[Ord. 96-267, 5/2/1996; as amended by Ord. 97-284, § 6;
by Ord. 2005-362, 12/15/2005; by Ord. 2010-403, 10/7/2010; and by
Ord. 2012-431, 8/2/2012, § 1]
The Township is divided into the zoning districts hereunder
and shown by the zoning district boundary lines on the Township Zoning
District Map.
|
R-1
|
Rural Residential District
|
|
R-2
|
Single-Family Residential District
|
|
R-3
|
Multifamily Residential District
|
|
C-1
|
Convenience Commercial District
|
|
C-2
|
Highway Commercial District
|
|
C-3
|
Regional Commercial District
|
|
SU-1
|
Special Use District
|
|
SP-1
|
Special Growth District
|
|
BPK
|
Business Park District
|
|
I-L
|
Light Industrial District
|
|
PIC
|
Planned Industrial/commercial District
|
|
TLI
|
Transitional Light Industrial
|
|
MU
|
Mixed Use
|
|
RMU
|
Mixed Residential Use District
|
[Ord. 96-267, 5/2/1996; as amended by Ord. 2005-357, 2/3/2005,
§ 2; and by Ord. 2012-425, 1/3/2012, § 2]
[Ord. 96-267, 5/2/1996]
The boundaries of the zoning districts are shown upon the Zoning
District Map. The Township Zoning District Map and all the notations,
references and other information shown thereon are a part of this
chapter and have the same force and effect as if they were all fully
set forth or described herein. The original, properly attested Zoning
District Map shall be available for examination at the Township Office
and shall be reviewed annually and amended as deemed necessary by
the Supervisors.
[1]
Editor's Note: The Zoning District Map is on file in the Township
offices.
[Ord. 96-267, 5/2/1996]
The district boundaries on the Township Zoning District Map
are intended to follow property lines; center lines of roads, water
courses, or railroads; other identifiable physical features; or measured
distances from property lines, center lines, or identifiable physical
features. When the Zoning Officer cannot determine the location of
a zoning district boundary by reference to the Zoning District Map,
the Zoning Officer shall refuse action; and the Board shall interpret
the location of the district boundary with reference to the scale
of the Map, the Community Development Plan and the purposes set forth
in all relevant provisions of this chapter.
[Ord. 96-267, 5/2/1996]
The provisions of this part apply to all zoning districts and
all lots. Except when stated, all provisions of this part apply to
all uses.
[Ord. 96-267, 5/2/1996]
Accessory structures, residential driveways, sidewalks, patios
are permitted in yards in accordance with the yard requirements of
this chapter.
[Ord. 96-267, 5/2/1996]
Where a zoning district boundary splits a lot, resulting in
differing and nonuniform requirements for the lot, the following provisions
shall apply:
A.
Where the lot is large enough to be subdivided into two or more lots,
each within a single zoning district, no zoning approval will be given
for any authorized use which would utilize any portion of the lot
other than that portion of the lot in which the principal use is located.
Further development will require subdivision.
B.
Where a lot cannot be subdivided in compliance with this chapter and the Subdivision and Land Development Ordinance [Chapter 22], the authorized use permitted on the lot is limited to those authorized uses permitted in the zoning district in which the largest part of the lot is located, and the smaller part of the lot located in another zoning district will be subject to the provisions of this chapter where the largest portion of the lot is located. If this section creates an undue hardship, the Board has jurisdiction to grant such relief as the Board deems necessary.
[Ord. 96-267, 5/2/1996]
The maximum percentage of lot area or site area of a development
which may be disturbed, graded, and stripped of vegetation during
development and construction of the public and private improvements
with the exception of incidental grading for structure construction
is as follows:
A.
Residential Subdivision or Planned Residential Development.
(1)
If the slope category is 15% to 24.9% slope, 30% of the lot
area or site area.
(2)
If the slope category is greater than 25% slope, 15% of the
lot area or site area.
(3)
This restriction shall not apply if disturbance is for nonresidential
developments in planned residential developments or single-family
lot areas, but the restrictions shall apply to general development
site areas for residential uses, i.e., streets, stormwater retention
areas, utilities, etc.
B.
Nonresidential Development. If the slope category is greater than
40% slope 15% of the lot area or site area.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2005-362, 12/15/2005]
1.
On Any Site of a Nonresidential Use. No impervious surfaces, including
asphalt or concrete paved areas for parking, access driveways, pedestrian
access walkways and rock-lined stormwater detention facilities, shall
exceed 70% of the lot area or site area of the lot or parcel upon
which said improvements are installed. Wherever there are conflicting
standards in any specific zoning district requirements or express
standards and criteria for uses allowed by conditional use approval,
the zoning district or conditional use standards shall apply.
2.
Increased Impervious Surface Option. In any zoning district, if 50%
or more of the development site's linear frontage along a public street
is occupied by a front or side building facade on the required building
setback line, the maximum impervious surface permitted may be increased
by 10%.
[Amended by Ord. 2006-366, 3/2/2006, § 2]
A.
The maximum permitted increase in impervious surface is 10%, even
if a site has frontage along more than one public street.
[1]
Editor's Note: Former § 27-310, Nonresidential Development
Setback (Ord. 96-267), as amended by Ord. 99-293 and by Ord. 2001-317,
was repealed by Ord. 2006-371, 5/4/2006, § 1.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2001-317, 9/6/2001,
§ 2]
1.
All electrical, telephone, cable television, and other communication system service laterals on a lot or site shall be installed underground from the distribution line to a structure unless the distribution line is aboveground or the area is subject to the provisions of Chapter 8.
[Amended by Ord. No. 2018-485, 11/1/2018]
2.
All utility equipment shall be located in compliance with the required
yard setbacks for the district in which it is located.
[Ord. 96-267, 5/2/1996; as amended by Ord. 97-278, 6/5/1997,
§§ 4, 18; by Ord. 98-288, 3/26/1998, §§ 3,
4; by Ord. 2001-311, 3/1/2001, § 2; by Ord. 2003-343, 7/1/2003,
§ 2; and by Ord. 2005-362, 12/15/2005]
1.
All buildings and structures erected and all uses of land established
after the adoption of this chapter shall be provided with off-street
parking spaces as set forth in this chapter.
2.
The provisions of this section, except where there is a change of
use, shall not apply to any existing building or structure.
3.
Whenever a building or structure constructed before the effective
date of this section is changed or enlarged, in floor area, number
of employees, number of housing units, seating capacity or otherwise
to create a need for an increase in the number of parking spaces,
additional parking spaces shall be provided on the basis of the enlargement
or change. If a building or structure existing prior to the effective
date of this section is enlarged to the extent of 50% or more in floor
area or number of housing units it shall then and thereafter comply
with the full parking requirements set forth herein.
4.
Off-street parking facilities in existence on the effective date
of this section and located on the same lot as the building or use
served shall not hereafter be reduced below the requirements for a
similar new building or use under the provisions of this section.
5.
The following regulations shall govern the location of off-street
parking spaces and areas:
A.
Parking spaces for all detached residential uses shall be located
on the same lot as the use which they are intended to serve. Each
required off-street parking space shall have direct access to a public
right-of-way.
B.
Parking spaces for apartments, dormitories or similar residential
uses shall be located not more than 300 feet from the principal use.
C.
No parking space shall be located in any manner on a public street
right-of-way, except where specifically authorized.
6.
A parking space shall have minimum rectangular dimensions of not
less than nine feet in width and 18 feet in length, exclusive of driveways,
aisles, and other circulation areas.
[Amended by Ord. No. 2010-403, 10/7/2010]
7.
Driveways and traffic aisles serving individual parking spaces shall
be not less than 22 feet wide for ninety-degree parking, 12 feet wide
for parallel parking, 17 1/2 feet for sixty-degree parking and
13 feet for forty-five-degree parking. If parking spaces are indicated
by lines with angles other than 90°, then traffic lanes shall
be restricted to one-way, permitting head-in parking. No driveway
or street used for interior circulation shall have traffic lanes less
than 11 feet in width.
8.
Parking Lot Layout.[1]
A.
Sidewalks. In all parking lots, sidewalks shall be provided to allow
safe pedestrian movement.
(1)
The sidewalks shall provide safe access between buildings, parking
lots, adjacent properties, and sidewalks along streets.
(2)
Crosswalks. Where a sidewalk crosses a parking lot drive aisle
or other paved surface, it must be distinguished from the paved surface
through the use of special pavers, bricks, scored concreted, stamped
concrete, or a like alternative.
(3)
Width. Sidewalks and crosswalks shall be a minimum of six feet
wide.
(4)
Sidewalks shall be provided along the full length of a building
along any building facade adjacent to a parking area or drive aisle.
(5)
Sidewalks shall be constructed in accordance with the standards of Public and Private Improvements Code [Chapter 17].
(6)
Sidewalks internal to a parking lot may be constructed perpendicular to the parking bays, as illustrated in Drawing Z-3 found in 27 Attachment 9, or may be located within a planting median, as described in the Subdivision and Land Development Ordinance [Chapter 22].
[Amended by Ord. 2012-431, 8/2/2012]
(7)
Sidewalks that are perpendicular and directly adjacent to parking
spaces shall have parking blocks installed that reduce vehicle overhang
onto sidewalks.
[Added by Ord. No. 2018-480, 3/1/2018]
B.
Internal Streets. All off-street developments with greater than 200 parking spaces shall include an internal street system to facilitate pedestrian and vehicular circulation, creating an interconnected circulation network. The internal street shall be constructed in accordance with the Public and Private Improvements Code [Chapter 17].
[Amended by Ord. 2006-371, 5/4/2006, § 2]
(1)
Where an internal street is adjacent to a front building facade,
the required street trees shall be located within tree grates, separated
from the building by the required sidewalk.
(2)
Internal streets shall be designed to stub into adjacent properties,
where practical, within the necessary easements as described by the
interconnected parking requirements of this Section.
[Added by Ord. 2006-369, 4/5/2006, § 1]
C.
Large Lots. When a parking lot includes more than 200 parking spaces, the lot shall be broken into parking areas of no more than 100 vehicles. The parking areas shall be bounded by a street, building, planting median (as described in the Subdivision and Land Development Ordinance, [Chapter 22]) or internal street.
E.
Interconnected Parking. Parking areas shall be designed to allow
for logical interconnections to abutting properties. All parking areas
located within 50 feet of a common property line in a nonresidential
zoning district shall be interconnected to adjacent lots in a nonresidential
zoning district, consistent with the following requirements:
(1)
For each nonresidential use, the applicant must provide an access
easement for proposed parking areas and driveways guaranteeing access
to all abutting lots that are within a nonresidential zoning district
where such easements enhance traffic circulation and connectivity.
