[Ord. 8/14/1995, § 300; as amended by Ord. 00-12-02,
12/20/2000, § 4]
a.Â
Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in § 27-305 and for the zoning districts so indicated in Parts 4 through 20. On any property, parcel or tract of land, only one principal use and principal structure shall be permitted unless otherwise stated in this chapter.
b.Â
The Zoning Officer shall determine the use and associated set of
applicable regulations under which each application shall be reviewed.
c.Â
Land to be or previously preserved as open space, either by virtue
of the transfer of development rights, easement purchase, fee simple
purchase or any other means, cannot be used to satisfy in whole or
in part any open space or recreation land requirements for another
development or use nor shall it be used to meet the minimum lot area
or yard requirements for any other use or for any other purpose that
would support or serve development.
[Ord. 8/14/1995, § 301]
a.Â
A use listed in Parts 4 through 20 as a use permitted by right is permitted subject to such requirements specified in § 27-305.
c.Â
A use listed in Parts 4 through 20 as a conditional use is permitted provided the Board of Supervisors, having received positive recommendations from the Planning Commission, grants the conditional use subject to the expressed standards set forth in § 27-305 and Part 30 and such further conditions that the Board of Supervisors may impose to ensure the protection of adjacent uses, or the health, safety or general welfare of the community.
[Ord. 8/14/1995, § 302]
a.Â
Uses permitted by right, by conditional use or by special exception
shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area, easements, provisions
for off-street parking and loading; sign regulations, buffer requirements
and to such other provisions as are specified in other Parts of this
chapter or as specified by approving authority.
b.Â
Zoning permits may be withheld by the Township until such time as
all other permits necessary for the operation or occupancy of the
proposed use have been issued by the appropriate agencies. The applicant
shall comply with all other county, state and federal regulations
including, but not limited, to those relating to water supply, sanitary
sewage disposal, wetlands, and highway access.
[1]
Editor’s Note: Former § 27-303, Temporary Accessory
Uses, adopted by Ord. 8/14/1995, § 303, was repealed by Ord.
No. 2018-10-04, 10/1/2018.
[Ord. 8/14/1995, § 304]
Other uses, not specifically or adequately defined in § 27-305 of this chapter, may evolve after the enactment of this chapter or were not uses commonly in use at the time of the enactment of this chapter. From time to time, however, such uses may become reasonable and appropriate uses. It is the purpose of this section to establish a mechanism for inclusion of such additional uses in the Township.
a.Â
The landowner, equitable or otherwise, shall submit his request for
inclusion of a specific use to the Board of Supervisors and Planning
Commission with illustrations and explanatory information which fully
describe the use and the manner in which the proposed use substantially
differs from permitted uses in this chapter.
b.Â
The Zoning Officer shall review the submission and advise the Planning
Commission. It shall be determined if the proposed use falls within
any of the permitted use classifications of this chapter, is a variation
of a permitted use or is a use which is not reasonable and appropriate.
The Supervisors then shall be advised by the Planning Commission.
The Board of Supervisors shall review the recommendations of the Planning
Commission, Zoning Officer, Township Engineer and determine if the
proposed use is suitable.
c.Â
It is the intent of this chapter that reasonable and appropriate
uses not specifically or not adequately described in this chapter
shall be provided for as follows:
[Ord. 8-14-1995, § 305;
as amended by Ord. 00-01-01, 1/24/2000, Art. I; by Ord. 00-07-01,
7/10/2000, Art I-II; by Ord. 00-12-02, 12/20/2000, § 5;
by Ord. 01-05-03, 5/21/2001, Art. III; by Ord. 02-05-01, 5/6/2002,
Art I; by Ord. 03-04-01, 4/14/2003, Art. I; by Ord. 200507-02, 7/11/2005;
by Ord. 2005-08-01, 8/8/2005; by Ord. 2007-04-01, 4/26/2007; by Ord.
2008-02-02, 2/25/2008; by Ord. 2008-03-01, 3/10/2008; by Ord. 2008-09-01,
9/8/2008; by Ord. 2008-09-02, 9/22/2008; by Ord. 2010-05-01, 5/10/2010,
Art. I; by Ord. 2010-07-02, 7/12/2010, § I; by Ord. 2011-04-03,
4/11/2011, § 1; by Ord. 2011-04-04, 4/11/2011, §§ 1,
2; by Ord. 2011-09-02, 9/19/2011, Art. I; by Ord. 2013-04-01, 4/8/2013,
Arts. III, IV; and by Ord. 2014-01-01, 1/6/2014, Art. II]
A.Â
Agricultural Uses.
A1.Â
General Farming.
a.Â
Definition. The production of agricultural, horticultural, arboricultural,
viticultural and dairy products; the keeping of livestock, poultry
and the products thereof; the raising of fur bearing animals and the
products thereof; and bee raising. All buildings (barns, shed, silos,
etc.) associated with this use.
b.Â
Regulations.
1.Â
Minimum lot area: three acres.
2.Â
Any building or structure used for the keeping or raising of
bees, livestock, horses or poultry shall be situated not less than
100 feet from any street line or property line.
