foot buffer yard shall be required along all residential district boundary lines in the Township and adjoining municipalities.
(b)
A ten-foot buffer yard shall be required alongside and rear lot lines between residential and nonresidential uses, excluding agriculture and animal husbandry, and manufacturing uses and commercial uses, excluding self-storage buildings, located within the same district.
(c)
A 200-foot buffer yard shall be required alongside and rear lot lines for motor vehicle racing, gun clubs, trapshooting and target ranges.
(2)
In all buffer yards, the exterior width beyond the fence or planting screen shall be planted with grass seed, sod or ground cover, and shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
(3)
The buffer yard shall be a landscaped area free of structures, manufacturing or processing activity, materials and parking areas. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress. No recreation use shall be permitted in a buffer yard. Buffer yards shall exclude recreation space (but not open space) areas required by this chapter or by Chapter 425, Subdivision and Land Development, of the Township Code.
(4)
All buffer yards shall include a dense screen planting of trees, shrubs or other plant materials to the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise and, when determined by the Township to be necessary for public safety, a fence as described below. Such screen planting shall be in accordance with the following requirements:
(a)
Plant materials used in the screen planting shall be of such species and size as will produce, within three years, a visual screen of at least six feet in height.
(b)
A fence, when required, shall be not less than six feet in height and shall be placed on the inside of the screenings and no closer than three feet from any future right-of-way or property line unless by special exception.
(c)
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(d)
The screen planting shall be so placed that at maturity it will not be closer than three feet from any street line or property line. Screening shall consist of a minimum of 50% evergreen plantings and shall be planted in a minimum of two rows at 25 feet centers in a staggered arrangement.
(5)
With the exception of breakaway signs and/or breakaway mailboxes, no structure, fence, planting or other obstruction shall be permitted within the street line which would interfere with traffic visibility across the corner of a lot, at access driveways, commercial or residential, and within any clear sight triangle.
(6)
The screen planting or fence shall be broken only at points of vehicular or pedestrian access.
(7)
A built-up earthen bank may be incorporated in the landscaping of buffer yards as long as the following conditions are met:
(a)
It may not be located in the proposed, dedicated or deeded right-of-way.
(b)
The maximum allowable slope shall be one to three.
(c)
The buffer yard landscaping shall be visible from the exterior of the property.
(d)
The surface of the bank shall be stabilized with vegetation.
§ 500-69 Through lots.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
§ 500-70 Clear sight triangle.
A.
The clear sight triangle shall be determined by the intersecting street center lines and a diagonal connecting two points, one at each street center line, each of which point is:
(1)
150 feet from the intersection of such street center lines, if either street is an arterial street.
(2)
100 feet from the intersection of such street center lines, if both streets are collector streets or if one is a collector street and the other is a local street.
(3)
75 feet from the intersection of such street center lines, if both streets are local streets.
B.
On a corner lot, no wall, fence or other structure shall be erected; no vehicle, object or any other obstruction shall be parked or placed; and no hedge, shrub, or other growth shall be planted or maintained which would obscure the driver's vision between two feet and 10 feet in height measured from the center line grades of the intersecting streets.
C.
All requirements as stipulated within the Township Code that are associated with driveway configurations, dimensions, and placement shall be applicable.
§ 500-71 Setbacks from roads.
A.
Minimum setbacks are required from all public and private roads, streets and highways as determined by the functional classification of the road, street or highway as referenced in the Comprehensive Plan. Except as provided in other sections of this chapter, no buildings or structures shall be placed between the setback line and street right-of-way line. This shall not apply to breakaway signs and/or breakaway mailboxes.
B.
On roads classified as regional highways, the required setback shall be 100 feet from the center line of the existing or proposed road.
C.
On roads classified as arterials, the required setback shall be 90 feet from the center line of the existing or proposed road.
D.
On roads classified as collectors, the required setback shall be 80 feet from the center line of the existing or proposed road.
E.
On roads classified as local roads, the required setback shall be 75 feet from the center line of the existing or proposed road. All public roads not specified in § 500-71B, C and D are considered local roads.
F.
Where front yard requirements have been established in this chapter, those requirements will apply only if they are greater than those established in § 500-71A through E.
§ 500-72 Parking and truck loading requirements.
A.
Off-street parking. Off-street parking spaces for the storage or parking of passenger vehicles shall be provided pursuant to the following requirements:
(1)
Individual parking spaces shall be clearly marked off into parking spaces, with each space having a minimum width of nine feet and a length of 19 feet, exclusive of driveways and parking area; continuous parking may not exceed 200 feet.
(2)
Every parking facility shall be designed so the proposed traffic flow and ingress/egress shall not cause traffic hazards on adjacent streets.
(3)
Every parking area shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle, except on-site parking associated with a single-family dwelling or automotive sales.
(4)
Required off-street parking areas shall be located on the same lot or premises with the main use served or on an adjoining lot.
(5)
No parking shall be located in a required buffer yard.
(6)
No parking area shall be located within 10 feet of a septic system absorption area or property line.
(7)
All parking areas for four or more vehicles shall include clearly defined and marked traffic patterns, with the utmost care taken to provide for safe internal traffic movement and to avoid conflicts between vehicles and pedestrians. Aisle width for one-way traffic shall be 22 feet and for two-way traffic shall be 24 feet.
(8)
In no case shall parking areas for four or more vehicles be designed to require or encourage cars to back into a public street in order to leave a lot.
(9)
Parking for specialty vehicles such as electric vehicle (EV) charging spaces or pregnant mothers shall not count toward the minimum number or required spaces.
(10)
Maintenance of parking areas. For parking areas of four or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Board of Supervisors and/or Township Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property.
(11)
Mixed uses. Total requirements shall be the sum of the requirements of the component uses computed separately in § 500-72A(14).
(12)
Fractional space. In all districts when required parking spaces in § 500-72A(14) result in a fractional space, any fraction shall be construed as requiring a full space.
(13)
Any parking provided for specialty vehicles and/or accessible spaces do not count towards the minimum required spaces.
(14)
Nonapplicability of existing buildings and uses. The provisions of § 500-72 shall not apply to any building or use lawfully in existence at the effective date of this chapter.
(15)
The parking space ratio and design requirements associated with the Americans with Disabilities Act (ADA)[1] shall be accommodated as part of each land use and comply with federal law to ensure accessibility of all persons.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(16)
Minimum requirements for parking areas are as indicated in the following schedule.
Use | Number of Off-Street Parking Spaces Required | Plus 1 Off-Street Parking Space For Each |
|---|---|---|
Automotive and machinery repair station | 1 per 15 vehicles for sale | 1 employee |
Automotive and machinery sales | 5 per service bay | 1 employee |
Automotive service station | 1 per 300 SF of floor area accessible to the public | 1 employee |
Bed-and-breakfast | 1 per guest bedroom | 1 resident family plus 1 nonresident employee |
Bowling lane | 4 per lane | 1 employee |
Cafe | 1 per 30 SF of total floor area | 2 employees |
Car wash | 2 per washing lanes | 2 employees |
Place of worship | 1 per 3 seats or place intended for occupancy by an individual | 200 SF of meeting area |
Commercial stable and/or riding academy | 1 per 3 horses | 1 employee |
Community/cultural center | 1 per 4 seats | 2 employees |
Convenience store | 1 per 2 seats and 1 per 300 SF of floor area accessible to the public (spaces for non-customer vehicles [e.g., delivery trucks and/or other vehicles used for transporting goods] shall not be credited within this required ratio) | 1 employee |
Day-care center/child-care center | 1 per 10 persons cared for | 1 employee |
Driving range | 1 per tee | 2 employees |
Educational institution/school/college | 1 per 4 students aged 16 years or older | 2 employees |
Financial institution, including banks | 1 per 200 SF of floor area accessible to customers, plus 3 spaces for each ATM machine | 1 employee |
Funeral home | 1 per 50 SF of assembly room | 2 nonresident employees plus 1 for any dwelling units |
Game farm/commercial stable and/or riding academy | 1 per 200 SF of floor area accessible to the public but a minimum of 4 spaces | 1 employee |
General services/grocery store | 1 per 150 SF of floor area accessible to customers | 1 employee |
Golf course/country club | 4 per hole or 1 space per 4 seats of capacity of largest gathering/assembly area | 2 employees |
Home occupation | 1 per nonfamily member | 300 SF of net floor area used by the home occupation |
Hospital | 1 per 3 beds | 1 employee |
Hotel, motel | 1 per guest bedroom | 2 employees plus 1 per 6 seats in any meeting room |
Industrial and manufacturing uses | In addition to parking for storage needed for the maximum number of vehicles stored, 1 per 500 SF of office area | 1 per company vehicle |
Kennel | 1 per 15 animals with a minimum of 4 spaces | 1 employee |
Laundromat/dry-cleaning services | 1 per washing machine | 1 employee |
Medical or dental clinic | 1 per 100 SF of net floor area | 1 employee |
Membership club/exercise club | 1 per 4 members | 1 employee |
Shopping center | 1 per 200 SF of total leasable floor area | |
Nursery/greenhouse/garden center | 1 for 250 SF of indoor sales area and 10,000 SF of outside sales area | 1 employee |
Office | 1 per 225 SF of total floor area | 1 employee |
Park | 1 per 3 acres | 1 employee |
Personal service establishment/shooting range | 1 per 150 SF of floor area accessible to customers | 1 employee |
Picnic area | 1 per 3 persons of capacity (50% may be on grass overflow areas with major driveways in gravel) | 1 employee |
Place of assembly/worship | 1 space per 4 seats of capacity of largest gathering/assembly areas | 1 employee |
Preserve | 1 per 200 SF of floor area accessible to the public but a minimum of 4 spaces | 1 employee |
Public building | 1 per 400 SF of floor area | 2 employees |
Public utility | 1 per 100 SF of office area | 1 employee |
Restaurant | 1 per 2 seats | 1 employee |
Residential dwelling unit | 3 per dwelling unit | |
Retail store | 1 per 150 SF of floor area accessible to the customers | 1 employee |
Self-storage building | 1 per 15 storage units | 1 employee |
Solid waste transfer area/facility | In addition to parking for storage needed for the maximum number of vehicles stored, 1 per 500 SF of office | 1 employee |
Swimming pool, public | 1 per 40 SF of water surface | 1 employee |
Brewpub/tavern | 1 per 30 SF of total floor area | 1 employee |
Veterinarian clinic | 5 per veterinarian | 1 employee |
Warehouse | In addition to parking for storage needed for the maximum number of vehicles stored, 1 per company vehicle | 1 employee |
Wholesale and distributors | 1 per 250 net floor area | 1 employee |
Winery/distillery | Per § 500-78 |
B.