In addition, this easement shall provide for the construction of the
interconnection between the development's proposed parking area
and any parking area on adjacent lots.
(2)
When an access easement has been provided on an adjacent lot
in accordance with this section, the development must directly connect
the parking areas via a driveway or street.
[Amended by Ord. 2006-366, 3/2/2006, § 3]
(3)
Access easements shall logically connect to internal streets,
where practicable.
(4)
Access easements and maintenance agreements or other suitable
legal mechanism shall be provided for common parking areas or driveways
of each nonresidential use, in a form acceptable to the Township.
[1]
Editor's Note: Drawing Z-3, Parking Lot Layout Examples, is
included as an attachment to this chapter.
9.
Common Shared Parking Lots. Common shared parking lots are preferred
and encouraged. The required off-street parking spaces for two or
more uses may be provided collectively on one lot if the total number
of spaces is not less than the sum of the spaces required for each
use individually.
A.
The developer shall provide a reciprocal parking and access easement
agreement between the owners and operators of the facilities generating
the need for common shared parking lots.
B.
Any modification to the required number of parking spaces shall be
supported by a parking needs analysis documenting anticipated parking
needs based on the combined utilization of all facilities on site
simultaneously or demonstrating that the hours or days of peak parking
needed for the uses are so different that a lower total will adequately
provide for all uses served by the facility. The parking needs analysis
shall be prepared by a person or firm trained or certified to perform
such studies.
10.
The required off-street parking spaces for any number of separate
buildings, structures or uses may be provided collectively on one
lot, provided that the total number of such spaces shall not be less
than the sum of the requirements for the various individual buildings,
structures or uses computed separately in accordance with this section.
On development sites where a combination of large-scale assembly uses
requiring parking for 2,000 vehicles or more, including at least one
commercial recreation use, are permitted, parking requirements may
be met for each use through a reciprocal parking and access easement
agreement between the owners and operators of the facilities generating
the need for such parking. In such cases, at the Supervisors'
discretion, each facility shall provide on site a minimum of 50% of
the required number of off street parking spaces determined at peak
utilization for each use. A parking needs analysis shall be submitted
to the Township which documents anticipated parking needs based on
the combined utilization of all facilities on site simultaneously.
Said analysis shall be prepared by a person or firm trained or certified
to perform such studies.
11.
When two or more uses are located within the same building or structure,
off-street parking spaces equal in number to the sum of the separate
requirements for each use shall be provided.
12.
All off-street parking lots required by this section shall be used
only for the parking of vehicles of occupants, patrons, visitors,
or employees and shall not be used for any kind of loading, sales,
servicing or continuous storage of a vehicle for more than 48 hours.
13.
Every parcel of land hereafter used as a public or private off-street
parking lot capable of accommodating five or more vehicles shall be
developed and maintained in accordance with the following requirements:
A.
Each off-street parking space shall have direct access to an aisle
or driveway, and all off-street parking lots shall have vehicular
access to a street so designed to minimize interference with pedestrian
and traffic movement.
B.
All off-street parking lots including loading areas and service areas,
shall be paved with asphalt or concrete.
(1)
All off-street parking lots, including loading areas, service areas,
and driveways, shall be curbed. All curbing shall be six-inch vertical
concrete curbing constructed in accordance with the standards of the
Public and Private Improvements Code (PPIC).
[Added by Ord. 2010-403, 10/7/2010]
14.
For the purpose of this section, the following minimum off-street
parking space requirements shall apply:
[Amended by Ord. 2006-366, 3/2/2006, § 3; by Ord.
2010-403, 10/7/2010; and by Ord. 2011-411, 3/3/2011, § 2;
and by and by Ord. 2014-448, 10/2/2014]
|
Off-Street Parking Requirements
| |
|---|---|
|
Type of Use
|
Minimum Off-Street Parking Requirements
|
|
Agricultural Uses
| |
|
Agricultural activities
|
None except 1 per 200 square feet of gross leasable area of
building used for sale of products produced on the premises
|
|
Cemetery/crematorium
|
1 per full-time employee and 0.25 per seat of chapel or assembly
room capacity
|
|
Farm equipment sales, rental and service: agricultural sales
and service
|
1 per each 300 square feet of gross floor area, plus 1 per each
5,000 square feet of outdoor display area
|
|
Logging
|
None
|
|
Riding academy
|
1 per each 2 horse stalls
|
|
Residential Uses
| |
|
Continuing care facility
|
1 per dwelling unit, plus 1 per 2 staff positions
|
|
Group home
|
1 per 4 beds, plus 1 per staff position on peak shift
|
|
Intermediate-care facility, personal-care home, and skilled
nursing facility
|
1 per 4 beds, plus 1 per 2 staff positions on peak shift
|
|
Multiple-family dwelling
|
1.75 per dwelling unit having 2 bedrooms or less; 2 per dwelling
unit having more than 2 bedrooms
|
|
All other residential uses
|
2 per dwelling unit
|
|
Nonresidential Uses
| |
|
Amusement arcade
|
1 per 200 square feet of GLA, plus 1 per each 2 amusement devices
|
|
Amusement park
|
1 per 200 square feet of GFA plus 1 per every 3 persons that
the outdoor facilities are designed to accommodate when used to maximum
capacity
|
|
Arena
|
1 per each 3.5 seats plus 1 per each 2 employees on peak shift
|
|
Assembly halls
|
1 per each 3 seats
|
|
Automotive repair
|
3 per repair bay, not to exceed 5 per repair bay
|
|
Automotive fueling stations
|
6 for customers, plus 1 per each employee
|
|
Bed-and-breakfast
|
1 per guest room plus 2
|
|
Bowling alleys
|
4 per each bowling lane
|
|
Bulk fuel storage
|
1 per employee on peak shift plus
|
|
Clubs, bars and taverns
|
1 per each 100 square feet of GFA
|
|
Commercial and private recreation; indoor recreation and instructional
facilities
[Amended by Ord. 2013-438, 9/5/2013] |
1 for each 2 potential customers calculated at maximum utilization,
plus 1 per employee
|
|
Community center
|
1 per 250 square feet of GFA
|
|
Contractor's yard
|
1 per 1,000 square feet of GFA and outdoor storage area
|
|
Convention and/or exposition center
|
1 per each 3.5 seats in areas with fixed seating plus 1 per
each 100 square feet of assembly or display space without fixed seats
plus 1 per each 2 employees on peak shift
|
|
Day-care center
|
1 per teacher, administrator or other employee on peak shift,
plus 1 per 6 persons based on regulated capacity
|
|
Drive-in establishment unless otherwise provided
|
1 per employee on peak shift plus 8 reservoir stacking spaces
for the first drive-in window and 5 reservoir stacking spaces for
each additional window
|
|
Dry-cleaning plant serving more than 1 outlet
|
3 plus 1 for each 500 square feet of GFA in excess of 1,000
square feet of GFA
|
|
Education institutions - nursery school, elementary school,
junior high, or middle school
|
3 per room used for administrative offices or class instruction,
or 1 for each 4 seats in places of assembly or facilities available
to the public, whichever is greater
|
|
Educational institutions - high school
|
3 per room used for administrative offices or class instruction,
plus 1 for each 4 students, or 1 for each 4 seats in places of assembly
available to the public, whichever is greater
|
|
Education institutions - dance or martial arts school
|
1 per 200 square feet of GLA
|
|
Educational institution - trade school, college or university
|
1 per each 4 students based on design capacity of building
|
|
Emergency services, private
|
1 per emergency vehicle plus 1 per employee
|
|
Financial institution, including drive-in banks
|
1 per each 200 square feet of GFA, plus 5 reservoir spaces per
drive-up teller window
|
|
Fuel generation plant
|
1 per employee on peak shift but not less than 4
|
|
Greenhouses, retail
|
1.5 per each 1,000 square feet of GFA
|
|
Golf course
|
4 per green, plus 50% of the requirements for any other associated
use except those which have otherwise adequate provisions for parking,
as determined by the Supervisors
|
|
Heavy equipment sales, rental, and service
|
1 per each 400 square feet of GFA of sales and office space,
plus 1 per each 1,000 square feet of storage and warehouse space,
plus 1 per each 5,000 square feet of outdoor equipment storage and
display area
|
|
Hospitals, medical centers and other treatment facilities
|
1.75 per each bed, plus 1 per each 175 square feet of office,
clinic, and research space, plus 1 per each 4 seats for teaching facilities
|
|
Kennel
|
1 per each 400 square feet of GFA, but not less than 4
|
|
Large retail, small retail, shopping centers
|
Less than 50,000 square feet: minimum 5 spaces per 1,000 square
feet of GFA; between 50,000 and 300,000 square feet: minimum 4.5 spaces
per 1,000 square feet GFA; more than 300,000 square feet: minimum
4 spaces per 1,000 square feet GFA
In addition; outdoor/exterior display areas shall be calculated
at 1 per 400 square feet GFA of display area
|
|
Libraries, art galleries and museums
|
1 per each 600 square feet open to the public
|
|
Machine and repair shop for common small appliances
|
1 per 400 square feet of GFA
|
|
Manufacturing, light and other light industry
|
1 per each 1,000 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Manufacturing, heavy and other heavy industry
|
1 per each 1,250 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Mini-warehouse
|
1 per 100 storage units plus 3 for management staff. These spaces
shall be in addition to the required parking lane.
|
|
Mortuary
|
1 per 6 chapel or parlor seats
|
|
Motel, hotel, transient mobile home camps, and camping facility
|
1 per each sleeping room or campsite, plus additional spaces
as required by other functions, i.e., bar, restaurant, etc.