3.Â
Silos shall be situated not less than 1Â 1/4 times the height
of the silo from any street line or property line.
4.Â
Any building or structure, other than noted in Subsections b.2
and b.3 above, shall meet the lot width, yard and setback requirements
for Use B1 Detached Dwelling for the applicable zoning district.
5.Â
Animal density shall not exceed one animal equivalent unit per
acre on an annualized basis for the first five acres in a lot. For
every acre over five acres in a lot, the animal density shall not
exceed two animal equivalent units per acre on an annualized basis.
Farmland in the Township owned or rented on an annual basis by the
property owner, but not physically connected to the property, may
be used to meet this requirement.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
6.Â
Riding academies, livery or boarding stables and commercial
dog kennels are not included under this use.
7.Â
Retail sales shall meet the requirements of Use A3 Agricultural
Retail.
8.Â
This use may include no more than one single-family detached
dwelling unit. This detached dwelling unit must comply with the provisions
of § 27-305.B1, Single-Family Detached Dwelling, and with
the lot width and yard requirements of this B1 use in the applicable
zoning district.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
A2.Â
Crop Farming.
a.Â
Definition. The cultivating, raising, harvesting and storing of products
of the soil produced on the premises. The definition of crop farming
shall also include orchards, but shall not include, animal husbandry,
commercial forestry, riding academies, kennels, plant nurseries or
Christmas tree farms.
b.Â
Regulations.
1.Â
Minimum lot area: three acres.
2.Â
Indoor storage shall not occur in ways that threaten an explosion.
3.Â
This use may include no more than one single-family detached
dwelling unit. This detached dwelling unit must comply with the provisions
of § 27-305.B1, Single-Family Detached Dwelling, and with
the lot width and yard requirements of this B1 use in the applicable
zoning district.
[Added by Ord. No. 2020-11-04, 11/16/2020]
A3.Â
Agricultural Retail.
a.Â
Definition. The retail sales of agricultural products to the general
public at roadside stands or other structures.
b.Â
Regulations.
1.Â
Agricultural retail shall be an accessory use clearly subordinate
to primary agricultural uses.
2.Â
Products sold must be grown, produced or raised on the property.
3.Â
The maximum floor area of an agricultural retail structure shall
be limited to 2,000 square feet.
4.Â
Agricultural retail uses shall meet the yard and setback requirements
for the related primary agricultural use.
5.Â
The buffer requirements of this chapter shall be met.
A4.Â
Intensive Agricultural.
a.Â
Definition. Greenhouses; mushroom houses; feedlots; confinement livestock
or poultry operations taking place in structures or closed pens.
b.Â
Regulations.
1.Â
Minimum lot area: 10 acres.
2.Â
Any building or structure used for the keeping or raising of
livestock, horses or poultry shall be situated not less than 100 feet
from any street line or property line.
3.Â
Silos shall be situated not less than 1Â 1/4 times the height
of the silo from any street line or property line.
4.Â
Any building or structure, other than noted in Subsections b.2
and b.3, shall meet the lot width, yard and setback requirements for
Use B1 Detached Dwelling for the applicable zoning district.
5.Â
Maximum impervious surface ratio: 20%.
6.Â
All applicable regulations of the Pennsylvania Department of
Environmental Protection and any applicable federal regulations shall
be met.
7.Â
Feedlots, pens and confinement areas shall not be situated less
than 30 feet from any stream or swale. No structure or sewage waste
disposal system shall be constructed less than 100 feet of any stream
or swale.
8.Â
The raising of garbage-fed pigs is not permitted.
9.Â
Commercial dog kennels and the raising of animals for fur or
skins are not included in this use.
10.Â
No area for the storage or processing of manure, garbage, or
spent mushroom compost or structures for the cultivation of mushrooms
shall be situated less than 200 feet from any street or property line.
11.Â
Animal density shall not exceed two animal equivalent units
per acre on an annualized basis. Farmland in the Township owned or
rented on an annual basis by the property owner, but not physically
connected to the property, may be used to meet this requirement.
[Added by Ord. No. 2020-11-04, 11/16/2020]
A5.Â
Commercial Forestry.
a.Â
Definition. The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
b.Â
Regulations.
1.Â
A Forestry Management Plan shall be prepared and followed.
2.Â
This plan shall be prepared by a professional forester, who
has graduated from a college or university with a four-year degree
in Forest Resources Management.
3.Â
This Forestry Management Plan shall be submitted for an advisory
review by the Pennsylvania Bureau of Forestry and the Township Planning
Commission.
4.Â
The Forestry Management Plan shall be consistent with the Timber
Harvesting Guidelines of the Pennsylvania Forestry Association.
5.Â
Clear cutting shall be prohibited except on tracts of less than
two acres. This provision shall not apply to state game lands where
clear cutting is done to benefit the natural habitat.
6.Â
On tracts larger than two acres, at least 30% of the forest
cover (canopy) shall be kept 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 professional forester.
7.Â
An Erosion and Sedimentation Control Plan shall be submitted
to the Pennsylvania DEP and the County Conservation District for review
and recommendation.