Required off-street truck loading spaces.
(1)
Every building or structure, lot or land hereafter put into use for commercial or industrial purposes or for a hospital and which has an aggregate net floor area of 5,000 square feet or more in any district where such uses are permitted shall be provided with off-street truck loading spaces in accordance with the following schedule:
Square feet of Aggregate Net Floor Area Devoted to Such Use (sq. ft.) | Required Number of Off-Street Truck Loading Spaces |
|---|---|
5,000 to 25,000 | 1 |
25,001 to 40,000 | 2 |
40,001 to 100,000 | 3 |
Each additional 60,000 | 1 additional |
(2)
Size of individual truck loading space. An off-street truck loading space shall have a minimum width of 10 feet, a minimum length of 80 feet, and minimum clear height of 14 feet including its access from the street.
C.
Facilities that require dock appointments must provide on-site parking for staging and/or early arrivals of vehicles.
§ 500-73 Access driveways.
A.
Every one-way access driveway shall have a minimum unobstructed width of 10 feet. Every two-way access driveway shall have a minimum total unobstructed width of 24 feet. No more than 60 feet of total access driveways will be permitted.
B.
Where a lot does not abut on a public or private road, alley or easement access, an access driveway not less than 10 feet in width shall be provided.
C.
Any access driveway may be located within a required side yard abutting street, required front yard, or required rear yard.
D.
All permitted commercial uses shall have a minimum of one two-lane driveway with dedicated exit and entrance locations. Driveway provisions in the Township Code shall apply.
§ 500-74 Performance standards prohibitions.
A.
Dust, dirt, smoke, vapors, gases and odors control.
(1)
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not conform with the standards established under the State Air Pollution Control Act of January 9, 1960, Public Law 2119, as amended, and Title 25, Rules and Regulations, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article III, Air Resources.[1]
[1]
Editor's Note: See 35 P.S. § 4001 et seq., and 25 Pa. Code § 121.1 et seq., respectively.
(2)
No person shall generate odors that are seriously offensive to persons of average sensibilities beyond the boundaries of a lot line. This shall not apply to odors created by permitted agricultural uses that are using normal farming practices. Any spreading of manure and septic sludge shall follow good soil and water conservation and odor reduction practices to reduce odor. General standards shall be those recommended by the Pennsylvania State University Agricultural Extension Service.
B.
Noise control.
(1)
The sound-pressure level of any use (other than the operation of motor vehicles, excluding motor vehicle racing) shall not exceed, at any point on the property line, the decibel levels shown below, subject to the following corrections: subtract five decibels for pulsating or periodic noises; add five decibels for noise sources operating less than 20% of any one-hour period.
Maximum Permitted Sound Level in Decibels | |
|---|---|
Along Residential Agricultural Boundaries | Along Any Other Boundaries |
50 | 55 |
38 | 40 |
35 | 38 |
32 | 38 |
(2)
No loudspeaker or amplifying device shall be permitted which will project sound beyond the bounds of the property or lot.
(3)
Sound-pressure level shall be measured according to the specifications published by the American National Standards Institute. The Pennsylvania Department of Environmental Protection may, upon request, make decibel readings to determine compliance with the above standards.
C.
Vibration and lighting. No person shall allow any use to be conducted which is seriously offensive by reason of vibration or light beyond the limits of its lot or to be dangerous or prejudicial to the public health, safety or general welfare.
§ 500-75 Accessory use or structure requirements.
The placement of an accessory use or structure shall be subject to the following requirements:
A.
Any driveway may be located within any required yard.
B.
Required accessory parking areas and truck loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across an adjoining lot.
C.
Fences or other structures shall not be located in the right-of-way, including masonry mailboxes, driveway pillars, trees or shrubs. Only breakaway signs or mailboxes shall be permitted.
D.
No required accessory parking area or off-street truck loading space shall be encroached upon by buildings, open storage, or any other use.
E.
No accessory building shall be within a minimum front yard requirement or minimum side yard abutting street requirement in any district.
F.
No accessory structure shall be constructed within 10 feet of any rear lot line or any side lot line.
G.
No accessory structure shall exceed 20 feet in height.
H.
An accessory use or structure shall be on the same lot with the main building or buildings.
I.
Any equipment/vehicle storage which is an accessory to or associated with automative machinery sales shall be contained within the principal structure or shall be placed behind the principal structure front facade.
J.
Sheds and garages. The use of sea container and/or truck bodies as storage sheds shall be prohibited. Temporary use due to construction or moving shall be permitted subject to the approval of the building permit.
§ 500-76 Private garages or private parking area.
A.
A private garage or private parking area may be utilized only as an accessory to the main use, except that no more than two parking spaces in a private garage accessory to a one-family dwelling may be rented to a person who is not a resident of the main building.
B.
A private garage may be constructed within or under any portion of a main building.
C.
Nothing contained herein shall prevent the construction of a private garage as a structural part of a main building, provided that when so constructed the exterior garage walls shall be regarded as the walls of the main building in applying the front, rear, and side yard regulations of this chapter.
D.
For purposes of a home-based business or home occupation, private garage(s) on the subject lot shall be permissible as spaces for material storage associated with said home-based business or home occupation, but a private garage(s) shall not be used as a location for conducting any of said business activity.
§ 500-77 Parking area for commercial vehicles on residential lots.
Not more than one commercial vehicle with four or more axles or two commercial vehicles with less than four axles may be parked on any lots in R, RC or EP Districts or residential lots in the RV District, and then only subject to the following requirements:
A.
There shall be a minimum lot size of 1.25 acres, exclusive of any road right-of-way.
B.
Each commercial vehicle shall be placed in a designated parking area to be located not closer than 25 feet from any lot line or street right-of-way line, or 50 feet from any neighboring residence, whichever is the greater.
C.
Only those commercial vehicles operated by a resident of the lot shall be parked on that lot.
D.
A zoning permit is required to park a commercial vehicle as regulated in this section. The application shall be accompanied by a site plan detailing the layout and dimensions of the parking area.
E.
Nothing in this section shall be construed to regulate or to limit the use, storage or parking of farm related vehicles off the public street.
F.
No recreational vehicle or unit shall be parked or stored on any lot in any district except under a roof or in an enclosed building or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on residential premises for not to exceed 72 hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.
G.
Parking shall be prohibited on any public road.
H.
The use of sea container and/or truck bodies as storage sheds shall be prohibited, excluding those of temporary use due to construction or moving.
I.
Reserved.
§ 500-78 Specific regulations applying to certain uses.
[Amended 4-14-2025 by Ord. No. 2025-3]
In the case of conflicts between provisions of this chapter and regulations of Pennsylvania Act 38 of 2005, as may be amended from time to time, known as the "Agriculture, Communities and Rural Environment Act (ACRE)," 3 Pa.C.S.A. § 101 et seq., the provisions of ACRE shall govern.
A.
Advertising sign.
(1)
May not exceed 35 feet in height. The height is the vertical distance measured from the average ground level at the base of the supporting structure to the highest point of the sign and/or its supporting structure.
(2)
No advertising sign shall be located within 1,500 feet of another advertising sign.
(3)
All advertising signs shall be a minimum of 50 feet from all property lines.