|
|
Nightclub
|
1 per 65 square feet of GFA
|
|
An office for such businesses as insurance, utilities, stenographic
service, employment service, real estate, post office, and sales as
those by a manufacturer’s representative
|
1 per each 350 square feet of GFA
|
|
An office of a professional such as legal, medical, dental,
engineering and surveying, architectural and stock brokerage firms,
securities and investment firms
|
1 per each 175 square feet of GFA
|
|
Photographic studios, business or personal
|
1 per each 300 square feet of GFA
|
|
Printing and publishing
|
1 per each 1,000 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Public recreation and municipal buildings
|
As determined by the Supervisors following a parking needs analysis
|
|
Public utility facilities
|
1 per each 350 square of GFA of office use and 1 per each 1,000
square feet of GFA per other use
|
|
Radio or television broadcasting studio and recording studio
|
1 per each 400 square feet of GFA
|
|
Recycling collection facility, large and small
|
Sufficient spaces to accommodate peak load of customers and
1 per commercial vehicle operated by the facility
|
|
Religious establishment
|
Sufficient spaces to accommodate peak load based on a parking
needs analysis, but not less than 1 per each 3.5 seats in places of
assembly
|
|
Research and development, which contains no manufacturing, assembly,
warehousing, testing, storage and transfer
|
1 per 350 square feet of GFA
|
|
Research and development, which contains manufacturing, assembly,
warehousing, testing, storage, and transfer
|
1.1 per employee on peak shift
|
|
Restaurants, drive-thru
|
1 per each 75 square feet of GFA, plus 1 per each 2 employees
|
|
Restaurants, other than drive-thru
|
1 per 65 square feet of GFA
|
|
Retail, including, bakery sales, low-intensity limited neighborhood
commercial, limited neighborhood commercial, laundromat and dry-cleaning
facility (for individual use), personal services, and sport sales
and services
|
1 per each 200 square feet of GFA
|
|
Showroom/warehouse sales, carpet, furniture, building supplies
|
1 per each 400 square feet of sales and office space, plus 1
per each 1,000 square feet of storage and warehouse space
|
|
Solid waste disposal site/incinerator
|
As determined by the Supervisors based on a parking needs analysis
|
|
Transportation service
|
1 per employee on peak shift plus 1 per each service vehicle
stored on the site
|
|
Trucking terminals, freight terminals, and truck dispatch offices
|
1 per each 1,000 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Vehicle sales, rental, and service
|
1 per each 700 square feet of GFA, plus 1 per each 400 square
feet of office, sales, and other space to be used by customers and
sales staff
|
|
Vehicle washing facilities
|
1 per each employee, plus reservoir space for 6 times each bay
|
|
Veterinary
|
1 per each 250 square feet of GFA
|
|
Warehousing, storage, and transfer
|
1 per each 1,000 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Waste transfer facilities
|
As determined by the Supervisors based on a parking needs analysis
|
|
Wireless communications facility located outside the right-of-way
|
2 per tower or 1 space per employee, whichever is greater
|
15.
Accessible Parking Requirements. Accessible parking spaces for the
physically challenged shall be provided for multiple-family and nonresidential
uses as follows:
A.
Minimum Number of Spaces.
(1)
The minimum number of required accessible parking spaces shall
be as follows:
|
Total Parking Spaces in Lot
|
Minimum Accessible Spaces
|
|---|---|
|
1-25
|
1
|
|
26-50
|
2
|
|
51-75
|
3
|
|
76-100
|
4
|
|
101-150
|
5
|
|
151-200
|
6
|
|
201-300
|
7
|
|
301-400
|
8
|
|
401-500
|
9
|
|
501-1,000
|
2% of total
|
|
Over 1,000
|
20, plus 1 per 100 over 1,000
|
(2)
A minimum of 25% of the required accessible parking spaces shall
be van accessible. The minimum number of van accessible parking spaces
shall be one.
B.
Design. Design of accessible spaces shall be completed in accordance
with the Americans with Disabilities Act Architectural Guidelines
and include the following:
(1)
Accessible parking spaces serving a particular building shall
be located on the shortest accessible route of travel from adjacent
parking to an accessible structure. In parking facilities not serving
a particular structure, accessible parking shall be located on the
shortest accessible route of travel to an accessible pedestrian entrance
of the parking facility.
(2)
Accessible parking spaces shall be at least eight feet wide.
(3)
One parking access aisle of no less than five feet in width
shall be provided for each accessible parking space and shall be a
part of the accessible route of no less than three feet in width to
the building or facility entrance. A parking access aisle may be shared
between two accessible parking spaces. Access aisles shall be clearly
designated and identifiable by line painting, curbing, and other similar
means.
(4)
Van accessible parking spaces shall be at least eight feet wide
with an access aisle of no less than eight feet in width.
(5)
Parking spaces and access aisles shall be level, with surface
slopes not exceeding 2% in all directions.
(6)
Accessible parking spaces shall be designated as reserved by
a sign showing the symbol of accessibility. Such signs shall be located
so as not to be obscured by a vehicle parked in the space.
16.
Parking Structure Standards.
A.
Maximum grade of parking floors: 6%.
B.
Maximum grade of ramps: covered, 15%; uncovered, 12%.
C.
Minimum elevators on multilevel facilities: one for each 250 parking
spaces.
D.
Number and location of ingress/egress lanes: to be determined by
the Supervisors based upon a traffic analysis.
E.
Minimum ramp and aisle width and other design requirements: Same
as for other parking lots.
[Ord. 96-267, 5/2/1996]
The sound pressure level of sound radiated from an establishment,
measured at the lot line of the site thereof, shall not exceed the
values in any octave band of frequency that are specified in Table
1 or in Table 1 as modified by the correction factors set forth in
Table 2. The sound pressure level shall be measured with a sound level
meter and an associated octave band analyzer conforming to standards
prescribed by the American Standards Association.
|
Table 1
Maximum Permissible Sound Pressure Levels
Measured re 0.0002 dyne per CM2
| |
|---|---|
|
Frequency Band: Cycles per Second
|
Decibels
|
|
20-75
|
74
|
|
75-150
|
62
|
|
150-300
|
57
|
|
300-600
|
51
|
|
600-1,200
|
47
|
|
1,200-2,400
|
42
|
|
2,488-4,800
|
38
|
|
4,800-10,000
|
35
|
|
Table 2
Correction Factors
| |
|---|---|
|
Condition
|
Correction in Decibels
|
|
On a site contiguous to or across a street from the boundary
of any R District
|
Minus 5
|
|
Operation between the hours of 10:00 p.m. and 7:00 a.m.
|
Minus 5
|
|
Sound of impulsive character (e.g., hammering)
|
Minus 5
|
|
Sound of periodic character (e.g., hum or screech)
|
Minus 5
|
|
Sound source operated less than 20% in any 1-hour period
|
Plus 5*
|
|
Sound source operated less than 5% in any 1-hour period
|
Plus 10*
|
|
Sound source operated less than 1% in any 1-hour period
|
Plus 15*
|
|
* Note: Apply only one of these corrections.
|
[Ord. 96-267, 5/2/1996]
1.
Vibration. No vibration at any time shall produce an acceleration
of more than 1/10 g or shall result in any combination of amplitudes
and frequencies on any structure beyond the safe range of Table 7,
United States Bureau of Mines Bulletin No. 442, entitled "Seismic
Effects of Quarry Blasting." The methods and equations of said Bulletin
No. 442 shall be used to compute all values for the enforcement of
this subsection.
2.
Glare. There shall be no direct or sky-reflected glare, whether from
floodlights or from high-temperature processes (for example, combustion
or welding), so as to be visible from within any R District.
[Ord. 96-267, 5/2/1996]
All traffic circulation including ingress and egress to any
use shall comply with the Official Map. No zoning approval shall be
issued nor conditional use nor use by special exception be approved
for any traffic circulation which does not comply with the Official
Map or for any building within the lines of any street, watercourse
or public ground shown or laid out on the Official Map except as follows:
B.
The Supervisors have failed to acquire the property or begin condemnation
proceedings to acquire the property before the end of one year after
the owner of the property has submitted a written notice to the Supervisors
announcing his intentions to build, subdivide or otherwise develop
the land covered by the reservation, or has made formal application
for an official approval to build a structure for private use.
[Ord. 96-267, 5/2/1996]
No applicant shall permit on the permitted premises any activity
or conduct in violation of any municipal, state, or federal laws or
duly enacted ordinances or regulations.
[Ord. 96-267, 5/2/1996; as amended by Ord. 99-293, 4/1/1999,
§ 10; by Ord. 99-300, 11/23/1999, §§ 2, 3;
by Ord. 2001-317, 9/6/2001, § 4; by Ord. 2004-351, 6/3/2004,
§ 3; and by Ord. 2005-362, 12/15/2005]
1.
General Provisions.
A.
All required landscaping shall be maintained. Dead and dying plants
shall be replaced no later than the subsequent planting season.
B.
All areas of a lot not covered by building or impervious material
shall be maintained as landscaped or natural areas.
C.
All deciduous trees required by this chapter shall be a minimum of
two-and-one-half-inch caliper in size (measured at six inches above
ground level), unless specified otherwise.
[Amended Ord. 2006-366, 3/2/2006, § 4]
D.
All evergreen trees required by this chapter shall be a minimum of
six feet in planted height, measured from finished grade, unless specified
otherwise.
E.
All shrubs required by this chapter shall be a minimum of 24 inches
in height at installation.
2.
Public Streets No-Pave Setback.
[Amended by Ord. 2006-366, 3/2/2006, § 4; and by
Ord. 2012-431, 8/2/2012, § 3]
A.
Twenty-Five-Foot No-Pave Setback. Multiple-family and nonresidential off-street parking along public streets shall not be located within 25 feet of the adjoining road right-of-way, except as may be modified in § 27-506, Community Character Development (CCD) Overlay Districts.
(1)
No portion of the twenty-five-foot setback shall be paved for any reason except for access drives and internal streets that are perpendicular to the setback area, sidewalks, bikeways, and Streetscape Enhancement Overlay amenities as required by § 27-324 and the Streetscape Enhancement Overlay Design Manual, Exhibit A.[1] See attachments Z-12 through Z-15 in this chapter for
more detail.
[1]
Editor’s Note: Exhibit A, General Manual of Written
and Graphic Design Guidelines – Streetscape Enhancement Overlay
District, is included in the on-line version of the Code of Ordinances
of the Township of Cranberry (eCode360®). Exhibit A is also on
file in the Township offices.
B.
Landscaping.
The no-pave setback shall be planted with a minimum of one deciduous
canopy tree and three shrubs or two ornamental trees and three shrubs
per 30 linear feet of setback area. See Drawings Z-13 and Z-15 found
in 27 Attachment 9.
C.
Spacing.
Spacing of the required trees within the no-pave setback may be soldier-type
spacing (one tree every 30 feet, on center, in a row) or clustered
spacing (one tree for each 30 feet, spaced irregularly or in groups).
D.
No-pave
setback plantings are not required wherever the Streetscape Enhancement
Overlay applies and a building or parking lot is proposed 35 feet
or less from the public street right-of-way. See Drawings Z-12 and
Z-14 in 27 Attachment 9.
3.
Site Perimeter Buffer.
A.
A minimum ten-foot wide perimeter landscaping buffer shall be provided
around the perimeter of a site, except along streets. No portion of
the buffer shall be paved except for access drives, internal streets,
and sidewalks that are perpendicular to the buffer area to access
the site or connect to adjacent developments.
B.
Landscaping. The site perimeter buffer shall include one deciduous
canopy tree and three shrubs or two evergreen trees and three shrubs,
per 30 feet.
C.
Existing Vegetation. Where mature existing woody vegetation sufficient
to serve as a visual screen occurs along the perimeter and no development
is proposed within 50 feet of the lot line, a fifteen-foot preservation
strip may be substituted, in lieu of the site perimeter buffer plantings.