8.Â
The Township may require restoration of the forested area based
upon state or federal regulations.
9.Â
Commercial forestry is prohibited on areas with slopes greater
than 25% or within the one-hundred-year floodway or wetlands.
A6.Â
Nursery.
a.Â
Definition. The raising of plants, shrubs and trees for wholesale
use.
b.Â
Regulations.
1.Â
Minimum lot area: two acres.
2.Â
Any building or structure including greenhouses shall meet the
yard, lot width and setback requirements for the applicable zoning
district for Use B1 Detached Dwelling.
3.Â
Maximum impervious surface ratio: 20%.
4.Â
All products sold shall be grown on the premises.
5.Â
No retail sales shall be permitted, except for the seasonal
sale of Christmas trees.
6.Â
This use may include no more than one single-family detached
dwelling unit. This detached dwelling unit must comply with the provisions
of § 27-305.B1, Single-Family Detached Dwelling, and with
the lot width and yard requirements of this B1 use in the applicable
zoning district.
[Added by Ord. No. 2020-11-04, 11/16/2020]
A7.Â
Garden Center.
a.Â
Definition. The retail sale of floral items, flowers, plants, shrubs
and trees in the field or indoors. This includes the sale of related
accessory items for lawn and garden decoration or care.
b.Â
Regulations.
1.Â
Lot Area. A lot area of not less than five acres shall be provided.
3.Â
Impervious Surface. Not more than 20% of the area of any lot,
excluding the ultimate right-of-way and stabilized drives between
nursery beds, shall be covered by impervious surfaces. Driveways and
parking areas used to service retail customers shall be paved.
4.Â
Building Height. No building or structure shall exceed 2Â 1/2
stories, or 35 feet, whichever is less.
A8.Â
Farm Support Facility.
a.Â
Definition. A commercial grain or commercial feed mill facility primarily
for the warehousing, sale and service of agricultural feed, supplies
and tools.
A9.Â
Commercial Kennel.
a.Â
Definition. An establishment, structure or any portion of a lot,
on or in which dogs, cats or other domestic animals are kept, housed,
raised, maintained or sheltered at any time, for any of the following
purposes; or which are subject to any of the following regulations.
Dog shows and/or competitions are specifically excluded.
1.Â
Keeping, housing or care of such animals for compensation.
2.Â
Training of such animals whether public or private.
3.Â
Public auction or sale of domestic animals.
4.Â
Veterinary care, or facilities therefore, requiring the boarding
or outdoor keeping of dogs, cats or domestic pets.
5.Â
Grooming, bathing, tick or insect removal facilities.
6.Â
Any other similar nonresidential use, determined by the Zoning
Officer or designated to be a commercial kennel.
b.Â
Regulations.
1.Â
2.Â
One off-street parking space shall be provided for each employee
of the kennel, plus a minimum of one parking space per acre of the
tract.
3.Â
The total number of dogs, cats, and other domestic pets on the
property shall not exceed 10 pets per acre, excluding pets under three
months old.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
4.Â
Stream Setback Requirement: No structure or sewage or waste
disposal system shall be placed or constructed within 100 feet of
any stream or natural watercourse or floodplain thereof. Pens or confinement
areas shall not be less than 30 feet from a swale or stream.
5.Â
No material shall be placed on or around any kennel in such
a manner that it is capable of being transferred out of the kennel
by wind, water or other natural causes.
6.Â
All paper, cloth and other fibers and activities involving same,
other than loading and unloading, shall be within fully enclosed buildings.
7.Â
All areas of the kennel tract, exclusive of the setback and
buffer zones shall be delineated and shall be surrounded by a suitable
fence at least eight feet in height, and maintained in good condition.
Any gate in such fence shall be similarly constructed and maintained,
and shall be kept locked at all times when the kennel is not in operation.
All kennel materials and activities not within fully enclosed buildings
shall be kept within the fenced in portion of the property, and shall
not be stacked, piled or otherwise caused to be higher than eight
feet above the natural grade of the portion of the property upon which
it is placed.
8.Â
All materials shall be stored in such a manner as to prevent
the breeding or harboring of rats, insects or other vermin. When necessary,
this shall be accomplished by enclosure in containers, raising of
materials above the ground, separation of types of materials, preventing
the collection of stagnant water, extermination procedures or other
means. The kennel shall be open to the periodic inspection of the
Bucks County Board of Health and New Britain Township.
9.Â
Where the proposed commercial kennel will adjoin residential
uses or lots, buffering shall be provided so as not to be less than
that outlined in Part 28.
10.Â
All methods and plans for sewage or waste disposal shall be
submitted to the appropriate authority or other regulating body and
shall be designed in accordance with all applicable regulations pertaining
to the treatment and disposal of sewage and wastes.
11.Â
No burning shall be carried on in any kennel. Fire shall be
prevented and hazards avoided by organization and segregation of stored
materials. The kennel shall be open to the inspection of the Township
Fire Marshal and other Township Officials, as deemed necessary.
12.Â
Concrete drainage areas shall be constructed and maintained
for the collection of waste and other liquids. All such liquids shall
be collected from kennels and other facilities and disposed of properly,
in accordance with applicable federal, state and local regulations.