(4)
All advertising signs shall be set back at least 100 feet from any land within a residential zone.
(5)
No advertising sign shall obstruct the view of motorists on adjoining roads, or the view of adjoining commercial or industrial uses, which depend upon visibility for identification.
(6)
No advertising sign shall exceed an overall size of 672 square feet.
(7)
All properties upon which an advertising sign is erected shall be regularly maintained so as not to create a nuisance by means of weeds, litter or vermin habitation.
(8)
To avoid light pollution, shielding of lighting shall be required.
(9)
Only one electronic sign is permitted per structure. One sign face shall equal one sign. No two-sided electronic signs shall be permitted.
B.
Agritourism activities.
(1)
Agritourism activities shall only occur on agricultural land which is at least 10 acres in size or which is less than 10 acres in size but has an anticipated annual revenue of at least $10,000.
(2)
Patrons participating in agritourism activities shall only be permitted to access structures that are located a minimum distance of 300 feet from the nearest point of any dwelling unit not owned by the owner of the agricultural land where the agritourism activities are conducted.
(3)
Patrons participating in agritourism activities shall only be permitted to access structures that are located a minimum distance of 99 feet from any real property boundary line, unless such property boundary line is appurtenant to a parcel of real property owned by the owner of the agricultural land on which the agritourism activities are conducted.
(4)
Adequate on-site, no-impact parking area(s) shall be provided for patrons. No parking by patrons shall be permitted on any public road.
(5)
Parking areas used by patrons participating in the agritourism activities shall be located a minimum distance of 100 feet from any real property boundary line, unless such property boundary line is appurtenant to a parcel of real property owned by the owner of the agricultural land on which the agritourism activities are conducted.
(6)
The agritourism activities shall not be conducted in such a way as to produce noxious odors, noise, or glare.
(7)
Agritourism activities shall not be conducted between the hours of 9:00 p.m. and 6:00 a.m.
(8)
The sale of alcoholic beverages shall be prohibited.
C.
Automotive and machinery repair station.
(1)
All activities shall be performed within an enclosed building.
(2)
Outdoor storage of automobiles and other vehicles shall only be in the rear and/or side yard and entirely enclosed with a fence, not less than six feet high, with screening.
(3)
Outdoor storage of automobile parts and junk shall be prohibited.
(4)
Fuel pumps shall be at least 25 feet from any future street right-of-way or 50 feet from the street center line, whichever is greater.
(5)
A use that is primarily intended to serve trucks with six or more wheels shall have a minimum lot area of four acres and all areas used for fueling and servicing shall be set back a minimum of 250 feet from all existing residential lot lines and residential zoning district boundaries.
(6)
Parking in the grass shall be prohibited, all vehicles must be parked in a designated space.
(7)
Long-term storage of any vehicle or parts thereof nonroadworthy vehicles are prohibited.
D.
Automotive service station.
(1)
The minimum lot width shall be 200 feet along each street on which the lot abuts.
(2)
All activities except those to be performed at the fuel pumps or air pumps shall be performed within a completely enclosed building.
(3)
Fuel pumps shall be at least 25 feet from any future street line or 50 feet from the street center line, whichever is greater.
(4)
All vehicular parts and dismantled vehicles shall be located within a building.
(5)
Vehicles that are taken to a service station for outside storage because of an accident may remain no longer than 60 days from the day the vehicle arrives at the station.
(6)
A use that is primarily intended to serve trucks with six or more wheels shall have a minimum lot area of four acres and all areas used for fueling and servicing shall be set back a minimum of 250 feet from all existing residential lot lines and residential zoning district boundaries.
E.
Bank.
(1)
A minimum of two access driveways shall be provided.
(2)
Any drive-in window(s) and waiting lane(s) shall be located and have capacity for sufficient numbers of vehicles to ensure that traffic conflicts and hazards are avoided within the site and along the adjoining streets.
F.
Bed-and-breakfast.
(1)
The bed-and-breakfast shall be contained within an existing single-family detached dwelling.
(2)
The height of any addition to an existing single-family detached dwelling containing the bed- and-breakfast shall not exceed the maximum height of the existing structure.
(3)
Any septic system installed shall be sized as measured using the intended capacity and number of bedrooms in the facility.
(4)
Minimum parking spaces shall be calculated on the basis of one off-street parking per bedroom.
(5)
The front, side and rear yards distances of the single-family detached dwelling containing the bed-and-breakfast shall conform to minimum yard requirements of the applicable zoning district as set forth in this chapter.
(6)
Prior to the issuance of any permit for use of the single-family detached dwelling as a bed-and-breakfast, the permit applicant shall provide the Zoning Officer with documentation from applicable inspection agencies that all regulations and building codes[1] have been satisfied.
[1]
Editor's Note: See also Ch. 225, Construction Codes, Uniform.
(7)
Off-street parking spaces shall be on the same lot as the single-family detached dwelling containing the bed-and-breakfast.
(8)
The single-family detached dwelling containing the bed-and-breakfast must be owner-occupied, meaning that the owner(s) must reside in the single-family detached dwelling.
(9)
The number of meals served shall be limited to one per day that being the breakfast meal.
(10)
All lighting and signs shall conform to the requirements set forth in this chapter.
G.
Car wash.
(1)
Any car wash shall demonstrate that its use of water will not have any adverse impact on the water supplies of the surrounding properties.
(2)
A minimum of two access driveways shall be provided.
(3)
Recirculating water supply facilities shall be provided.
(4)
Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
H.
Commercial communications facilities. This section is applicable to the antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless commercial communications services.
(1)
Use: tower-based commercial communications facilities.
(a)
General requirements for all tower-based commercial communications facilities (CCF). The following regulations shall apply to all tower-based commercial communications facilities:
[1]
Standard of care. The CCF applicant shall present documentation that the tower-based CCF shall be designed, constructed, operated, maintained, repaired, modified and removed, in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, and the Electrical Industrial Association/Telecommunications Industry Association. Certification of the design from a Pennsylvania-registered professional engineer is required. Any tower-based CCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
[2]
Structural requirements.
[a]
Any tower-based CCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/ETA/TIA 222-G Code, as amended).
[b]
A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA/TIA 222-G, as amended, shall be submitted.
[c]
The facility shall be constructed to withstand a wind velocity of 100 miles per hour as well as all proposed placements or co-location of nontower CCFs.
[d]
A copy of the structural analysis, signed and sealed by a registered structural engineer licensed in the Commonwealth of Pennsylvania, shall be submitted to the Township.
[3]
Public safety communications. No tower-based CCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[4]
Maintenance and inspection. The following maintenance and inspection requirements shall apply:
[a]
Any tower-based CCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[b]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[c]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
[d]
Guyed towers and other wireless support structures shall be inspected every three years and self-supporting towers/monopoles, shall be inspected every five years. All towers shall be inspected after severe wind (sustained tropical storm or hurricane force winds) or ice storms or other extreme loading conditions. Inspection reports shall be prepared by a licensed professional engineer and submitted to the Township Engineer for review.
[5]
Radio frequency emissions. No tower-based CCF may, by itself or in conjunction with other CCFs, 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.
[6]
Historic buildings or districts. No tower-based CCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Township or has been designated by the Township as being of historic significance.
[7]
Identification, all tower-based. CCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. The Township shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.
[8]
Lighting and signage. No signs or lights shall be mounted on a tower-based CCF except as required by law, the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) or any other governmental agency having jurisdiction over the same. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Emergency lighting for any accessory facility/building and signage as allowed in Subsection H(1)(a)[7] above is permitted, subject to Township review and approval.
[9]
Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.
[10]
Noise. Tower-based CCFs 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.
[11]
Aviation safety. Tower-based CCFs shall comply with all federal and state laws concerning aviation safety and applicable airport zoning regulations.
[a]
Documentation from the Federal Aviation Administration (FAA) shall be submitted by the applicant for any tower-based CCF exceeding 200 feet in height stating that the subject CCF is approved by the FAA.
[b]
Any applicant for a proposed tower-based CCF located within a radius of five aerial miles of any airport shall notify said airport, in writing, of its intent to construct a CCF prior to construction.
[12]
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based CCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the tower-based CCF shall reimburse the Township for all costs of the Township's consultation(s) in providing expert evaluation and consultation in connection with these activities.
[13]
FCC license. The applicant shall submit to the Township a copy of its current Federal Communications Commission (FCC) license and the name, address, emergency number, and operator of the facility.
[14]
Insurance. Each person that owns or operates a tower-based CCF shall provide the Township with proof of insurance. 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 of $1,000,000 per occurrence covering the communication facility is required. The Township, its employees, Engineer, Solicitor, planner, and other relevant professional shall be named additional insured and the certificate shall provide, as a minimum, that the additional insured shall be notified not less than 60 days in advance of the insurance not being renewed or being cancelled for any reason.
[15]
Timing of decision. Within 30 calendar days of the date that an application for a tower-based CCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Where a conditional use approval is required, the governing body shall render a decision within 45 days after the last hearing before the governing body. All other applications, including land development, for tower-based CCFs shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such tower-based CCF and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.