D.
The requirements of this section (Site Perimeter Buffer) are not
superseded by the landscaped berm setback requirements of this chapter.
E.
Exception. The site perimeter buffer is not required where the development
of two or more adjoining lots is being master planned together and
the property line to be buffered falls within a logical location for
a parking lot, drive aisle, or other paved area.[2]
[2]
Editor's Note: Former Subsection 3E(1), which immediately
followed and required the planting of trees and shrubs in another
location within the site boundaries, was repealed by Ord. 2006-366,
3/2/2006 § 4.
4.
Nonresidential Buffer and Development Setback.
[Amended by Ord. 2006-366, 3/2/2006, § 4]
A.
All development
of nonresidential zoning districts that are contiguous, abutting,
or adjacent to any residential zoned property shall maintain a fifty-foot
nondisturbance development setback from the lot line abutting any
residential zoning district. The fifty-foot development setback area
shall not be cleared of vegetation or graded, except that vegetation
may be disturbed to the extent that additional landscaping within
the nondisturbance setback will enhance the buffer area.
B.
(Reserved)
C.
The setback
area shall provide an adequate buffer to visually screen the proposed
nonresidential use from off-site view. The nonresidential buffer shall
be planted with the following plants for every 100 linear feet of
lot line to be buffered. The plantings shall be planted in staggered
rows to provide an effective visual screen.
D.
Existing
Conditions. Existing topographic conditions, such as embankments,
berms, or existing vegetation, may be substituted for part or all
of the required buffer, at the discretion of the Township. The minimum
visual effect shall be equal to or exceed that of the required screening
buffer vegetation.
E.
The provisions
of this section (nonresidential buffer), when required, supersede
the site perimeter buffer requirements of this chapter.
F.
The provisions
of this section (nonresidential buffer) are not superseded by the
landscaped berm setback requirements of this chapter.
5.
Landscaped Berm Setback.
A.
Where parking, interior drive aisles, loading areas, building service
entrances, trash enclosures, or loading docks in a nonresidential
zoning district adjoin residential zoning districts, they shall be
set back a minimum of 100 feet from the lot line adjoining the residential
zoning district.
B.
Berm. The one-hundred-foot setback shall include an elevated earth
berm that is a minimum of five feet higher than the finished elevation
of the area to be screened. The berm must have a crown width of at
least three feet and may not have a slope steeper than a 3:1 ratio.
C.
Landscaping. The landscaped berm shall provide an effective planting
screen with a minimum of one deciduous canopy tree and one evergreen
tree per 10 linear feet of earthen berm or two evergreen trees per
10 linear feet of earthen berm.
(1)
A minimum of 75% of the plantings shall be on both sides of
the berm and crown area.
D.
The requirements of this section (landscaped berm setback) do not
supersede the nonresidential buffer and site perimeter buffer requirements
of this chapter.
E.
Sliding Scale Options – Landscaped Berm Setback.
(1)
The sliding scale options, illustrated in Attachment 9, Drawing
Z-4, may be used only in the Convenience Commercial (C-1) and Highway
Commercial (C-2) Zoning Districts.
[Amended by Ord. 2006-366, 3/2/2006; and by Ord. 2013-438,
9/5/2013]
(2)
Use of a sliding scale option where the nonresidential development
is a conditional use shall be permitted only upon a showing of how
the proposed use will impact the adjacent site and how that impact
will be mitigated through the implementation of a sliding scale option.
(a)
Use of the sliding scale will be approved only upon a showing
that the proposed buffer is a more efficient, attractive, and harmonious
design solution.
[Ord. 96-267, 5/2/1996; as amended by Ord. 97-284, § 7;
by Ord. 98-288, 3/26/1998, § 5; by Ord. 99-293, 4/1/1999,
§ 10; by Ord. 99-300, 11/23/1999, § 4; by Ord.
2006-366, 3/2/2006; by Ord. 2010-403, 10/7/2010; by Ord. 2013-438,
9/5/2013; and by Ord. 2017-471, 6/29/2017]
1.
The following lighting components are herein regulated: streetlights
for private and public streets, parking lot, building-mounted, pedestrian-oriented
and architectural lights.
2.
All exterior parking lots, driveways, interior streets, pedestrian
areas, sidewalks and loading areas shall be sufficiently illuminated
to provide safe movement on the site.
3.
Conditions Under Which Light Fixtures Are Regulated.
A.
Streetlighting.
(1)
Private Streets.
(a)
Private street lighting shall be designed as context-sensitive
"lantern-style" fixtures when required by the Streetscape Enhancement
Ordinance, Community Character Districts (CCD) Ordinance or the Planned
Residential District Ordinance and shall have fixtures where the source
of illumination is a top-down diode that is concealed within the housing
of the light fixture. Refer to the Design Guidelines in Exhibit A
or B as specified.
(b)
Private street light fixtures that are not required to be context-sensitive may be installed as listed in Subsection 3A(1)(a) above; however, all other types of light fixtures shall be equipped with lenses that are flat and installed parallel to the ground.
(c)
Streetlights shall be installed and maintained at an average
interval of 105 feet along arterial roads and at an average interval
of 90 feet along all other roads.
(d)
Streetlights installed integral with sidewalks shall be installed
flush with the paved surface.
(2)
Public Streets. (None of the requirements herein regulate any
poles, fixtures or lights that are directly associated with signalized
intersections.)
(a)
Public streetlighting shall be designed as context-sensitive
"lantern-style" fixtures when required by the Streetscape Enhancement
Ordinance, Community Character Districts (CCD) Ordinance or the Planned
Residential Development Ordinance and shall have fixtures where the
source of illumination is a top-down diode that is concealed within
the housing of the light fixture. Refer to the Design Guidelines in
Exhibit A or B as specified.
(b)
Streetlights shall be installed and maintained at an average
interval of 105 feet along arterial roads and at an average interval
of 90 feet along all other roads.
(c)
Streetlights installed integral with sidewalks shall be installed
flush with the paved surface.
B.
Parking Lot Lighting.
(1)
Parking lot lights shall be designed as such that the source
of illumination is concealed within the housing of the light fixture.
(2)
All parking lot light fixtures shall be equipped with lenses
that are flat and installed parallel to the ground.
(3)
Lighting shall not be via floodlight nor spotlight, nor any
fixture that does not direct light downward.
(4)
Parking lot lights may be attached to poles, buildings or other
structures but shall always be installed with flat lenses that are
installed parallel to the ground.
C.
Pedestrian-Oriented Lighting (Not in Parking Lots).
(1)
Pedestrian-oriented lights on poles shall be designed as such
that the source of illumination is concealed within the housing of
the light fixture.
(2)
Pedestrian-oriented lighting shall not be via floodlight nor
spotlight.
(3)
Pedestrian-oriented lighting may be achieved by exposed light
bulb strings or similar fixtures. Such fixtures are intended for the
lighting of pedestrian-oriented areas and not for placement on building
facades or features which are restricted in the "Architectural Lighting"
section.
D.
Building-Mounted Lighting (Includes Lighting for Gas Station Canopies
and Other Surface-Mounted Light Fixtures).
(1)
Building-mounted lights shall be designed as such that the source
of illumination is concealed within the housing of the light fixture.
(2)
All building-mounted light fixtures shall be equipped with lenses
that are flat and installed parallel to the ground. Building lighting
shall not be via floodlight nor spotlight, nor any fixture that does
not direct light downward. Note: Exceptions may be made by the Township
for emergency lighting that is required by the Building Code for illumination
during emergencies or power outages.
E.
Architectural Lighting.
(1)
Architectural lighting is intended to allow building owners
to highlight architectural features.
(2)
Architectural lighting shall not allow the source of light to
be viewed from any property line.
(3)
Architectural lighting may be allowed to have colors or shades
that change; however, changes shall not be rapid or flashing.
(4)
Lighting in strips or strings of bulbs/diodes and exposed neon
tubes that are affixed to buildings or other appurtenances are not
allowed.
5.
Allowable Lighting Dispersal (Footcandles Allowed at Property Line).
6.
7.
Light Output Limits.
A.
Wattage output for private street lights shall be 75-watt maximum.
(All streetlights shall use a wattage selector.)
B.
Wattage output for public street lights shall be 75-watt maximum.
(All streetlights shall use a wattage selector.)
C.
Parking lot lights: not limited.
D.
Pedestrian-oriented lighting: not limited.
E.
Building-mounted lighting: not limited.
F.
Architectural lighting: not limited.
8.
Allowable Height of Light Fixtures (Height Is Measured from Adjacent
Grade to the Highest Point of the Light Fixture).
A.
Streetlights: 13 feet minimum to 20 feet maximum. (Pedestrian-oriented
settings are encouraged to have lights installed at lower heights
within the allowable range.)
B.
Parking lot lights: 35 feet maximum from adjacent grade.
C.
Pedestrian-oriented pole lighting: 13 feet maximum from adjacent
grade. Strings of lights for pedestrian-oriented purposes are not
limited in height.
D.
Building-mounted lighting: not limited.
E.
Architectural lighting: not limited.
9.
Light Pole Colors.
A.
Pole color for any private or public street lights regulated by the
Streetscape Enhancement Ordinance, Community Character District Ordinance
or the Planned Residential Development Ordinance shall be RAL 3005
with clear protective coating required.
B.
Pole or fixture color for all other areas is not regulated unless
specified in the approved land development plans.
10.
Light Pole Foundations.
A.
Foundation color for any exposed private or public streetlight foundations
regulated by the Streetscape Enhancement Ordinance, Community Character
District Ordinance or the Planned Residential Development Ordinance
shall be integrally colored RAL 3005.
B.
Foundation color for all other lights is not regulated.
C.
Street and pedestrian light pole foundations shall not exceed 10
inches of exposed concrete above-grade. Streetlights installed integral
with sidewalks shall be installed flush with the paved surface.
D.
Parking lot light pole foundations are not regulated for height nor
color.
[Ord. 96-267, 5/2/1996; as amended by Ord. 97-278, 6/5/1997,
§§ 5 and 6; by Ord. 99-293, 4/1/1999, § 10;
and by Ord. 2001-317, 9/6/2001, § 5]
1.
Loading and Servicing.
A.
Location. Areas provided for loading and unloading of delivery trucks
and other vehicles and for the servicing of businesses by refuse collections,
fuel and other service vehicles shall be located at the side or rear
of all buildings, shall not face a street, shall be adequate in size
and shall be so arranged that they may be used without blockage or
interference with the use of accessways or automobile parking facilities.
This restriction is not applicable to I-79 or the Pennsylvania Turnpike.
B.
Loading docks must be of sufficient size to accommodate normal peak
load requirements.
C.