No such liquids shall be allowed to flow or seep into the ground.
No hazardous or potentially hazardous chemical or any combustible
material or explosive type material may be stored or disposed of on
this site.
13.Â
The daily hours of operation for all kennels shall be limited
to between 7:00 a.m. and 7:00 p.m.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
14.Â
Permit Fee. The operation of a commercial kennel shall require
payment of an annual fee which shall be established.
15.Â
Administration/Enforcement. The standards contained within this
chapter shall apply including all administration enforcement proceedings,
as well as penalties for violation thereof.
16.Â
Buildings should be adequately soundproofed so that sounds generated
within the buildings are in compliance with the noise/sound provisions
of this chapter.
A10.Â
Riding Academy/Stable.
a.Â
Definition. An establishment where horses are boarded and cared
for and/or where instruction in riding, jumping and showing of horses
is offered and/or where the general public may hire horses for riding.
b.Â
Regulations.
1.Â
Minimum lot area: 10 acres.
2.Â
Any building or structure used for the keeping or raising of
livestock or horses shall be situated not less than 100 feet from
any street line or property line.
3.Â
Silos shall be situated not less than 1Â 1/4 times the height
of the silo from any street line or property line.
4.Â
Any building or structure, other than noted in Subsections b.2
and b.3 above, shall meet the lot width, yard and setback requirements
for Use B1 Detached Dwelling for the applicable zoning district.
5.Â
Animal density shall not exceed two animal equivalent units
per acre on an annualized basis. Farmland in the Township owned or
rented on an annual basis by the property owner, but not physically
connected to the property, may be used to meet this requirement.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
6.Â
Retail sales of related items shall be limited to a maximum
floor area of 750 square feet.
7.Â
The buffer requirements of this chapter shall be met.
8.Â
This use may include no more than one single-family detached
dwelling unit. This detached dwelling unit must comply with the provisions
of § 27-305.B1, Single-Family Detached Dwelling, and with
the lot width and yard requirements of this B1 use in the applicable
zoning district.
[Added by Ord. No. 2020-11-04, 11/16/2020]
A11.Â
Animal Hospital.
a.Â
Definition. Facilities routinely used for the medical treatment
and associated boarding of animals under the supervision of trained
veterinary professionals.
b.Â
Regulations.
1.Â
A minimum lot area of at least two acres shall be required for
those animal hospitals treating only small animals (such as cats,
birds or snakes). A minimum lot area of at least three acres shall
be required for those animal hospitals treating large animals (such
as cattle, horses or pigs).
[Amended by Ord. 2017-01-03, 1/23/2017]
2.Â
All buildings in which animals are housed or provided care shall
be located at least 100 feet from all lot lines.
3.Â
Buildings should be adequately soundproofed so that sounds generated
within the buildings are in compliance with the noise/sound provisions
of Township Ordinances.
4.Â
Outdoor animal runs may be provided for small animals so long
as the runs are at least 100 feet from any property line.
5.Â
Commercial kennels shall be permitted only as a use in association
with the animal hospital, provided requirements of Subsection A11
are satisfied.
A12.Â
A13.Â
Pet Resort.
a.Â
Definition. Facilities routinely used for daily and overnight
boarding of pets, doggy day care, grooming and spa services, training,
rehabilitation therapy, swim therapy, massage, exercise and socialization
of pets.
b.Â
Regulations.
1.Â
Area and Dimensional Requirements.
2.Â
A pet resort may board household pets such as dogs, cats, birds,
and the like. There shall be no boarding of livestock or larger animals
such as pigs, horses, cattle, or exotic animals.
3.Â
The capacity of a pet resort shall be limited as follows:
(a)Â
A maximum of 80 pets in day-care.
(b)Â
A maximum of 60 pets in boarding.
(c)Â
A daily maximum of 30 pets per day for grooming
or other purposes.
(d)Â
The Board of Supervisors reserves the right to
limit the maximum number of pets in any of the foregoing categories
as a condition of conditional use approval in the event that the condition
of the proposed facility is insufficiently sized to meet the maximum
capacities as outlined in the foregoing paragraphs. The Board may
consider the physical condition of the facility, floors, walls, ceilings,
inside pens, lighting, water facilities, ventilation, need for isolation
facilities, cages, and shelters from inclement weather when approving
a proposed pet resort.
4.Â
The use may include an accessory on-site retail component for
sale of pet food and pet accessories.
5.Â
Animals shall be housed indoors. There shall be no unsupervised
keeping of animals in outdoor pens, cages, or play areas. Supervised
outdoor exercise shall be permitted. No more than twenty dogs may
be in outdoor play areas at any given time, and no animals shall be
outdoors between 7:00 p.m. and 7:00 a.m. For agility training and
similar activities where dogs have supervision at a ratio of one person
to one dog this time limit shall not apply.
6.Â
Outdoor play areas shall be completely enclosed by a fence and
shall be adequately screened and buffered along all property lines.
The minimum buffer width shall be 25 feet. In no event shall any outdoor
play areas be permitted within the minimum required setback and/or
buffer areas.