[16]
Nonconforming uses. Nonconforming tower-based CCFs 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.
[17]
Indemnification. Each person that owns or operates a tower-based CCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, Engineer, Solicitor, planner, agents, and other relevant professional consultants, 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, operations, maintenance, or removal of a tower-based CCF. 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.
[18]
Removal/financial security. In the event that use of a tower-based CCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. If it remains unused for a period of six consecutive months, the Township will provide notice to the owner/operator to remove the tower. Unused or abandoned tower-based CCFs or portions of tower-based CCFs shall be removed as follows:
[a]
All unused or abandoned tower-based CCFs and accessory facilities shall be removed within six months of the cessation of operations at the site or from the time the municipality provides notice, unless a time extension is approved by the Township.
[b]
If the tower-based CCF and/or accessory facility is not removed within six months of the cessation of operations at a site from the time the municipality provides notice, or within any longer period approved by the Township, the tower-based CCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the tower-based CCF.
[c]
Prior to the issuance of a zoning permit, the owner/operator of the tower-based CCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this section. Security shall be an amount to cover tower and/or antenna removal and site cleanup. The security shall be utilized by the Township in the event the owner or operator of the tower-based CCF does not remove the facility as outlined in Subsection H(1)(a)[18][a] and [b] above or to recover any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure.
[d]
The Township must approve all replacements of portions of a tower-based CCF previously removed.
(b)
Tower-based CCFs outside the rights-of-way. The following regulations shall apply to tower-based commercial communications facilities located outside the rights-of-way:
[1]
Development regulations:
[a]
Allowable districts. Commercial communications facilities are prohibited as follows:
[b]
No tower-based CCF shall be located closer than 250 feet to an existing residential dwelling or residential zoning district boundary in which CCFs are prohibited.
[c]
Tower-based CCFs are prohibited in the Light Industrial, General Commercial, Rural Village, Rural, and Rural Conservation Zoning Districts.
[d]
Tower-based CCFs are permitted by special exception in accordance with the requirements of § 500-78H in the General Industrial District.
[e]
Gap in coverage. An applicant for a tower-based CCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of tower-based CCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based CCFs.
[f]
Height. Any tower-based CCF outside of the rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 220 feet. Height shall include all subsequent additions or alterations.
[g]
Sole use on a lot. A tower-based CCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.
[h]
Combined with another use. A tower-based CCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
[i]
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.
[j]
The tower-based CCF may occupy a leased parcel within a lot meeting the minimum lot size for the zoning district. The leased parcel shall be, at a minimum, the area needed to accommodate the tower-based CCF and guy wires, the equipment building, security fence, and buffer planting.
[k]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district.
[l]
Minimum setbacks. The tower-based CCF and accompanying equipment building shall not be located in the minimum front, rear, or side yard setbacks for the applicable zoning district. Further, no tower-based CCF shall be located within 100 feet or the distance of the fall zone, whichever is greater, from any property line or existing street right-of-way or 200 feet of any occupied building.
[m]
Vehicular access to the tower-based CCF shall not interfere with parking or circulation on the site.
[n]
Applicant shall demonstrate, utilizing the most current technological evidence available, that the commercial communications facility (CCF) must be constructed where it is proposed in order to satisfy its function pursuant to the communications industry's technological requirements.
[2]
Co-location. An application for a new tower-based CCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based CCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based CCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
[3]
Design regulations:
[a]
The tower-based CCF shall employ the most current standards available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.
[b]
Any height extensions to an existing tower-based CCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon land use impact or any other lawful considerations related to the character of the Township.
[c]
Any proposed tower-based CCF shall be designed structurally, electrically, and in all respects to accommodate both the CCF applicant's antennas and comparable antennas for future users. At a minimum the structure and wind load should be able to accommodate a 10% increase in height or one additional array, not to exceed a total height of more than 200 feet.
[4]
Surrounding environs:
[a]
The tower-based CCF shall comply with the required yard requirements of the applicable zoning district.
[b]
The tower-based CCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based CCF structure shall be preserved to the maximum extent possible.
[5]
Fence/screen:
[a]
A security fence having a maximum height of eight feet shall completely surround any tower-based CCF, guy wires, parking, or any building/structure housing CCF equipment.
[b]
An evergreen screen shall be required to surround the site of the proposed tower-based CCF. The screen shall either be a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be at a minimum six feet at planting and shall grow to a minimum 15 feet at maturity. The vegetation utilized should be deer resistant.
[c]
The tower-based CCF applicant shall submit a landscape plan for review and approval by the Township for all proposed screening.
[d]
Alternate forms of screening, other than the landscaping outlined above, may be permitted if reviewed and approved by the Board of Supervisors.
[6]
Accessory equipment:
[a]
Ground-mounted equipment associated to, or connected with, a tower-based CCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be screened from public view.
[b]
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback and height requirements of the underlying zoning district.
[7]
Additional antennas. As a condition of approval for all tower-based CCFs, the CCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based CCFs where technically and economically feasible. The owner of a tower-based CCF shall not install any additional antennas without obtaining the prior written approval of the Township.
[8]
Access road/lease area. Adequate emergency and service access to tower-based CCF must be provided.
[a]
Access shall be provided to the facility by means of a public street or easement to/from a public street unless waived in writing by the Weisenberg Township Board of Supervisors. The easement shall be a minimum to 20 feet in width and shall be improved to a width of at least 10 feet with a paved surface for its entire length. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
[b]
A minimum of two off-street parking spaces shall be provided for a tower-based CCF.
[c]
A turnaround area must be provided within the fenced area to allow adequate access by all service and emergency vehicles.
[9]
Site plan required. In order to determine if the requirements of this section are met, the applicant shall present a site plan showing, at a minimum, the following items:
[a]
Locations of all existing and purposed uses on the subject site, including the proposed tower-based CCF.
[b]
Elevations and drawings of any existing uses and proposed tower-based CCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antenna, etc., proposed.
[c]
Site boundary, lease area boundary, zoning data, setbacks/yards, and adjacent uses.
[d]
Vehicular access, fencing, landscaping, utility and/or access easements.
[10]
Inspection. The Township reserves the right to inspect any tower-based CCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a tower-based CCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(c)
Tower-based CCFs in the rights-of-way. The following regulations shall apply to tower-based commercial communications facilities located in the rights-of-way:
[1]
Development regulations:
[a]
No tower-based CCF shall be located within the existing or future rights-of-way of any Township owned arterial or local road as designated by the Township.
[b]
Tower-based CCFs are permitted in all other existing rights-of-way.
[c]
The applicant shall provide proof of authorization from the owner of the right(s)-of-way for the location(s) of the proposed tower(s).
[d]
The application shall be accompanied by plans and other materials, as required by this chapter, describing the use and locations proposed. Such plans and other materials shall provide sufficient basis for evaluating the applicant's requests.
[2]
Gap in coverage. An applicant for a tower-based CCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of tower-based CCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based CCFs in the right-of-way.
[3]
Height. Any tower-based CCF in rights-of-way, shall be designed at the minimum functional height and shall not exceed a maximum total height of 50 feet, which height shall include all subsequent additions or alterations. All tower-based CCF applicants must submit documentation to the Township justifying the total height of the structure.
[4]
Co-location. An application for a new tower-based CCF in the right-of-way shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based CCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
[5]
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based CCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[2]
[2]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
[6]
Equipment location. Tower-based CCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In addition:
[a]
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
[b]
Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
[c]
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
[e]
Any underground vaults related to tower-based CCFs shall be reviewed and approved by the Township.
[7]
Design regulations.
[a]
The tower-based CCF shall employ the most current standards available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.
[b]
Any height extensions to an existing tower-based CCF shall require prior approval of the Township and shall not increase the overall height of the tower-based CCF to more than 50 feet.
[c]
Any proposed tower-based CCF shall be designed structurally, electrically, and in all respects to accommodate both the CCF applicant's antennas and comparable antennas for future users.
[8]
Additional antennas. As a condition of approval for all tower-based CCFs in the right-of-way, the CCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based CCFs where technically and economically feasible. The owner of a tower-based CCF shall not install any additional antennas without obtaining the prior written approval of the Township.
[9]
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based CCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any tower-based CCF 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 as determined by the Township.
[10]
Compensation for right-of-way use. In addition to permit fees, every tower-based CCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each tower-based CCF 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. The annual right-of-way management fee for tower-based CCFs shall be determined by the Township and authorized by resolution of Township Board of Supervisors and shall be based on the Township's actual right-of-way management costs as applied to such tower-based CCF.
(2)
Use, nontower commercial communications facilities.
(a)
General requirements for all nontower commercial communications facilities (CCF) and base stations.
[1]
Standard of care. Any nontower CCF that is considered a co-location, modification, or replacement shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any nontower CCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township. The Township shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.
[2]
Wind and load.