Service bays and garage doors used to service all uses like, but
not limited to, automotive type uses, warehouse type uses, manufacturing,
industrial, and similar types of uses shall not face any public street.
D.
Where
there are multiple uses within a development, shared loading areas
shall be used among as many uses as practical.
[Added by Ord. 2006-369, 4/5/2006, § 2]
2.
Interior Circulation. The interior circulation of traffic in commercial
and industrial areas shall be designated so that no driveway or access
lane providing parking spaces shall be used as a through street.
3.
Emergency Access. The applicant shall demonstrate to the satisfaction
of the Township that all buildings shown on a site development plan
can be adequately accessed by emergency fire-fighting vehicles and
other emergency equipment.
4.
Traffic Control. No design shall be approved which is likely to create
substantial traffic hazards endangering the public safety, nor which
is inconsistent with the recommendations and findings of any officially
adopted Township traffic study. Traffic control devices may include
traffic signals, overhead flashing lights and delineators, such as
medial barriers, and not be limited to acceleration and deceleration
lanes, turning lanes, one-way traffic flow, traffic and lane markings
and signs. The plan for traffic control shall provide off-site traffic
flow and safety. The developer shall be responsible for the construction
of any such traffic control devices.
[Amended by Ord. 2005-362, 12/15/2005]
5.
Trash Pickup. Receptacles or compactors for trash, refuse, recyclables,
and the like, located on a nonresidential lot or parcel in a nonresidential
zoning district that are contiguous, abutting, or adjacent to residential
zoned property shall not be accessed for pickup, delivery, or removal
between the hours of 10:00 p.m. and 6:00 a.m.
[Amended Ord. 2006-369, 4/5/2006, § 2]
[Added by Ord. 2004-351, 6/3/2004, § 4; as amended
by Ord. 2005-362, 12/15/2005]
All stormwater detention basins shall be designed and constructed
in accordance with the code. Furthermore, stormwater detention basins
shall meet the following requirements:
A.
Setbacks.
(1)
Setback from Adjacent Properties. Stormwater detention basins
shall be set back a minimum of 20 feet from all lot lines.
(2)
Setback from Structures. Stormwater detention basins shall be
set back a minimum of 30 feet from all existing and proposed structures
including porches, decks and other similar structures.
(3)
The setback distance shall be measured landward from the maximum
100-year stormwater surface elevation of the basin during a 100-year
storm.
B.
Basins along Streets and Within Buffer Areas. Except for underground
basins, any basin located closer than 50 feet to a street right-of-way
or within a required buffer yard or landscaping strip shall be designed
as a wet basin or as a naturalized basin. For Planned Residential
Developments reference § 27-903.7.B(2).[1]
[1]
Editor's Note: Amended at time of readoption of Code.
C.
Landscaping. All stormwater detention basins shall be landscaped
in accordance with the landscaping provisions of the code.
[Added by Ord. 2004-352, 7/1/2004, § 2; and by
Ord. 2005-362, 12/15/2005]
1.
Purpose. In expansion of the general purposes contained in Part 1, § 27-103 of this chapter, it is hereby declared to be the primary purpose of this section to establish reasonable standards to regulate timber harvesting operations within the Township. Specific objectives are as follows:
A.
Preserve environmental and economic benefits associated with proper
forest management.
B.
Promote proper forest stewardship.
C.
Protect the rights of adjoining property owners.
D.
Minimize the potential for adverse environmental impacts associated
with any timber harvesting operation.
E.
Avoid unreasonable and unnecessary restrictions on the right of property
owners to harvest timber, which activity is a permitted use in all
zoning districts.
2.
Permit Required.
A.
When a property owner wishes to conduct or permit to be conducted
a timber harvesting operation on his property, such owner shall obtain
a timber harvesting permit from the Township.
B.
A timber harvesting permit shall not be required, and this part shall
not apply to the following:
(1)
Work performed on clearing subdivision roads and rights-of-way
approved by the Township.
(2)
Work performed in accordance with a land development plan approved
by the Township Board of Supervisors.
(3)
Individual lots affected by the timber harvesting operation
of less than two acres in size, provided that the entire timber harvesting
operation does not exceed a total of two acres.
C.
The Township shall be notified in writing before any timber harvesting
operation begins so that the Township may determine if other Township
permits or approvals are required for the particular operation, the
Township shall be notified at the following times:
3.
Submission Requirements for Permit Application. A timber harvesting
application shall be filed with the Township and shall contain the
following:
A.
A narrative containing the following information:
(1)
Purpose of the proposed operation.
(2)
Total land area involved in the proposed timber harvesting operation.
(3)
Total number of trees selected for harvesting.
(4)
Reforestation narrative outlining the re-vegetation of the landing
area, skid trails and harvest area.
(5)
A chart indicating the quantity of trees, the ranges (DBH) and
species of the trees selected for harvesting.
(6)
Stormwater control measures to be used.
(7)
Stream crossings and wetland protection measures to be used.
(8)
A statement confirming that each tree to be removed has been
designated by the consulting or state forester with paint or other
distinctive means at two points so as to be readily visible by the
logger. One point shall be low enough on the tree so as to be visible
on the stump after the tree is removed.
B.
A legibly drawn site plan containing the following information and
drawn to the following specifications:
(1)
Be drawn to a scale not to exceed one inch equals 100 feet.
(2)
Be drawn on a sheet size not to exceed 24 x 36 inches. A copy
of the site plan shall also be provided in digital format (.DWG or
.DXF format on CD-ROM)
(3)
Be prepared in accordance with standard architectural and engineering
practices.
(4)
Be sealed by engineer(s) and/or surveyor(s) of record.
(5)
The name(s) and address(es) of the landowner and adjacent property
owners.
(6)
Contain a vicinity map, which shows the property(s) proposed
for timber harvesting as shown on a current Township map. The vicinity
map shall identify all adjacent properties and the name of property
owners surrounding the proposed timber harvesting operation.
(7)
The boundary of the site to be timber harvested as indicated
by a heavy line with length of course in feet.
(8)
The location and names of streets and roads adjacent to the
proposed timber harvesting operation.
(9)
Utility rights-of-way and/or easements.
(10)
Existing watercourses, floodplains, woodlands and wetlands.
(11)
The required fifty-foot buffer along any harvesting area, landing
area, public road, and adjacent property.
(12)
Topography of the property, including all slopes of 25% or greater
and slide-prone soil areas.
(13)
Earth disturbance locations, including skid trails and landing
areas.
C.
A narrative, including a copy of all commonwealth permits, indicating
that the logging operator shall address and comply with the requirements
of all applicable commonwealth laws and regulations including, but
not limited to the following:
(1)
Erosion and Sedimentation Control Regulations, 25 Pennsylvania
Code, Chapter 102, promulgated pursuant to the Clean Streams Law;
Subsection .4 timber harvesting operation regulations. Any timber
harvesting operation shall meet the following requirements:
(2)
Stream crossings and wetland protection regulations issued pursuant
to the Stormwater Management Act.
(3)
Stormwater management plans and regulations issued pursuant
to the Stormwater Management Act and applicable Township stormwater
regulations.
4.
Timber Harvesting Operation Regulations. Any timber harvesting operation
shall meet the following requirements:
A.
At least 30% of the forest cover (canopy) shall be preserved and
the residual trees shall be well distributed. At least 30% of these
residual trees shall be composed of higher value species as determined
by a consulting or state forester.
B.
Trees selected for harvesting shall be marked at two distinctive
locations thereon. The higher of the two marks shall be provided around
the entire circumference of the tree. The lower mark must be visible
on the stump after the tree is removed.
C.
A fifty-foot buffer zone, within no timber harvesting shall occur,
shall be required between the boundary of any timber harvesting area
or landing area and any public street, road or the boundary of any
adjoining property.
D.
Timber harvesting is prohibited on areas with slopes greater than
25%.
E.
Timber harvesting is prohibited within a floodway or floodplain.
F.
As directed by the Township, a soils engineer registered to practice
in the Commonwealth of Pennsylvania shall monitor all forest activities
occurring on or affecting landslide prone soils and/or steep slopes.
G.
No timber harvesting operation or removal of products shall take
place between the hours of 7:00 p.m. and 8:00 a.m. or any time on
Sundays or legal holidays.
H.
Trees falling on adjacent properties as a result of a timber harvesting
operation shall be returned immediately to the landowner's property,
who shall be responsible for any damage, cost or restoration to the
affected adjacent property.
I.
Falling or skidding on or across any public road or right-of-way
is prohibited without the express written consent of the Township
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of such public road or right-of-way.
J.
Waste material shall be buried or removed to a point out of sight
of any public road or adjacent property. No tops or slash shall be
left within 50 feet of any public road, street, adjacent property,
or private roadway providing access to adjoining residential property.
K.
No tops or slash shall be left on or across the boundary of any property
adjoining the timber harvesting operation without the written consent
of the owner thereof.
L.
No tops or slash shall be left in a floodway or floodplain.
M.
The Township shall have the authority to order the suspension of
any timber harvesting operation if, in the Township's opinion,
conditions created by the spring thaw, adverse weather, or any other
cause makes soil erosion likely.
N.
Any timber harvesting operation in existence at the time of enactment
of this part may continue without interruption, provided that application
is made within 30 days of said enactment for a timber harvesting permit
under the provisions of this part and that such permit is granted.
O.
The maximum term of any permit issued pursuant to this part shall
be for four months. However, because the timber harvesting operation
may be adversely affected or delayed by unusual circumstances of weather
or other occurrences, one additional four-month extension, after payment
of a renewal fee equal to the initial permit fee, maybe granted by
the Township.
P.
The Township may require that, prior to completion of the timber
harvesting operation, a written report be filed by the consulting
or state forester indicating what measures should be taken in order
to properly restore the property.
Q.
Upon completion of the timber harvesting operation, all disturbed
areas including, but not limited to, the landing area(s) and skid
trails shall be revegetated pursuant to the Erosion and Sedimentation
Control plans and the Stormwater Management Plans as approved by the
Commonwealth of Pennsylvania's Department of Environmental Protection.
R.
A timber harvesting operation shall not include any on-site processing
of harvested trees or manufacturing except as permitted by the code.
5.
Road Maintenance.
A.
The Township shall have the authority to suspend any timber harvesting
operation should the Township determine that conditions of the timber
harvesting operation will cause or make likely damage to a Township
maintained road.
B.
The repair of roads, bridges and culverts damaged as a result of
a timber harvesting operation shall be repaired to the satisfaction
of the Township.
C.
The permittee, logging operator, or a designated representative shall
not create a new access or use an existing access onto a state maintained
road without first showing proof that the access is permitted by the
Commonwealth of Pennsylvania's Department of Transportation.
D.