7.Â
Buildings should be adequately sound proofed so that sounds
generated within the buildings are in compliance with the noise/sound
provisions of the Township ordinances.
8.Â
Hours of operation shall be 24 hours per day, but the hours
during which the facility is normally open to the public shall be
limited to 6:30 a.m. to 7:00 p.m. Emergency drop off or pick up, special
events, charity fundraisers and classes that take place on a nonrecurring
basis may take place after 7:00 p.m., but no later than 9:00 p.m.
9.Â
Animal waste shall be collected and disposed of in containers
and removed from the facility by a septic hauler and disposed of at
a properly licensed waste disposal facility. All conditional use applications
for a pet resort shall specify the proposed collection and storage
facilities for animal waste and identify coverage and impermeability
of collection facilities and length of storage time before disposal.
Proof of the septic hauler and proper disposal, and compliance with
the Bucks County Department of Health shall be submitted at the time
of the hearing.
10.Â
There shall be no breeding or retail sale of pets associated
with the use (this shall not preclude not-for-profit pet adoption
activities).
11.Â
A tract of land may be developed, used and occupied as and for
a pet resort use in addition to another principal use permitted in
the IO District.
12.Â
All pet resorts shall obtain licensing from the United States
Department of Agriculture and successfully meet any and all inspections
by the U.S.D.A. and successfully complete any and all inspections
by the U.S.D.A.
13.Â
All pet resorts shall provide one parking space per full-time
employee and one half parking space per part-time employee. Additionally,
all facilities shall provide for a temporary loading and unloading
area for the facility.
B.Â
Residential Uses.
B1.Â
Single-Family
Detached Dwelling. A dwelling unit accommodating a single-family on
an individual lot with private yards on all sides of the house, including
a factory-built modular home placed on a permanent perimeter foundation
and a mobile home placed in accordance with this chapter.
B2.Â
Cluster Subdivision.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
a.Â
Definition. Detached single-family dwelling units on individual lots
with private yards on all sides of the house and where the lots are
clustered to preserve common open space.
b.Â
Regulations.
1.Â
Permitted Uses in a Cluster Subdivision:
(a)Â
Single-family detached dwelling and permitted accessory uses.
2.Â
Maximum gross density of dwelling units in a cluster subdivision
shall not exceed the number of dwelling units allowed under Use B1
for the same site in the applicable zoning district.
3.Â
Open Space. Each site must provide enough open space to meet
the minimum open space ratio for the applicable zoning district. The
required open space shall meet the requirements for open space set
forth in this chapter. Each site must also observe the natural resource
protection standards for the site. In the event that the natural resource
protection standards require a greater area of open space than the
applicable minimum open space ratio, this greater area requirement
shall be met. Open space areas shall include all required buffer yards
and natural resource protection areas. An existing farmhouse and existing
accessory farm buildings shall be permitted in an open space area
that is at least five acres in size and shall count towards the density
of the site.
4.Â
Buffer Yards.
(a)Â
There shall be a minimum buffer yard of at least 50 feet separating
the lots within a cluster subdivision from adjacent residential properties
and existing public rights-of-way. The buffer yard shall be landscaped
in accordance with the provisions of this chapter. The buffer yard
shall not be included as part of the required minimum lot area or
minimum yard setbacks of any lot containing or proposed to contain
a residence.
1)Â
At the discretion of the Board of Supervisors, the fifty-foot buffer
requirement may be waived or reduced when the adjacent property contains
an existing buffer yard of at least 50 feet in depth.
2)Â
At the discretion of the Board of Supervisors, the fifty-foot buffer
requirement may be waived or reduced for the purpose of creating large
parcels of open space.
3)Â
When a buffer is waived or reduced by the Board of Supervisors in
accordance with this subsection, the minimum setback for the site
and the minimum rear yard setback for lots created along the perimeter
of the site shall be 75 feet for principal buildings and 50 feet for
accessory buildings or structures.
(b)Â
There shall be a minimum buffer yard of at least 50 feet to separate
the residential lots from any areas proposed for agricultural use
or active recreational use. Each such buffer area shall be landscaped
in accordance with the provisions of this chapter. The buffer yard
shall not be included as part of the required minimum lot area or
minimum yard setbacks of any lot containing or proposed to contain
a residence.
5.Â
Water and Sanitary Sewer Facilities.
(a)Â
A cluster subdivision shall be permitted only on land served
by a public sanitary sewer system or a nonpublic community sanitary
sewer system and a public water system or a nonpublic community water
system with water available for firefighting purposes either through
hydrants or surface storage.
(b)Â
If the water supply is drawn from the site, a water study shall
be prepared by the developer showing that the on-site water supply
is adequate for the needs of the proposed subdivision. In addition,
the developer shall enter into a well guarantee agreement with the
Township and shall provide the appropriate funds (based upon the size
of the proposed subdivision) to be escrowed with the Township to protect
surrounding individual wells that may be adversely affected by the
withdrawal of groundwater from the site and address any problems created
by this withdrawal of groundwater.