[a]
Any nontower CCF that is considered a co-location, modification, or replacement shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TTA 222-G Code, as amended).
[b]
The wireless support structure to which the nontower CCF is attached shall be able to withstand the additional structural load of the co-location, modification, or replacement.
[c]
A copy of the structural analysis, signed and sealed by a registered engineer in the State of Pennsylvania, shall be submitted to the Township and reviewed as a portion of the permitting process for co-locations, modifications, or replacements.
[3]
Public safety communications. No nontower CCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[4]
Aviation safety. Nontower CCFs shall comply with all federal and state laws and regulations concerning aviation safety.
[5]
Radio frequency emissions. No nontower CCF may, by itself or in conjunction with other CCFs, 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.
[6]
Historic buildings. Nontower CCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts lists maintained by the Township or has been designated by the Township as being of historic significance.
[7]
Nontower CCF development regulations; no substantial change. If the eligible facilities request for a nontower commercial communication facility or base station is a co-location, modification, or a replacement that does not substantially change the existing wireless support structure, then the requirements contained herein will be applicable.
[a]
Permitted in all zoning districts:
[i]
Building permit required. Co-locations, modifications, or replacements of nontower CCFs or transmission equipment on existing wireless support structures or base stations are subject to the initial zoning or land use approvals for the previously approved wireless support structure or nontower CCF, and subject only to the building permit review and approval process of the Township.
[ii]
No building permit required. Replacement of nontower CCFs or transmission equipment on existing, Township-approved wireless support structures or base stations, without an increase in wind or structural load, may be performed by the applicant without obtaining a building permit.
[b]
Removal. In the event that use of a nontower CCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. If it remains unused for a period of 12 consecutive months, the Township will provide notice to the owner/operator to remove the tower. Unused or abandoned nontower CCFs or portions of nontower CCFs shall be removed as follows:
[i]
All abandoned or unused nontower CCFs and accessory facilities shall be removed within three months of the cessation of operations at the site or from the time the municipality provides notice, unless a time extension is approved by the Township.
[ii]
If the nontower CCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the nontower CCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the nontower CCF.
[c]
Timing of decision. Within 30 calendar days of the date that an application for a co- location, modification, or replacement of a nontower CCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. If additional information is requested by the Township to complete an application, the time period for review may be tolled by mutual agreement. Within 60 calendar days of receipt of the application, accounting for tolling, the Township must make a final decision regarding the application and shall advise the applicant in writing of such decision.
[i]
A determination of incompleteness must specifically delineate all missing information, and specifying the Code provision, ordinance, application instructions or otherwise publicly stated procedures that require the information to be submitted.
[ii]
Following an applicant's resubmission in response to a determination of incompleteness, the Township may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first 30 days.
[iii]
The sixty-day review period begins running again when the applicant makes its supplemental resubmission, however, the review period may be tolled, once again, if the Township notifies the applicant within 10 days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information.
(b)
Nontower CCF development regulations; substantial change. If the eligible facilities request for a nontower commercial communication facility or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure, then the requirements contained herein will be applicable.
[1]
Permitted in all zoning districts. Nontower CCFs are permitted in all zoning districts subject to the initial zoning or land use approvals for the previously approved wireless support structure or nontower CCF. These CCFs are subject the building permit review and approval process of the Township.
[2]
Maintenance. The following maintenance requirements shall apply:
[a]
The nontower CCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[b]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[c]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
[3]
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 nontower CCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the nontower CCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[4]
Timing of decision. Within 30 calendar days of the date that an application for a nontower CCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
[5]
Removal. In the event that use of a nontower CCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned nontower CCFs or portions of nontower CCFs shall be removed as follows:
[a]
All abandoned or unused nontower CCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
[b]
If the nontower CCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the nontower CCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the CCF.
[c]
Prior to the issuance of a zoning permit, the owner/operator of the nontower CCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this section. Security shall be an amount to cover tower and/or antenna removal and site cleanup. The security shall be utilized by the Township in the event the owner or operator of the nontower CCF does not remove the facility as outlined in Subsection H(2)(b)[5][a] and [b] above or to recover any and all compensatory damages incurred by the Township for violations of this section after reasonable notice and opportunity to cure.
[6]
Indemnification. Each person that owns or operates a nontower CCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, Engineer, Solicitor, planner, agents, and other relevant professional consultants, 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, operations, maintenance, or removal of a nontower CCF. 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.
(c)
Nontower CCFs outside the rights-of-way. If the eligible facilities request for a nontower commercial communication facility or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure and is located outside the right-of-way, then the requirements contained herein, will be applicable.
[1]
Development regulations. Nontower CCFs shall be co-located on existing wireless support structures/base stations, subject to the following conditions:
[a]
Such nontower CCF does not exceed the maximum permitted height of the existing wireless support structure.
[b]
If the nontower CCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[c]
An eight-foot-high security fence 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.
[2]
Design regulations.
[a]
Nontower CCFs shall be treated to match the supporting structure in order to minimize aesthetic impact.
[b]
Nontower CCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the ground.
[c]
All nontower-based CCF applicants must submit documentation to the Township justifying the total height of the nontower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
[d]
Antennas and their respective accompanying support structures shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
[3]
Inspection. The Township reserves the right to inspect any nontower CCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a nontower CCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(d)
Nontower CCFs in the rights-of-way. If the eligible facilities request for a nontower commercial communication facility or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure and is located in the right-of-way, then the requirements contained herein will be applicable.
[1]
Co-location. Nontower CCFs in the right-of-way shall be located on existing poles/base stations, such as existing utility poles or light poles or other wireless support structures.
[2]
Design requirements.
[a]
Nontower CCF installations located above the surface grade in the public right-of-way, including but not limited to those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[b]
Antennas and all support equipment shall be treated to match the supporting structure. Nontower CCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
[3]
Equipment location. Nontower CCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In addition:
[a]
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
[b]
Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate to the satisfaction of the Township Engineer that ground-mounted equipment cannot be placed underground, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
[c]
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the nontower CCF or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
[e]
Any underground vaults related to nontower CCFs shall be reviewed and approved by the Township.
[4]
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower CCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[3]
[3]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
[5]
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a nontower CCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any nontower CCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental entity in the right-of-way;
[c]
Vacation of a street or road or the release of a utility easement; or
[d]
An emergency as determined by the Township.
[6]
Compensation for right-of-way use. In addition to permit fees, every nontower CCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each nontower CCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual right-of-way management fee for nontower CCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual right-of-way management costs as applied to such nontower CCF.
I.
Commercial stable and/or riding academy.
(1)
The minimum lot size shall be 10 acres.
(2)
No structure shall be located closer than 300 feet from any dwelling unit, except for the home on the premises.
(3)
The Zoning Hearing Board shall determine that the proposed location will not create a noise, traffic, or other nuisance to adjacent properties.
(4)
There shall be no illuminated signs between 10:00 p.m. and 6:00 a.m.
J.
Cultural/community center.
(1)
One parking space shall be provided per four seats at designed capacity.
K.
Day-care center.
(1)
All outdoor play areas shall be entirely enclosed with a fence, not less than four feet high.
(2)
Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m. and shall not be closer than 50 feet to any residential lot line or 30 feet to any commercial lot line.
(3)
A letter from the applicable federal or state agency that all federal and state regulations for day-care centers have been met shall be provided before the issuance of an occupancy certificate.
(4)
Shall have constant supervision during all hours of operation.
L.
Hospital.
(1)
Letters from the applicable federal and state agencies shall be provided to indicate that all federal and state regulations for the facility have been met prior to the issuance of an occupancy certificate.
(2)
The use shall provide a minimum of 20% of the site suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.
M.
Membership club.
(1)
All outdoor play areas shall be screened to protect the neighborhood from any noise and shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(2)
All outdoor play areas shall be located no closer to any lot line than the required front yard depth.
N.
Medical marijuana grower/processor. In addition to all requirements of the Commonwealth of Pennsylvania, a traffic impact study shall be performed and certified by a professional engineer that identifies peak hour impacts and all applicable remediation measures associated with the corresponding roadways.
O.
Mineral extraction. Unless otherwise regulated by the Commonwealth of Pennsylvania, the following shall apply.
(1)
If a mineral extraction use involves mining activities over more than two acres of land in any calendar year, then the following additional requirements shall be met.
(2)
A copy of all information submitted to state agencies shall also be submitted to the Township at the same time.
(3)
A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Township. Compliance with such plan shall be a condition of Township permits.
(4)
After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.
(5)
A fifty-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. The Township may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence. New trees shall not be required where preserved trees will serve the same purpose.
(6)
The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:
(a)
100 feet from the existing right-of-way of public streets and from all exterior lot lines of the property.
(b)
150 feet from a nonresidential principal building, unless released by the owner thereof.
(c)
400 feet from the lot line of a dwelling.
(d)
150 feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion.
(7)
Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.
(8)
Fencing. The Township may require secure fencing in locations where needed to protect public safety. As an alternative, the Township may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.