The permittee, logging operator, or a designated representative shall
not create a new access or use and existing access onto a Township
maintained road without first obtaining permission from the Township
for using said access.
E.
Any disturbance along a Township maintained street or road to create
a new or improve upon an existing access shall be reconstructed back
to its original condition as it was prior to the commencement of the
timber harvesting operation.
6.
Waivers and Enforcement.
A.
The Township shall have the right to waive any requirements of this
part. The Township shall also have the right to add any additional
conditions, including additional bonding or other financial security
for the actual restoration of damaged roads, deemed necessary to protect
the health, welfare and safety of the residents of the Township.
B.
The Township Manager or his/her designee shall be the enforcement
officer for this part.
C.
The Township Manager or his/her designee may enter the site of any
timber harvesting operation before, during, or after active logging
to (1) review the timber harvesting plan or any other required documents
for compliance with this part and (2) inspect the operation for compliance
with the timber harvesting plan and other on-site requirements of
this part.
7.
Violations and Penalties.
A.
Upon finding that a timber harvesting operation is in violation of
any provision of this part, the Township shall issue the logging operator
and the landowner a written notice of violation in accordance with
the provisions of this chapter regarding enforcement notices, describing
each violation and specifying a date by which corrective action must
be taken.
B.
The Township may order the immediate suspension of any timber harvesting
operation and may institute any appropriate action to prevent, restrain,
correct, or abate the violation of this part upon finding that (1)
corrective action has not been taken by the date specified in a notice
of violation; (2) the operation is proceeding without a timber harvesting
plan; or (3) the operation is causing an immediate environmental risk.
C.
Suspension orders shall be in writing, shall be issued to the logging
operator and the landowner and shall remain in effect until the timber
harvesting operation is brought into compliance with this Part or
other applicable statutes or regulations.
D.
Penalties. Penalties for any violation of this Part shall be enforced
in accordance with Part 12 of this chapter.
[Added by Ord. 2006-369, 4/5/2006, § 3]
1.
On all
nonresidential and multifamily residential buildings, all building
mechanical systems, such as air-conditioning units, exhaust systems,
satellite dishes, fire escapes, elevator housing, and other similar
building features, whether on the building roof or on the ground,
shall be integrated into the overall design and character of the building
and completely screened from view from adjoining properties and streets,
to the extent screening is physically practical.
2.
Screening
devices such as landscaping, decorative masonry walls, architectural
features, or opaque fencing shall be used. Architectural screening
shall be compatible with the architectural treatment of the principal
building.
[Added by Ord. 2006-371, 4/5/2006, § 3; amended
by Ord. 2013-438, 9/5/2013]
Street types utilized within a zoning district shall be selected from the street types permitted in that district, as outlined in 27 Attachment 8. Collector and arterial streets are permitted, as appropriate, within any district. All streets shall be constructed in accordance with the requirements of Chapter 17, Public and Private Improvements. Rights-of-way indicated on street specifications for streets contained within a development site may be public or private, as appropriate, and at the discretion of the Township.
[Added by Ord. 2009-394, 11/5/2009, § 1]
1.
Intent. Provisions for the Streetscape Enhancement Overlay District
are intended to comply with the regulations below and to implement
Exhibit A, a General Manual of Written and Graphic Design Guidelines
for the Streetscape Enhancement Overlay District.[1]
[1]
Editor's Note: Exhibit A is included in the on-line version
of the Code of Ordinances of the Township of Cranberry (eCode 360®).
Exhibit A is also on file in the Township offices.
2.
Purpose. The purpose of the Streetscape Enhancement Overlay District
is to:
B.
Implement the Comprehensive Plan for Cranberry Township.
C.
Implement Exhibit A, General Manual of Written and Graphic Design
Guidelines, Streetscape Enhancement Overlay District.
D.
Provide an overall cohesive character for the streetscapes.
E.
Promote pedestrian circulation, pedestrian-oriented streetscapes,
and bicycling.
F.
Enhance the streetscapes with effective and unified street walls
and street edges.
G.
Enhance the streetscapes with pedestrian pockets, pergolas, pavilions,
and gazebos.
H.
Enhance the character of the streetscapes with effective and unified
street trees and other landscaping, streetlighting, hardscapes, street
furniture, accessory structures, and signage.
I.
Enhance off-street parking lots.
3.
Applicability.
A.
The Streetscape Enhancement Overlay District shall be as shown on
the Cranberry Township Zoning Map, as may be amended from time to
time.
B.
The Streetscape Enhancement Overlay District, including Exhibit A,[3] applies to the development of properties abutting certain
arterial and collector streets, or portions thereof, as set forth
on the Township Zoning Map when one of the following criteria are
applicable:
[Amended by Ord. 2011-411, 3/3/2011, § 3]
(1)
Any new land development; or
(2)
Any land development involving a site modification of 1,501 square
feet or greater; or
(3)
Any change of use that is a conditional use where the new use comprises
80% or more of the building where it is located and the building is
15,000 square feet or larger.
[3]
Editor’s Note: Exhibit A, General Manual of Written
and Graphic Design Guidelines – Streetscape Enhancement Overlay
District, is included in the on-line version of the Code of Ordinances
of the Township of Cranberry (eCode360®). Exhibit A is also on
file in the Township offices.
C.
All streetscape
enhancements, except for street walls, shall be installed along any
new public or private street that is to be perpendicular to a street
within the Streetscape Enhancement Overlay District.
[Added by Ord. 2012-431, 8/2/2012, § 4]
4.
5.
Application Requirements.
A.
Streetscape Plan Submission for Preliminary Plan and Final Plan Approval,
and Conditional Use Approval.
(1)
The streetscape plan shall implement the provisions in Exhibit
A, General Manual of Written and Graphic Design Guidelines, Streetscape
Enhancement Overlay District, as well as all applicable provisions
of the Cranberry Township Subdivision and Land Development Ordinance,
to address the following features where applicable, all in accordance
with Exhibit.
(a)
Accessory structures.
(b)
Benches, which shall be uniform as per Exhibit A.
(c)
Bicycle lanes.
(d)
Bicycle racks.
[Amended by Ord. 2012-431, 8/2/2012, § 5]
(e)
Crosswalks, which shall be uniform as per Exhibit A.
(f)
Off-street parking lots.
(g)
Pedestrian pockets.
(h)
Pergolas, pavilions and gazebos.
(i)
Sidewalks and street edge strips.
(j)
Signage.
(k)
Bus shelters.
(l)
Streetlights, which shall be uniform as per Exhibit A.
(m)
Street trees and other landscaping, in accordance with § 22-612 of the Cranberry Township Subdivision and Land Development Ordinance.
(n)
Streetscape, Street Walls, and Other Street Edges. Street walls
shall be uniform as per Exhibit A.
(o)
Traffic signals and signs.
(p)
Waste receptacles, which shall be uniform as per Exhibit A.
(2)
The streetscape enhancement uniform described above is summarized
in the following chart, and detailed in Exhibit A.
[Amended by Ord. 2012-431, 8/2/2012, § 6]
|
Streetscape Enhancement Uniformity
| ||
|---|---|---|
|
Requirement
|
Design Details:
See Exhibit A.
|
Color/Type
|
|
Streetlights
|
Pages 13 to 13.2
|
Cranberry color, RAL 3005
|
|
Benches
|
Page 3
|
Cranberry color, RAL 3005
|
|
Bicycle racks
|
Page 5
|
Cranberry color, RAL 3005
|
|
Crosswalks
|
Page 6
|
Red clay brick
|
|
Waste receptacle
|
Page 17
|
Cranberry color, RAL 3005
|
|
Street trees
|
§§ 22-612.5 and 22-612.9 (SALDO)
|
See §§ 22-612.5 and 22-612.9
|
|
Hedge
|
Pages 15.7, 15.9
|
Choice of 4 plant types
|
|
Brick Wall and Piers
|
Pages 15 to 15.8
|
Red clay brick
|
|
Steel, iron, or comparable metal fence
|
Pages 15.1 to 15.8
|
Black
|
|
NOTE:
Exhibit A provisions the design details and requirements.
|
(3)
The streetscape plan shall meet all graphic and cartographic
requirements set forth for a preliminary plan, and for a final plan
in the Cranberry Township Subdivision and Land Development Ordinance.
(4)
When a front or side building facade is not located within 25
feet, and parallel to, the road right-of-way, a continuous street
wall shall be formed along the entire property frontage. When a building
facade meets these requirements, the street wall shall not be required
along the portion of the frontage where the building is located. See
Drawing Z-12 found in 27 Attachment 9.
[Amended by Ord. 2012-431, 8/2/2012, § 7]
(5)
A street wall shall be built and maintained in accordance with
Exhibit A and the following:
(a)
Whenever arterial streets intersect with other public streets
and to the extent technically feasible, a thirty-inch-tall solid brick
wall or thirty-inch brick piers at twenty-one-foot intervals, connected
by black wrought iron, steel, or a comparable metal fence, shall be
built and maintained along the property boundary or at a minimum of
a 42 feet in each direction.
(b)
Along other sections of streets that have parking lots facing
the street, brick piers at twenty-one-foot intervals, connected by
black wrought iron, steel or a comparable metal fence, shall be installed
and maintained, and low shrubs shall be located on the street side
of the piers and fence.
(c)
Along other sections of streets that have basins, fields, or
other green areas (i.e., not with an off-street parking lot) are to
be screened, with a continuous hedgerow, or with brick piers at twenty-one-foot
intervals, connected by hedges, which shall be installed and maintained.
(d)
Along all other sections of streets that have buildings 25 feet
or more from the road right-of-way, a continuous hedgerow, or brick
piers at twenty-one-foot intervals connected by hedgerows shall be
installed and maintained.
[Amended by Ord. 2012-431, 8/2/2012, § 8]
(7)
All street walls at arterial street intersections shall have
a uniform look so that arterial street corners, collector street corners
and other street corners shall have the same treatment, that of a
thirty-inch-tall solid brick wall or thirty-inch-tall brick piers
at twenty-one-foot intervals, connected by black wrought iron, steel,
or a comparable metal fence and low shrubs on the street side of the
piers and fencing, extending at least 42 feet in each direction from
the corner, as shown in Exhibit A.
[Amended by Ord. 2012-431, 8/2/2012, § 9]
(8)
Street trees are intended to add charm, beauty, and shade to streets. Street trees also provide a landscape architectural complement to the architectural alignment of buildings. Street trees shall be in accordance with the Cranberry Township Subdivision and Land Development Ordinance (§ 22-612).
[Amended by Ord. 2012-431, 8/2/2012, § 10]
6.
Implementation. The Streetscape Design Guidelines shall be implemented
as follows:
A.
All improvements shall be maintained by the property owner abutting
the road right-of-way.
B.