6.Â
Traffic Impact Study. The impact of the proposed cluster subdivision
on the Township's circulation system shall be analyzed and a written
traffic impact study shall be prepared in accordance with the provisions
of this chapter and submitted as part of the application.
7.Â
Open Space Covenants. Open space areas shall be offered for dedication
to the Township at the time of final approval of any cluster subdivision.
The Township may accept or reject, at its sole discretion, dedication
of any or all open space. If the dedication of open space is not accepted
by the Township, an alternative form of ownership must be proposed
in accordance with the requirements of this chapter and approved by
the Township.
B3.Â
Single-Family Semidetached Dwelling. One dwelling unit accommodating
one family that is attached to another unit and completely separated
from that unit by a vertical unpierced fire wall. Only one additional
unit and one side yard shall be adjacent to each dwelling unit. Each
unit shall be on a separate lot.
B4.Â
Two-Family Detached Dwelling. Two dwelling units within in one building,
and both dwelling units within one lot and without the dwelling units
being completely separated by vertical and horizontal fire walls.
The building shall have two side yards.
B5.Â
Single-Family Attached.
a.Â
Definition. A single-family dwelling unit that is attached to two
or more dwelling units or that is attached to a dwelling unit that
is attached to two more dwelling units and with each dwelling unit
being completely separated from each other by vertical fire resistant
walls. Each dwelling shall have its own outside access. Side yards
shall be adjacent to each end unit.
b.Â
Regulations.
[Amended by Ord. 2015-09-06, 9/21/2015]
1.Â
Single-Family Attached Lot Area. The building footprint plus
200 square feet for a patio or similar outdoor use. Maximum building
footprint not to exceed 3,000 square feet.
2.Â
Minimum lot width: 20 feet, except 26 feet if a lot has a garage
for two or more vehicles with a door(s) opening onto the front of
the dwelling or lot.
3.Â
Facade. For every attached grouping of single-family attached,
a minimum of two changes in the front wall plane shall be provided.
Such change shall involve a minimum variation or offset of four feet.
4.Â
Impervious surface ratio: maximum of 35%.
[Amended by Ord. 2017-06-07, 6/5/2017]
5.Â
Minimum front yard setback: 30 feet from an ultimate right-of-way
of a street, and 20 feet from any off-street parking space other than
a driveway leading to a garage or carport of an individual dwelling
unit.
6.Â
Units Attached: A maximum of eight dwelling units may be attached.
7.Â
Separation. All single-family attached shall be separated by
30 feet from any other principal building.
8.Â
Buffer Yard. A twenty-foot wide buffer yard with screening shall
be required, as described in Part 28, between any townhouse and any
abutting single-family detached dwelling.
B6.Â
Multifamily.
a.Â
Definition. Three or more dwelling units within a building that are
separated by only horizontal floors or by a combination of horizontal
floors and vertical walls. This shall include buildings with a maximum
height of 3-1/2 stories or 35 feet, whichever is less.
b.Â
Regulations.
[Amended by Ord. 2015-09-06, 9/21/2015]
1.Â
Minimum Tract Area: 5,000 square feet per dwelling unit or five
acres which ever is greater.
2.Â
Impervious surface ratio: maximum of 30% per lot.
[Amended by Ord. 2017-06-07, 6/5/2017]
3.Â
Minimum Building Setback: 50 feet from the ultimate right-of-way
of a street and 30 feet from any off-street parking spaces.
4.Â
Units: Maximum of 16 dwelling units per building.
5.Â
Separation: All Multifamily buildings shall be separated by
50 feet from any other principal building.
6.Â
Minimum tract width: 100 feet minimum at the ultimate street
right-of-way.
7.Â
Buffer Yards: A twenty-foot wide buffer yard with screening
shall be required, as described in Part 28, between any multifamily
and any abutting Single-family detached dwelling. The buffer yard
maintenance shall be the responsibility of the owner(s) of the multifamily
building.
B7.Â
Apartment Building.
[Amended by Ord. 2015-09-06, 9/21/2015; by Ord. 2017-06-07,
6/5/2017; and by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. Three or more dwelling units within a building that is
no taller than 40 feet, containing a maximum of 24 dwelling units
per building.
b.Â
Regulations. B7 Apartment Building uses shall meet the requirements
set forth below.
1.Â
Minimum lot area: 15 acres.
2.Â
Maximum Density: 14 dwelling units per gross acre of the site.
3.Â
Minimum Unit Size: 750 square feet.
4.Â
Impervious surface ratio: maximum of 60% per site.
6.Â
Setbacks:
Front:
|
50 feet
| |
Rear:
|
50 feet
| |
Side:
|
20 foot minimum, 60 foot aggregate, both side
|
7.Â
Separation: All apartment buildings shall be separated by 50
feet from any other principal building.
8.Â
Minimum Building Setback: 15 feet to 25 feet from any off-street
parking spaces or 10 feet from any curb line or any edge of paving.
Minimum Building Setback does not apply to driveways intended to serve
a single unit.
9.Â
Minimum Lot Width: 500 feet.
10.Â
Parking: In conformance with the requirements of § 27-2901; however, when two or more parking spaces per unit are required, 50% of all garage spaces may be counted toward this parking requirement, even when a parking space is located immediately in front of the garage.