P.
Office.
(1)
Within the RV District, an office shall be less than 10,000 square feet.
Q.
Place of worship. The minimum lot area shall be one acre per 100 members for a place of worship, with a minimum of an additional three acres if a school or recreational facility is to be located on the same site.
R.
Printing.
(1)
The use shall demonstrate that its use of water will not have any adverse impact on the water supplies of the surrounding properties.
(2)
All outside storage areas shall be entirely screened and enclosed with a fence.
S.
Public utility facility. Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, waste water, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of § 500-78 of this chapter.
T.
Recycling collection center.
(1)
All operations, including collection shall be conducted within a completely enclosed building.
(2)
There shall be no outdoor storage of materials processed, used, or generated by the operation.
(3)
The applicant shall explain the scope of operation, and offer expert testimony regarding the measures used to mitigate problems associated with noise, fumes, dust, and litter.
(4)
The applicant will be required to assure regular maintenance of the site to immediately collect stray debris.
(5)
All applicable requirements as regulated by the Commonwealth of Pennsylvania Department of Environmental Protection shall apply.
U.
Recycling or refuse transfer station. Unless otherwise regulated by the Commonwealth of Pennsylvania, the Department of Environmental Protection, and/or any other applicable entities, the following conditions apply:
(1)
No facility shall accept materials inconsistent with the Solid Waste Management Act,[4] as amended, and/or the PA Department of Environmental Protection.
[4]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(2)
All proposed solid waste disposal facilities shall prepare and submit to the Township an Environmental Assessment and shall fully comply with the regulations of the Pennsylvania Department of Environmental Protection.
(3)
Such environmental assessments shall also include a traffic study and plan which shall comply with the following requirements:
(a)
Any facility located adjacent to a federal aid highway shall comply with all regulations of the Federal Highway Administration.
(b)
Any facility located adjacent to a state highway shall comply with all regulations of the Pennsylvania Department of Transportation.
(c)
The traffic study and plan shall establish the most direct proposed route or routes for vehicles carrying solid waste to the facility. This route shall minimize impacts on any hospital, residential home, commercial, retail establishment, public school, or religious institution.
(d)
The traffic impact study and plan shall include proposed remedial actions to be taken in the event of a solid waste spill or accident involving a vehicle transporting solid waste.
(4)
No trucks or other vehicles shall be allowed to be parked along any public right-of-way prior to entering the facility. It shall be the responsibility of the facility's operator to schedule vehicles in a manner which will preclude this occurrence and/or to provide adequate on-site vehicle storage facilities in order to comply with this standard.
(5)
All solid waste facilities, including transfer stations and staging areas, which store the solid waste at any stage prior to disposal at an approved facility shall maintain the aforesaid solid waste within a completely enclosed building. Storage of materials, supplies or solid waste in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted unless the aforesaid motor vehicles, truck trailers or other containers shall be stored within a building in accordance with the following provisions.
(6)
All municipal solid waste brought to the site shall be removed from the site by the end of business on the date that it is brought to that site, notwithstanding any DEP regulations which would allow said municipal waste to remain thereon for a longer period of time; provided, however, that not more than one loaded or partially loaded vehicle may be stored overnight in an enclosed building for a period of not more than 18 hours. Hazardous waste, infectious waste, and/or residual waste as classified by DEP shall not be disposed of at a facility in the Township. Such wastes shall not be stored overnight in the Township except as otherwise provided herein.
(7)
Facility operators shall be responsible for the cleanup of the facility's road entrance and surrounding area, throughout the work period, with a final cleanup at the conclusion of the work period.
(8)
All solid waste disposal facilities shall be completely enclosed by a litter fence. The fence shall be fully enclosed with slats to a height of not less than 10 feet for the purpose of retaining all litter waste within the confines of the site. The erection of said fence shall be completed within six months after the issuance of license for a facility. A locked gate system shall be installed on the property so as to prevent any and all illegal dumping which may take place on-site and its surroundings. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence. Such a fence shall not be located closer than 200 feet to any property line. In cases where natural vegetation is not adequate to screen the facility from view from adjoining properties or roads, a dense evergreen planting to affect such screening shall be provided and maintained by the applicant in accordance with a planting plan submitted by the applicant and approved by the Township.
(9)
An evergreen buffered area shall be provided outside of the litter fence, but on the same property. Such natural vegetation shall be designed to act as a visual screen against the site from all adjoining landowners.
(10)
Security guards shall be placed at the site for the purposes of control against illegal dumping.
(11)
After the effective date of this chapter no facility shall be located closer than 750 feet to an existing public right-of-way or property line; residential structure existing at the time of adoption of this chapter; public, semipublic, or institutional use; or commercial or recreational facility.
(12)
All facilities shall establish a vector control program designed to eradicate all rodent problems at the subject site and on surrounding sites. A description of the planned vector control program shall be submitted with all applications for facilities.
(13)
The facility shall provide for treatment and disposal of all liquid effluent and discharges generated by the facility due to storage, washing or other processes used in processing the solid waste. The facility must provide for treatment of all leachate and all other liquid effluent and discharge, unless a sewage treatment facility exists on a site which is approved by the Pennsylvania Department of Environmental Protection, and all leachate and/or liquid discharge will be transported from the site at regular intervals so as not to cause a hazardous situation at the site, and such leachate shall be removed from the site pursuant to any and all applicable ordinances of the Township, regulations of the Pennsylvania Department of Environmental Protection and any and all other applicable statutes or ordinances. The owner of any solid waste disposal facility shall be required to monitor the groundwater and surface water in the vicinity of the facility. Water testing shall be conducted in accordance with the Department of Environmental Protection testing requirements as set forth in the Pennsylvania Code for water quality monitoring and groundwater assessment. The results of these tests shall be provided to the Township. In the event that the facility as defined in this section shall not comply with the regulations as set forth herein, water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area for the storage or disposal of solid waste if water drainage from the facility is to said stream. For each testing period two samples shall be collected; one sample shall be taken from the stream at a point above the facility drainage area and one sample shall be taken from the stream at a point below the facility drainage area. In addition, any well located on the premises shall also be sampled every three months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Township, and results shall be provided to the Township. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the solid waste disposal facility shall cease operation until such time as the sources of the contamination have been identified and corrected.
(14)
All stormwater collected on-site which is exposed to and/or contaminated by solid or residual waste shall be treated by the facility's wastewater treatment system. Stormwater which does not come in contact with the on-site solid or residual waste shall be handled by the facility stormwater management plan which must specifically provide that said water is segregated from exposure to the solid or residual waste located at the facility. Parking of trucks loaded with solid waste which have not been properly cleaned and washed shall only be permitted in buildings, handling areas or parking areas in which containment of spillage, leakage or other contaminants is provided.
(15)
Alternative requirements. If the facility is maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection, then in lieu of the requirements of this Section, the operator of the facility shall submit to the Township Zoning Officer duplicate copies of all applicable permits, reports required by the permits, and any action taken by the permittee related to the permit.
V.
Self-storage building.
(1)
Outside storage areas shall only be in the rear yard and entirely enclosed with a fence, not less than eight feet high, with screening.
(2)
Outdoor storage of automobile parts and junk shall be prohibited.
W.
Shopping center.
(1)
Each application for a shopping center shall be accompanied by a traffic study prepared by a professional traffic engineer that details expected peak and total trip volumes and designations. The study shall consider and make recommendations as to highway system improvements necessary for the safe and congestion-free management of the generated traffic.
(2)
An overlay master plan indicating improvements, including layout of lots, roads, utilities, and buildings shall be prepared and submitted as part of the application.
(3)
All utilities shall be placed underground.
(4)
Fire lane easements shall be shown on the plan.
X.
Solar energy system.
(1)
To the extent applicable, the solar energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended,[5] and the regulations adopted by the Department of Labor and Industry.
[5]
Editor's Note: See also Ch. 225, Construction Codes, Uniform.
(2)
The design of the solar energy system shall conform to applicable industry standards.
(3)
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.
(4)
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, and landscaping that will blend the facility into the natural setting and existing environment.
(5)
The installation of solar energy systems is subject to all local utility company requirements for interconnection.
(6)
Reflection of ground-mounted solar panels should be directed away from adjoining lots and streets and should provide landscaping screening where needed to block the reflection.
(7)
Roof-mounted solar panels shall be permitted as integrated solar panels as the surface layer of the roof or separate flush-mounted solar panels attached to the roof surface.
(8)
Any component of a solar energy system which has not been active in continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.
(9)
The former solar site shall be restored to its natural condition within six months of the removal from the property.
Y.
Swimming pool, private.
(1)
A private swimming pool shall not be located, constructed or maintained on any lot or land area, except in conformity with the requirements of these regulations.
(2)
A permit shall be required to locate, construct, or maintain a private swimming pool.
(3)
Such pool shall be not less than 20 feet from side and rear lot lines.
(a)
Every private swimming pool located on a lot of two acres or more shall not be located closer than 40 feet from side or rear lot lines.