Any structure and improvement that is damaged destroyed or otherwise
nonfunctional shall be replaced or repaired within 90 days of receipt
of notice from the Township to replace or repair same.
C.
All other applicable requirements of other codes, ordinances, and
regulations of Cranberry Township shall be met.
[Added by Ord. 2010-397, 6/24/2010, § 2]
1.
Township zoning approval is required for the construction of any
solar-energy facility that is an accessory use on any site or lot.
A.
The zoning permit application shall indicate the location of the
proposed facility, including the percentage of roof coverage, if the
facility is mounted on a building.
2.
The applicant shall demonstrate through project planning and proposed
mitigation that a proposed facility's impacts will be minimized
for surrounding properties and the community. This may include, but
not be limited to, information regarding site selection, facility
design or appearance, buffering, and screening of ground-mounted electrical
and control equipment.
3.
Where the installation of the facility constitutes a land development,
all provisions of applicable ordinances shall be met.
4.
Noise from any solar-energy facility shall not exceed 15 decibels
at the lot line, unless all affected adjacent property owners shall
have executed a nondisturbance easement, covenant, or consent which
has been recorded in the office of the Recorder of Deeds of Butler
County. Methods for measuring and reporting acoustic emissions from
the facility shall be equal to or exceed the minimum standards for
precision described in AWEA Standard 2.1 – 1989, titled "Procedures
for the Measurement and Reporting of Acoustic Emissions from Wind
Turbine Generation Systems Volume I: First Tier."
5.
Construction of any solar-energy facility shall comply with all applicable
rules, laws and regulations of the United States Federal Aviation
Administration. Documentation of compliance shall be provided to the
Township.
6.
To the extent applicable, all solar-energy facilities shall comply
with the Pennsylvania Uniform Construction Code and the regulations
adopted by the Pennsylvania Department of Labor and Industry.
7.
All electrical components of solar-energy facilities shall conform
to relevant and applicable local, state and national codes, and relevant
and applicable international standards.
8.
Solar-energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
9.
Solar-energy facilities shall not display advertising, except for
reasonable identification of the facility manufacturer.
10.
Transmission and power lines shall be placed underground or out of
sight.
11.
Where installed on the roof of a building, no solar-energy facility
shall be installed such that more than 50% of each roof area is covered
by the facility.
12.
No solar-energy facility or facilities may exceed in total 30% of
the total lot or site area.
13.
Solar-energy facilities shall meet the accessory structure setbacks
that may apply in the zoning district within which the facility is
constructed, and where no such setback is specified, the facility
shall be no closer than 10 feet to any property line.
14.
No facility shall be attached to a tree or any other natural object
or structure not intended to support such a facility, except that
facilities may be appropriately attached to buildings capable of accommodating
them.
15.
No facility shall be installed immediately adjacent to a swimming
pool or other open body of water.
[Added by Ord. 2010-397, 6/24/2010, § 2]
1.
Township zoning approval is required prior to the construction of
any wind-energy facility on any site or lot.
A.
The zoning permit application shall indicate the location of the
proposed facility.
2.
The applicant shall demonstrate through project planning and proposed
mitigation that a proposed facility's impacts will be minimized
for surrounding properties and the community. This may include, but
not be limited to, information regarding site selection, facility
design or appearance, buffering, and screening of ground-mounted electrical
and control equipment.
3.
Where the installation of the facility constitutes a land development,
all provisions of applicable ordinances shall be met.
4.
Noise from any wind-energy facility shall not exceed 15 decibels
at the lot line, unless all affected adjacent property owners shall
have executed a nondisturbance easement, covenant, or consent which
has been recorded in the office of the Recorder of Deeds of Butler
County. Methods for measuring and reporting acoustic emissions from
the facility shall be equal to or exceed the minimum standards for
precision described in AWEA Standard 2.1 – 1989, titled "Procedures
for the Measurement and Reporting of Acoustic Emissions from Wind
Turbine Generation Systems Volume I: First Tier."
5.
Construction of any wind-energy facility shall comply with all rules,
laws and regulations of the United States Federal Aviation Administration.
Documentation of compliance shall be provided to the Township.
6.
To the extent applicable, all wind-energy facilities shall comply
with the Pennsylvania Uniform Construction Code and the regulations
adopted by the Pennsylvania Department of Labor and Industry.
7.
All electrical components of wind-energy facilities shall conform
to relevant and applicable local, state and national codes, and relevant
and applicable international standards.
8.
Wind-energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
9.
Wind-energy facilities shall not display advertising, except for
reasonable identification of the facility manufacturer.
10.
Transmission and power lines shall be placed underground or out of
sight.
11.
Setbacks.
A.
From buildings: 1.1 times the height of the wind energy facility
at its tallest point, measured from the bottom of the facility base
to the highest reach of any movable or immobile part; except where
the facility is mounted to a building, the setback shall not be required
between the facility and the building to which it is attached.
B.
From property lines: 1.1 times the height of the wind energy facility
at its tallest point, measured from the bottom of the facility base
to the highest reach of any movable or immobile part.
C.
From public roads: 1.1 times the height of the wind energy facility
at its tallest point, measured from the bottom of the facility base
to the highest reach of any movable or immobile part.
D.
Each vertically oriented wind-energy facility mounted on a building
shall be separated from any other wind-energy facility by 1.1 times
the height of the facility, measured from the point at which the facility
is mounted to the building, to the highest reach of any movable or
immobile part of the facility.
E.
Any wind-energy facility that is an accessory structure shall meet
the applicable accessory structure setbacks that may apply in the
zoning district within which the facility is constructed; and where
no such setback is specified, the facility shall be no closer than
10 feet to any property line or the distance set forth above, whichever
is greater.
12.
Maximum height: where the facility is an independent structure and
not mounted to a building, 50 feet maximum height in residential zoning
districts and 120 feet maximum height in commercial districts, measured
from ground level to the tip of the wind-energy facility's blade
fully extended perpendicular to the ground plane. Where the facility
is mounted to a building, the maximum height shall be 10 feet higher
than the tallest point on the building.
13.
Minimum vertical clearance between ground level and the lowest movable
component of the wind-energy facility when at its lowest point: 15
feet.
14.
The color shall be a neutral and nonreflective tone, such as white,
off-white, or gray. The facility coloring shall be solid, and any
alphabetical or numerical characters shall be representative of the
facility manufacturer only and shall comprise no more than five square
feet.
[Added by Ord. 2014-448, 10/2/2014]
1.
Intent. The intent of this section is to:
A.
Promote the health, safety, and welfare of Township residents and
businesses with respect to WCFs.
B.
Provide for the managed development of WCFs in a manner that enhances
the benefits of wireless communication and accommodates the needs
of both Township residents and wireless carriers in accordance with
federal and state laws and regulations.
C.
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based WCFs
in the Township, including facilities both inside and outside the
public rights-of-way.
D.
Address new wireless technologies, including, but not limited to,
distributed antenna systems (DAS), data collection units, cable wi-fi
and other WCFs.
E.
Encourage the co-location of WCFs on existing structures rather than
the construction of new tower-based structures.
F.
Protect Township residents from potential adverse impacts of wireless
communications facilities and preserve, to the extent permitted under
law, the visual character of established communities and the natural
beauty of the landscape.
G.
Comply with all provisions and requirements of the Pennsylvania Wireless
Broadband Co-location Act (WBCA), as amended, and any other applicable
state and/or federal regulations.
2.
Applicability. All wireless communications facilities (WCFs), as defined in Part 2 of this chapter, shall comply with all applicable terms and provisions of this section.
3.
Authorized Uses.
A.
Refer to 27 Attachment 2, "Table of Authorized Principal Uses, Zoning Districts Where Use is Authorized, and Method of Authorization," for zoning districts in which WCFs are permitted. Any WCF which is identified as requiring conditional use approval shall also comply with the express standards and criteria for uses authorized by conditional use as set forth in Part 7 of this chapter.
B.
Refer to 27 Attachment 3, "Table of Authorized Accessory Uses, Zoning District Where Authorized, and Method of Authorization," for zoning districts in which any WCF accessory uses are permitted. Any WCF which is identified as requiring conditional use approval shall also comply with the express standards and criteria for uses authorized by conditional use as set forth in Part 7 of this chapter.
C.
Noncommercial Usage Exemption. Township citizens utilizing satellite
dishes and antennas for the purpose of maintaining television, phone,
and/or internet connections at their respective residences shall be
exempt from this section.
D.
Nonconforming Uses. Nonconforming WCFs which are hereafter damaged
or destroyed due to any reason or cause may be repaired and restored,
in kind, at their former location, but must otherwise comply with
the terms and provisions of this section, except that any co-location
approved under a former ordinance shall be permitted to continue consistent
with the requirements of the WBCA.
4.
Procedures.
A.
Application. Each applicant proposing the construction of a WCF shall
complete and submit all appropriate applications prior to beginning
construction of such WCF.
B.
Permits. Applicants proposing the modification of an existing WCF
or construction of a new WCF shall obtain all required permits from
the Township prior to beginning construction. New construction and
modifications shall be prohibited without a zoning permit.
C.
Fees. The Township may assess appropriate and reasonable permit fees,
as delineated or limited by the WBCA or any other applicable state
and/or federal laws or regulations, which are directly related to
the Township's actual costs in reviewing and processing applications
for approval as well as related inspection, monitoring and related
costs.
D.
Engineer Signature. All plans and drawings shall contain a seal and
signature of a professional structural engineer, licensed in the Commonwealth
of Pennsylvania.
E.
Retention of Experts. Except as limited by the WBCA or other applicable
statute, the Township may hire any consultant(s) and/or expert(s)
necessary to assist the Township in reviewing and evaluating the application
for approval of the WCF 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 WCF shall reimburse the Township
for all reasonable costs of the Township's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
F.
Approval.
(1)
Non-Tower Wireless Communications Facilities. Within 30 calendar
days of the date that an application for a non-tower WCF 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.
(2)
Tower-Based Wireless Communications Facilities. Within 30 calendar
days of the date that an application for a tower-based WCF is filed
with the Township, the Township shall notify the applicant in writing
of any information that may be required to complete such application.
All applications for tower-based WCFs shall be acted upon within 150
days of the receipt of a fully completed application for the approval
of such tower-based WCF, 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
one-hundred-fifty-day review period.
(3)
Approval shall only be granted when it has been clearly and
unequivocally established that the proposed WCF fully complies with
the Township's Code of Ordinances and, as permissible consistent
with the requirements of the WBCA or any other applicable state and
federal laws or regulations, will not have a significant adverse visual
and/or land use impact.
G.
Inspection. The Township reserves the right to inspect any WCF 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 WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
5.
General Requirements for Wireless Communications Facilities (WCFs).