11.Â
Community Center: Any residential community center or club-house
shall have a minimum size of 3,500 square feet. Any such center shall
be limited to use by residents of the community and no commercial
or retail use shall be permitted.
B8.Â
Mobile Home Park I.
a.Â
Definition. A parcel of land which has been so designed and improved
that it contains 10 or more mobile home lots for the placement thereon
of mobile homes. Modular homes are not permitted in this district.
b.Â
Regulations.
1.Â
Dimensional Requirements.
[Amended by Ord. 2017-06-07, 6/5/2017]
Rear
|
Minimum Lot Area Between
(square feet)
|
Minimum Lot Width at Building Setback
(feet)
|
Maximum Building Coverage Ratio
(%)
|
Maximum Distance Between Units
(feet)
|
Minimum Yards
(feet)
| ||
---|---|---|---|---|---|---|---|
Front
|
Side
|
Rear
| |||||
Single-wide
|
4,800
|
45
|
25%
|
20
|
10
|
15
|
20
|
Double-wide Units
|
6,500
|
60
|
25%
|
20
|
10
|
15
|
20
|
3.Â
The following conditions shall also apply:
(a)Â
No more than one mobile home shall be placed on a mobile home
lot and such mobile home shall be occupied by not more than a single
family.
(b)Â
The area between the ground level and the perimeter of the mobile
home shall be enclosed by means of a suitable skirting.
(c)Â
Each mobile home shall be placed on a permanent foundation of
at least eight poured concrete or masonry pillars set on a concrete
base at least eight inches thick. The pillars shall be spaced no more
than 10 feet apart with the end piers being no farther than five feet
from the ends of the unit. The pillars shall be at least one by two
feet in size and at least 36 inches below grade. Each pillar shall
have installed a tie-down ring to which the mobile home shall be secured.
The anchoring system shall be approved by the Township Engineer.
4.Â
Every mobile home shall have access to an improved street in the mobile home park in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].
5.Â
The minimum number of spaces completed and ready for occupancy
before the first occupancy is permitted shall be 10.
6.Â
No space shall be rented for residential use of a mobile home
in any such park except for periods of 30 days or more.
7.Â
Plans for any mobile home park shall be submitted in conformance with the Township Subdivision and Land Development Ordinance [Chapter 22] and applicable Township ordinances.
8.Â
Public or community sewer and water services shall be provided in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22] and the Township Sewage Facilities Plan.
9.Â
A buffer yard shall be provided around the perimeter of the
mobile home park in accordance with the provisions of this chapter.
B9.Â
Mobile Home Park II.
a.Â
Definition. A parcel of land which has been so designed and improved
that it contains 10 or more mobile home lots for the placement thereon
of mobile homes. In addition, the mobile homes must be occupied and
used by and for single individuals 55 years of age or older, married
couples at least one of which is 55 years of age or older; two persons
other than married couples both of whom are 55 years of age or older;
one person 18 years of age or older residing within a dwelling unit
with one or two persons 55 years of age or older, if the presence
of such person is essential for the physical care of another resident
of the dwelling unit. Modular homes are not permitted in this district.
b.Â
Regulations.
1.Â
Dimensional Requirements.
[Amended by Ord. 2017-06-07, 6/5/2017]
Minimum Lot Area
(square feet)
|
Minimum Lot Width at Building Setback
(feet)
|
Maximum Building Coverage Ratio
(%)
|
Minimum Distances Between Units
(feet)
|
Minimum Yards
(feet)
| |||
---|---|---|---|---|---|---|---|
Front
|
Side
|
Rear
| |||||
Single-wide
|
3,600
|
36
|
30%
|
20
|
8
|
10
|
16
|
Double-wide Units
|
4,500
|
50
|
35%
|
20
|
8
|
10
|
16
|
3.Â
The following conditions shall also apply:
(a)Â
No more than one mobile home shall be placed on a mobile home
lot and such mobile home shall be occupied by not more than a single
family.
(b)Â
The area between the ground level and the perimeter of the manufactured
home shall be enclosed by means of a suitable skirting.
(c)Â
Each mobile home shall be placed on a permanent foundation of
at least eight poured concrete or masonry pillars set on a concrete
base at least eight inches thick. The pillars shall be spaced no more
than 10 feet apart with the end piers being no farther than five feet
from the ends of the unit. The pillars shall be at least one by two
feet in size and at least 36 inches below grade. Each pillar shall
have installed a tie-down ring to which the mobile home shall be secured.
The anchoring system shall be approved by the Township Engineer.
4.Â
Every mobile home shall have access to an improved street in the mobile home park in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].
5.Â
The minimum number of lots completed and ready for occupancy
before the first occupancy is permitted shall be 10.
6.Â
No lot shall be rented for residential use of a mobile home
in any such park except for periods of 30 days or more.
7.Â
Plans for any mobile home park shall be submitted in conformance with the Township Subdivision and Land Development Ordinance [Chapter 22] and applicable Township ordinances.
8.Â
Public or community sewer and water services shall be provided in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22] and the Township Sewage Facilities Plan.