(4)
Such pool shall be located at least 50 feet from any street right-of-way line.
(5)
Such pool shall not occupy more than 25% of the rear and side yard areas, including all accessory structures.
(6)
No more than 1,500 gallons of water can be drawn from private wells to fill a swimming pool.
(7)
No loudspeaker or amplifying device shall be permitted which will project sound beyond the bounds of the property or lot where such pool is located.
(8)
No lighting or spot lighting shall be permitted which will shine directly beyond the bounds of the property or lot where such pool is located.
(9)
Any dam, pond or water reservoir constructed for agricultural uses on a working farm, provided it is within all yard requirements, is not subject to the private swimming pool regulations.
Z.
Truck terminal, distribution, parcel delivery service, motor trucking center.
(1)
All areas used for vehicle storage, loading, fueling, or maneuvering shall be paved.
(2)
The parking area shall be arranged so that all internal traffic movements can be made without entering the public right-of-way.
(3)
All repair operations shall be conducted within enclosed buildings.
(4)
All storage shall be within enclosed structures.
(5)
See also § 500-78AA(16).
AA.
Vacation resort.
(1)
A vacation resort shall only be authorized on parcels of land at least 10 acres in size.
(2)
Any areas where patrons visit such as parking lots, structures, paths, etc., shall be located a minimum distance of 300 feet from the nearest point of any dwelling unit not owned by the owner of the vacation resort.
(3)
All entertainment, live music, events, parties or similar activities located within 500 feet of a dwelling unit not owned by the owner of the vacation resort must be located within a permanent, enclosed building. During any period in which entertainment, live music or similar activities are occurring within such permanent enclosed building, all windows, doors or other openings must remain closed (except for patron ingress and egress) so as to avoid noise from traveling beyond the interior of said building.
BB.
Warehouses/wholesale and distributors, no outside storage. Warehousing and wholesale trade establishments are subject to the following criteria:
(1)
No building on the subject property shall be within 200 feet of any residentially zoned land.
(2)
All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line.
(3)
The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the wholesaling facility.
(4)
The applicant shall be required to provide sufficient off-street parking and loading so as not to require such parking or loading on or along any road, nor upon adjoining property. If, at any time after the opening of the facility, the Supervisors determine that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to the lack of on-site facilities on the subject property, the Supervisors can require the applicant to revise and/or provide additional on-site parking and/or loading space. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
(5)
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
(6)
Soil erosion, sedimentation and storm water runoff shall be controlled in accordance with all applicable laws and regulations.
(7)
The applicant shall submit and continuously implement a working plan for the cleanup of litter and their debris.
(8)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(a)
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;
(b)
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size;
(c)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance; and
(d)
The applicant shall submit a traffic study in accordance with ITE standards, as amended, for the specific type of warehouse or distribution center proposed on the site.
(9)
Adequacy of the number, size, and location of loading and staging spaces provided for trucks to accommodate the expected demand generated by the use, including both preloading and post-loading activities.
(10)
Adequacy of off-street staging spaces available for tractor trailers arriving during nonbusiness hours to prevent vehicles from parking on public streets while waiting to access the facility.
(11)
The emissions of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, to animals, vegetation, or to property, or which can cause any soiling, or staining of persons or property at any point beyond the lot line of the use creating the emission is prohibited.
(12)
No loud speakers shall be permitted outside any enclosed structures.
(13)
No materials or waste matter of any kind shall be deposited upon a lot in such form or manner that it may be transported off the lot by natural causes or forces.
(14)
No materials or other substances that can contaminate wells, watercourses, or potable water supplies shall be deposited on the site.
(15)
No activities involving the storage, utilization, or manufacture of materials or products which could decompose by detonation shall be permitted except as authorized by the Township. Such materials shall include, but need not limited to, all primary explosives such as lead oxide and lead sulfate; all high explosives and boosters such as TNT, RDS, tetryl, and ammonium nitrate; propellants and components thereof such as nitrocellulose, black powder, ammonium perchlorate and nitroglycerin; blasting explosives such as dynamite, powdered magnesium, potassium chlorate, potassium permanganates, and potassium nitrate, and nuclear fuels and reactor elements such as uranium 235 and plutonium. A list of such materials shall be provided to the Township-supported Fire Department(s).
(16)
Truck parking and storage of trailer requirements. The uses shall have amenities for the truck drivers/operators of the vehicles using the facility in addition to any similar amenities provided to on-site warehouse/distribution employees. The provisions outlined within shall apply:
(a)
The amenities shall include, at a minimum, a lounge for drivers/operators, with restroom facilities, including at least three sinks and three stalls per restroom, and dispensing machines or similar facilities to provide food and beverages.
(b)
At least one amenity shall be provided for every 30 truck loading/unloading docks/doorways of the use.
(c)
The size of each such amenity shall be proportionate to the number of loading/unloading docks/doorways of the use. Each amenity shall contain not less than one seat per 10 docks/doorways, with a minimum area to accommodate six seats and one four-person table.
(d)
There shall be provided at least one twelve-foot-by-eighty-foot truck parking space per each required lounge seat of the amenity.
(e)
Trucks parked in amenity parking spaces shall not leave engines idling unless required for safety or weather-related reasons. Electrical outlets shall be included in parking areas for trucks to utilize.
(f)
All trucks awaiting access to a loading/unloading dock/doorway shall park in designated amenity parking spaces unless all such spaces are already occupied.
(g)
Trucks idling or parked on a public right-of-way and waiting for entry onto the lot shall not be permitted.
(h)
Driveways and drive aisles shall be designed with turning radii that allow tractor trailers to complete turning maneuvers within their designated lanes.
(i)
No storage of garbage (other than is routinely produced on-site and awaiting regular collection) shall be permitted.
CC.
Winery/distillery.
(1)
The supplemental regulations contained in Subsection BB(2) through (17), below, shall only apply to wineries/distilleries located within the Rural Conservation, Rural, and Rural Village Zoning Districts. Wineries/distilleries located within the Light Industrial and General Industrial Zoning Districts shall be subject to the regulations applicable to restaurant, sit-down uses.
(2)
A winery/distillery shall only be authorized on agricultural land that is at least 10 acres in size or which is less than 10 acres in size but has an anticipated annual revenue of at least $10,000.
(3)
Any structure where products are sold and/or patrons visit shall be located a minimum distance of 300 feet from the nearest point of any dwelling unit not owned by the owner of the winery/distillery.
(4)
Parking lots, and structures where products are sold and/or patrons visit, shall be located a minimum distance of 99 feet from any real property boundary line, unless such real property boundary line is appurtenant to a parcel owned by the owner of the winery/distillery.
(5)
At least 50% of the products sold at the winery/distillery must be produced using agricultural commodities grown by the owner or operator of the winery/distillery. This limitation shall not apply in the event of crop failure due to reasons beyond the control of the owner of the winery/distillery.
(6)
All entertainment, live music, or similar activities must be located within a permanent, enclosed building. During any period in which entertainment, live music, or similar activities are occuring within such permanent enclosed building, all windows, doors, or other openings must remain closed (except for patron ingress and egress) so as to avoid noise from traveling beyond the interior of said building. The use of outdoor speakers is prohibited.
(7)
The owner of the winery/distillery, his or her immediate family members, or a person with managerial authority must be present on the property containing the winery/distillery at all times during events open to the public that include entertainment, live music, or similar activities, whether or not considered a special event. In the case where the owner of the winery/distillery is a corporation, limited-liability company, or other similar entity, a director, officer, owner, employee, or other person with managerial authority must be present on the property containing the winery/distillery at all times during events open to the public that include entertainment, live music, or similar activities, whether or not considered a special event.
(8)
Tents and/or temporary structures meant to accommodate groups of visitors beyond the maximum capacity of the permanent structures located on the property containing the winery/distillery are prohibited.
(9)
Adequate on-site parking area(s) shall be provided for patrons. Such parking area(s) shall be paved or otherwise coated or surfaced in compliance with the Zoning Ordinance. No parking by patrons shall be permitted on any public road or on parking areas which do not comply with this subsection (including, by way of example, grass fields).
(10)
In no case shall the winery/distillery generate noxious odors, noise, or glare affecting any neighboring property not owned by the owner of the winery/distillery beyond amounts that are typically generated by normal agricultural operations.
(11)
All entertainment, live music, or similar activities must end by 9:00 p.m.
(12)
Wineries/distilleries shall not operate in a manner that generates traffic or noise heard by neighbors between the hours of 10:00 p.m. and 10:00 a.m., excluding traffic or noise typically generated by normal agricultural operations.
(13)
Tasting rooms or areas where direct retail sales of wine, liquor, or other similar products may provide for the sale of other agricultural products, wine tasting, and instruction related to the wine making process. This may include service of snacks and food items involving minimal preparation such as cheeses, cured meats, nuts, fruits and vegetables, and does not include snacks or food items which require cooking, grilling, or frying.