A.
Standard of Care. Any WCF 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 American National Standards Institute
(ANSI) Code, as amended, the National Electrical Safety Code, as amended,
and the National Electrical Code, as amended. Any WCF 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.
With regard to co-location, nothing within these general requirements
shall be construed to impose requirements greater than those permitted
to be imposed by the Township under the WBCA.
B.
Design.
(1)
WCFs, including all associated antennas, towers, equipment,
sheds, buildings, and the like, shall be context-sensitive, employ
stealth technology, and be treated to match any supporting structure,
when applicable, in order to minimize aesthetic impact. The application
of such treatments shall be subject to the approval of the Township.
(2)
Wind. All WCF 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/EIA-222-E, as amended).
(3)
In accordance with the WBCA, the aforementioned design requirements
shall not apply to the co-location, replacement, or alteration of
antennas, accessory equipment, or WCFs upon any existing wireless
support structure or within an existing equipment compound.
C.
Location.
(1)
All WCFs shall be located on an existing WCF structure whenever
practical and feasible to do so.
(2)
Should co-location on an existing WCF structure not be possible,
the proposed WCF shall be located on a non-WCF existing structure,
such as, but not necessarily limited to, a utility pole or building.
(3)
Should co-location on a non-WCF existing structure not be possible,
the proposed WCF shall be located on a separate tower and abide by
the general regulations set forth in this section as well as § 27-327.7,
Tower-Based Wireless Communications Facilities (Tower-Based WCFs).
(4)
WCFs shall not be located in the front facade area of the following
uses: single-family detached, single-family semidetached, quad dwelling,
two-family dwelling, townhouse, or row dwelling. This restriction
shall not apply in instances involving co-location on an existing
nonconforming building or structure that already holds WCF equipment.
(5)
Historic Buildings. No non-tower WCF may be located on a building
or structure that is listed on either the National or Pennsylvania
Register of Historic Places, or is eligible to be so listed, or is
listed on the official historic structures and/or historic districts
list maintained by the Township, or has been designated by the Township
to be of historical significance. This restriction shall not apply
in instances in which the historic building or structure in question
holds WCF equipment on the date of adoption of this section.
D.
Access and Parking.
(1)
An access road, turnaround space and parking shall be provided
to ensure adequate emergency and service access to WCFs.
(a)
WCFs located within the right-of-way may utilize existing roads,
whether public or private, to the extent practicable.
(b)
Road construction shall at all times minimize ground disturbance
and the cutting of vegetation.
(c)
Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion.
(2)
Off-street parking shall comply with the requirements of § 27-312.14,
Off-Street Parking Requirements.
(3)
Vehicular access shall not interfere with parking or vehicular
circulation on the site for the principal use.
(4)
Where applicable, the WCF owner shall present documentation
to the Township that the property owner has granted an easement for
the proposed facility.
E.
Public Safety.
(1)
WCFs 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 ROW as determined
by the Township.
(2)
No WCF shall interfere with public safety communications or
the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
(3)
No WCF-associated building shall be permitted within a road
right-of-way.
F.
Operations.
(1)
Radio Frequency Emissions. No WCF may, by itself or in conjunction
with other WCFs, generate radio frequency emissions in excess of the
standards and regulations of the FCC, including, but not limited to,
the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended.
(2)
Lighting. No WCF shall be artificially lighted, except as required by law. 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. All other associated lighting related to the WCF and/or its accessory equipment shall comply with the Township Code, § 27-318.
(3)
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, § 27-313, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
G.
Signs. Signage of any type, except for: signage required by law,
safety signage, and signage identifying the WCF's operator and
subsequent contact information, is prohibited from being attached
to or displayed upon any WCF.
H.
Insurance.
(1)
Non-Tower WCFs. Where permitted by law, each person that owns
or operates a non-tower WCF shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering the non-tower
WCF.
(2)
Tower-Based WCFs Less Than 50 Feet in Height. Where permitted
by law, each person that owns or operates a tower-based WCF 50 feet
or less in height shall provide the Township with a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence and property damage coverage in the minimum
amount of $1,000,000 per occurrence covering each tower-based WCF.
(3)
Tower-Based WCFs Greater Than 50 Feet in Height. Where permitted
by law, each person that owns or operates a tower-based WCF greater
than 50 feet in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF.
I.
Indemnification. Each person that owns or operates a WCF shall, at
its sole cost and expense, indemnify, defend and hold harmless the
Township, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that owns or operates a WCF shall defend any
actions or proceedings against the Township in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a WCF. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable
expert fees, court costs and all other costs of indemnification.
J.
Maintenance.
(1)
WCFs shall be fully automated and unattended on a daily basis
and shall be visited only for maintenance or emergency repair.
(2)
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.
(3)
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 notification by the Township.
6.
Non-Tower Wireless Communications Facilities (Non-Tower WCFs).
A.
All non-tower WCFs shall comply with the general requirements for
wireless communications facilities as set forth in this chapter and
all subsequent standards set forth below, as applicable. WCFs that
do not substantially change the wireless support structure, as that
term is defined and used in the WBCA, shall be exempt from these requirements.
B.
Antennas and all support and accessory equipment shall be context-sensitive
to the supporting structure. WCFs and accompanying equipment shall
be painted, or otherwise coated, to be visually compatible with the
support structure upon which they are mounted, as may be permitted
or restricted in the WBCA or any other applicable state and federal
laws and regulations.
C.
Replacement and Alteration. Any material replacement of or alteration
to a wireless telecommunication facility shall comply with this section
and will require that a separate permit be obtained.
D.
Removal. In the event that use of a non-tower WCF 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 WCFs or portions of WCFs shall be removed as follows:
(1)
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site, unless a time extension is approved by the Township.
(2)
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(3)
WCFs located within the right-of-way shall comply with the following:
(a)
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
WCF in the ROW shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any WCF when the
Township, consistent with its police powers and applicable Public
Utility Commission regulations, shall have determined that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
2)
The operations of the Township or other governmental entity
in the right-of-way;
3)
Vacation of a street or road or the release of a utility easement;
or
4)
An emergency as determined by the Township.
E.
Specific Standards for Non-Tower WCFs.
(1)
(2)
Non-Tower WCFs Located Within the Right-of-Way.
(a)
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall be compatible in height, scale, and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(b)
Any proposed underground vault related to non-tower WCFs shall
be reviewed and approved by the Township.
(c)
Setbacks and Landscaping.
1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb or within an easement
extending onto a privately owned lot.
2)
Ground-mounted equipment that cannot be located underground,
as well as electrical meter cabinets, shall be screened, to the fullest
extent possible, through the use of landscaping or other context-sensitive
features to the satisfaction of the Township.
7.
Tower-Based Wireless Communications Facilities (Tower-Based WCFs).
A.
All tower-based WCFs shall comply with the general requirements for
wireless communications facilities as set forth in this chapter and
all subsequent standards set forth below, as applicable. WCFs that
do not substantially change the wireless support structure, as that
term is defined and used in the WBCA, shall be exempt from these requirements.
B.
Location.
(1)
Tower-Based WCFs 50 Feet or Less in Height.
(a)
Such tower-based WCFs shall be permitted along collector roads
and arterial roads, except when the aforementioned roads are located
within a planned residential development.
(2)
Tower-Based WCFs, Greater Than 50 feet in Height.
(a)
Tower-based WCFs in excess of 50 feet in height are prohibited
from being located within any road right-of-way.
(3)
An application for a new tower-based WCF shall not be approved
unless the Township finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or building, or on Township property.
C.
Height.
(1)
Any tower-based WCF shall be designed at the minimum functional
height. All tower-based WCF applicants must submit documentation to
the Township justifying the total height of the structure. The maximum
total height of any tower-based WCF which is not located in the public
ROW shall not exceed 180 feet, as measured vertically from the ground
level to the highest point on the structure, including antennas and
subsequent alterations.
(2)
Accessory equipment buildings, cabinets and accessory structures
shall not exceed 15 feet in height.
(3)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township and shall comply with the Township's
Code of Ordinances.
D.
Gap in Coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage or capacity exists with
respect to all wireless operators in the applicable area and that
the type of WCF being proposed is the least-intrusive means by which
to fill that gap in wireless coverage or capacity. The existence or
nonexistence of a gap in wireless coverage or capacity may be a factor
in the Township's consideration of and decision on an application
for approval of tower-based WCFs.
E.
Identification Signs. All tower-based WCFs shall post a sign in a
readily visible location identifying the name and phone number of
a party to contact in the event of an emergency.
F.
Licenses. Each person that owns or operates a tower-based WCF shall
submit a copy of its current FCC license (if a licensee), including
the name, address, and emergency telephone number for the operator
of the facility.
G.
Removal. In the event that use of a tower-based WCF is planned to
be discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
(1)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site, unless a time extension is approved by the Township.
(2)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(3)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(4)
The Township shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all tower-based WCFs in the
ROW based on public safety, traffic management, physical burden on
the ROW, 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.
(5)
WCFs located within the right-of-way shall comply with the following:
(a)
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
tower-based WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
2)
The operations of the Township or other governmental entity
in the right-of-way;
3)
Vacation of a street or road or the release of a utility easement;
or
4)
An emergency as determined by the Township.
H.
Specific Standards for Tower-Based WCFs.
(1)
Tower-Based WCFs Located Outside the Right-of-Way.
(a)
Lot.
1)
The foundation and base of any tower-based WCF shall be set
back from property lines by the largest of the following:
2)
A tower-based WCF may be permitted on a property with an existing
use, or on a vacant parcel in combination with another permitted proposed
use, in accordance with 27 Attachment 2, "Table of Authorized Principal
Uses, Zoning Districts Where Use is Authorized, and Method of Authorization,"
subject to the following conditions(s):
a)
The existing use on the property is a permitted use in the applicable
district.
(b)
Design.
1)
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(c)
Accessory Equipment and Buildings.
1)
All utility buildings and accessory structures shall meet the
minimum setback requirements for accessory structures of the underlying
zoning district.
(d)
Landscaping and Screening.
1)
Existing vegetation, trees and shrubs located within proximity
to the WCF structure shall be preserved to the maximum extent possible.
2)
Landscaping shall be installed to screen and buffer the tower
and any ground-level features, such as an equipment building, from
adjacent properties.
3)
The landscape screen shall consist of a mix of evergreen trees
planted in a staggered double row. The plantings shall be a minimum
height of six feet at planting and shall grow to a minimum of 15 feet
at maturity.
(2)
Tower-Based WCFs Located Within the Right-of-Way.
(a)
Tower-based WCFs in the public ROW shall not exceed 50 feet
in height.
(b)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(c)
Ground-mounted equipment that cannot be underground shall be
screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(d)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(e)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