(14)
Outside food prepared by a catering company or food truck shall be permitted during special events only and shall not be part of the winery/distillery's regular operation.
(15)
A winery/distillery may host a maximum of 12 special events per year.
(16)
All activities associated with the operation of the winery/distillery including special events shall comply with all applicable federal, state, and local laws, including but not limited to provisions of the Pennsylvania Liquor Code[6] and the regulations promulgated thereunder.
[6]
Editor's Note: See 47 P.S. § 1-101 et seq.
(17)
Adequate waste disposal containers shall be provided and shielded from view of neighboring properties.
§ 500-79 Signs.
In all districts, signs may be erected, altered, maintained, used, removed or moved only in compliance with the provisions of this section and any other regulations of the Township relating to the erection, alteration, maintenance, use, removal or moving of signs and similar devices.
A.
Maximum permitted sizes. In all districts, maximum permitted sizes of signs of each type shall be in accordance with the regulations contained in the following schedule, except name of farm or owner or decorative designs may be part of any building on a working farm describing that part of their agricultural or an animal husbandry business.
Signs | ||||
|---|---|---|---|---|
District | Home Occupation (square feet) | Identification of Business or Industrial Building or Use (square feet) | Real Estate "For Sale" or "For Rent" sign or Construction Sign (square feet) | Advertising Sign (square feet) |
R | 3 | 6 | 6 | Prohibited |
RC | 3 | 6 | 6 | Prohibited |
EP | 3 | 6 | 6 | Prohibited |
RV | 2 | 12 | 6 | Prohibited |
GC | 3 | 12* | 12 | Prohibited |
LI | 3 | 144* | 32 | 672 |
GI | 3 | 144* | 32 | 672 |
* | Except for each building wall or facade: two square feet aggregate area for each one-foot horizontal length of facade, but not to exceed an aggregate area of 120 square feet on any one facade, except as provided in § 500-79B(14). Not more than two building walls or facades shall be utilized per lot. |
B.
Supplemental sign regulations.
(1)
An identification sign of a home occupation on a resident's building shall be fixed flat on the main wall of such building and shall not project more than six inches or may be erected in the front yard. Such sign may be interior-lighted.
(2)
A sign not over six square feet in area, fixed to the main wall of a place of worship, parish house or similar clerical building, club, school, or public or semipublic building shall be permitted, or may be erected in the front yard. Such sign may be interior-lighted. Not more than two such signs shall be permitted on a lot.
(3)
Real estate "for sale" or "for rent" sign, or a construction sign, shall apply only to the property upon which it is placed. Not more than two such signs shall be permitted on any one property or premise. No permit is required.
(4)
No sign shall be erected, hung, attached or displayed until a written application has been made to the Zoning Officer and a permit has been issued.
(5)
Exemptions. These provisions shall not apply to signs six square feet or smaller for special purposes, such as, but not limited to, political, special events, directional or seasonal signs.
(6)
Number of signs and setback. Not more than two signs shall be permitted on any lot. No sign shall be located within 10 feet of the edge of a street cartway, except any sign 32 square feet or larger must be placed a minimum of 30 feet off the street cartway.
(7)
Projection. No sign shall project more than 12 inches from the building facade to which it is attached.
(8)
Height. No sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the wall. No sign erected directly upon the ground shall be more than eight feet in height in the residential districts and no more than 25 feet in height in the commercial districts, except an advertisement sign may not exceed 35 feet in height. The height is the vertical distance measured from the average ground level at the base of the supporting structure to the highest point of the sign and/or its supporting structure.
(9)
Clearance. No sign structure erected directly upon the ground shall have less than three feet of clear space between such sign and the ground, provided that necessary supports may extend through such open space.
(10)
Spacing. No sign structure erected directly upon the ground shall be within five feet of any other sign structure.
(11)
Relationship to street intersection. No sign shall be erected, attached, or displayed within 25 feet of the point of intersection of the street lines at a street corner.
(12)
Illumination. Signs may be interior-lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that no red, green or amber lights shall be permitted within 75 feet of the point of intersection of the street lines at a street corner. The following signs are prohibited: banners, spinners, flags, pennants or any moving object used for commercial advertising purposes, whether containing a message or not, and flashing, blinking, twinkling, animated or moving signs, not including signs that alternately display the time and temperature. All lights shall be shielded in such a manner that no detrimental light or glare will be created in the neighborhood.
(13)
Open lettered signs. In any Commercial District, when a business sign or signs consist of open lettering through which at least 2/3 of the circumscribing plane surface of building facade remains directly visible, such sign or signs, on each building facade, may have an aggregate area of six square feet for each one foot horizontal length of such facade, but shall not exceed an aggregate area of 150 square feet, a height of 15 feet or a width of 20 feet on any one facade.
(14)
Road marking signs. Signs marking street names, road or intersection conditions, or other similar uses shall not be subject to the preceding provisions of § 500-79.
(15)
Temporary sign. When date of specified public event, such as sale, show or contest is part of sign, one or two signs not exceeding a total surface area of 32 square feet may be erected 30 days prior to the event, in the front or side yard abutting street of lot where event will take place. Signs shall not conflict with § 500-70 and must be removed within 24 hours after the event.
(16)
Roadside stand directional sign. A sign which states only the name, direction and distance to a roadside stand not exceeding two square feet may be erected for a period not exceeding 90 days in one calendar year. No sign shall conflict with § 500-70. A permit is required for each sign.
(17)
Monument signs shall be permitted.
§ 500-80 Nonconforming uses and nonconforming buildings or structures.
A.
Unlawful uses not to be construed as nonconforming. An unlawful building or structure, or unlawful use of a building, structure, lot or land existing at the effective date of this chapter shall not be deemed to be a nonconforming building, structure or use.
B.
Continuation of nonconforming uses. Any lawful use which occupies any building or structure, lot or land at the effective date of this chapter or any amendment thereto, but does not comply with the permitted, accessory or special exception use regulations of the district in which it is situated after the effective date of this chapter or any amendment thereto, may be continued as a nonconforming use in the building or structure or upon the lot or land so occupied. All other uses are conforming uses.
C.
Restoration.
(1)
The Zoning Officer may require the Planning Commission to approve the site plan before issuing a permit if a building or structure used as a nonconforming use is damaged wholly or partially by fire, explosion, flood or other phenomenon, or legally condemned as not habitable. The structure may be reconstructed and used the same as before, provided that the floor area of such use and the building or structure area of lot area shall not exceed that which existed prior to the damage or condemnation and that reconstruction starts within six months and is completed within one year of damage or condemnation.
(2)
The Zoning Officer may require the Planning Commission to approve the site plan before issuing a permit to reconstruct, restore, repair, or structurally alter a nonconforming structure devoted to a conforming use, if partially or completely damaged or condemned, providing construction starts within six months and is completed within one year of damage or condemnation or the building area is not located within the street right-of-way.
D.
Extension.
(1)
For the purpose of this chapter, a nonconforming use or structure exists only upon the lot on which it is actively engaged, constructed or affixed, and is not part of adjacent lots even if the adjacent lots are in the same ownership.
(2)
A nonconforming structure may be enlarged provided the floor area and height of addition is not greater than the existing structure and the front and side yard distance to the lot line is not less than the existing structure and has a conforming use.
(3)
Extension of nonconforming structure shall not begin until plans showing the proposed extension, as well as all prior extensions of the nonconforming structure, have been presented to and approved by the Zoning Officer.
(4)
The total building or structure floor area used by a nonconforming use, or the total area covered by impervious surfaces of a nonconforming use, shall not be increased by greater than 50% beyond each such measurement that existed in such use at the time such use became nonconforming. The maximum increase shall be measured in aggregate over the entire life of the nonconformity.
E.
Change of use.
(1)
A nonconforming use may be changed to a conforming use or to another nonconforming use pursuant to § 500-92.
(2)
A nonconforming use of a building or land that has been changed to a more restricted classification shall not thereafter be changed to a use of a less restricted classification.
(3)
A nonconforming use shall not be extended to displace a conforming use.
F.
Termination. A nonconforming use shall be deemed to have been terminated and shall not thereafter be reinstated:
(1)
When it is changed to a conforming use.
(2)
When it has been voluntarily discontinued for a period of 12 consecutive months where such nonconforming use is in a building or structure designed for such use.
(3)
When it has been voluntarily discontinued for a period of six consecutive months where such nonconforming use is in a building or structure not designed for such use or is on a lot or land whereon there is no consequential building or structure devoted to such use.
G.
Repairs and maintenance. Normal maintenance and repairs of a building or other structure containing a nonconforming use is permitted, provided it does not extend the floor area occupied by the nonconforming use.
H.
Identification of nonconforming use or structure. The Zoning Officer may identify and register nonconforming uses, structures and lots in the Township of Weisenberg as an aid to the enforcement of this chapter. Failure by the Zoning Officer to identify and register a nonconforming use or structure is not to be construed as a recognition that a use, structure or lot is in conformance with this chapter.