9.Â
A buffer yard shall be provided around the perimeter of the
manufactured home park in accordance with the provisions of this chapter.
B10.Â
Village House Development.
a.Â
General Regulations.
1.Â
Regulations.
(a)Â
Minimum gross site area: 20 acres.
(b)Â
Minimum site width: 200 feet.
(c)Â
Access. The site must have access to a collector road, or higher, as defined by the New Britain Township Subdivision and Land Development Ordinance [Chapter 22].
(d)Â
Density. The maximum density shall not exceed two
dwelling units per acre of the net buildable site area. However, a
B10 Development with de minimis reductions (less than 5% of natural
resource protected land) in the site capacity calculations as set
forth in Part 24 shall not result in a lowering of site density.
(e)Â
Open Space. A minimum of 50% of the base site area.
The location of the open space shall be subject to the approval of
the Board of Supervisors. A substantial portion of the open space
shall be contained in a large contiguous area.
(f)Â
Dwelling Types. Single-family detached dwelling
and permitted accessory uses.
2.Â
A Village House Development shall be designed in a "village
style" layout with homes situated close to the roads and garages located
to the rear of the dwelling units.
3.Â
Alley, Garages.
(a)Â
Alleys are required in the SR-1 District under
Village Home (VH) conditional use, as a means for providing direct
off-street parking and access for narrow lots, except where waived
by the Board.
(b)Â
Alleys shall be designed in accordance with the New Britain Township Subdivision and Land Development Ordinances [Chapter 22].
(c)Â
Alleys are intended to provide access to the rear
of residential lots for services and on-lot parking.
(d)Â
Frontage on an alley shall not be construed to
satisfy the requirements of this chapter for frontage on a street.
(e)Â
A separate two-car garage structure is required.
Garages will be offset from the garage across the alley. The garage
shall have a minimum side yard setback of five feet. Garages that
are semidetached are permitted.
4.Â
Where alleys and garages are provided for all homes on a street,
the Board may approve a reduction in street width to 24 feet. Otherwise,
street width shall be 26 feet.
5.Â
Curb Cuts. Curb cuts shall be permitted only on lots that do
not have alley frontage. The maximum width of the curb cut at the
street shall be 12 feet, plus 18-inch flare at the curb.
6.Â
Parking. In addition to the parking standards of this chapter and the Subdivision and Land Development Ordinance [Chapter 22], all streets shall be designated no parking on one side and two hour parking on the other side. Overflow parking spaces shall be provided on the site to accommodate spaces totaling 20% of the total dwelling units.
7.Â
There shall be a homeowners association that, in addition to the requirements of this chapter and the Subdivision and Land Development Ordinance [Chapter 22], shall maintain stormwater facilities, common open space, alleys (to local streets standard of the SALDO) and shall contract for development-wide trash collection. Association rules shall require trash containers to be in opaque standards of the community to assure the continuation of the village style, colors and architecture.
8.Â
Utilities. All utilities shall be underground. All utility boxes,
transformers, dog houses and the like shall only be located in areas
designated for the same.
9.Â
Streetlights. Streetlights may be of a distinctive colonial
style if they will be owned and maintained by the homeowners association.
If the streetlights are to be owned and maintained by the Township,
they shall be of Township standard for number, location and style.
b.Â
Dimensional Standards.
1.Â
Minimum lot area: 5,500 square feet.
2.Â
Minimum lot width: 50 feet.
3.Â
Minimum lot depth: 110 feet, excluding alley width.
4.Â
Minimum front yard: 10 feet.
5.Â
Minimum side yard: five feet, 20 feet aggregate.
6.Â
Minimum rear yard: eight feet.
7.Â
Minimum dwelling unit size: 1,600 square feet, excluding garage,
unheated spaces and basements whose height is more than 1/2 below
grade.
8.Â
Minimum garage size: 22 feet by 22 feet.
9.Â
Maximum building coverage ratio per lot: 40%.
[Amended by Ord. 2017-06-07, 6/5/2017]
10.Â
Maximum impervious surface ratio: 70%.
11.Â
Maximum building height: 35 feet.
12.Â
Permitted projection into required yard: five feet (front) and
two feet (side).
13.Â
Parking Standards: Two spaces per dwelling unit, plus two spaces
per garage per dwelling unit.
14.Â
Snow Removal: All common areas shall have a blanket easement
for the deposit of snow. One area of 10 feet by 15 feet per 20 dwelling
units or portion thereof will be eased in areas designated by the
Public Works Superintendent for deposit of snow.
c.Â
Design Criteria.
1.Â
All dwelling units proposed as part of a Village House Development
shall be subject to conditional use review and approval by the New
Britain Township Board of Supervisors.
2.Â
Design criteria, which may be modified during the conditional
use process shall include, but not be limited to:
(a)Â
Roofs shall be steeply pitched and irregularly
shaped. Front facing gables shall have a minimum pitch of 10/12. Roofs
shall have patterned or textured shingles and any overhangs shall
be a minimum of 12 inches and rake projections must be a minimum of
eight inches.
(b)Â
Street facing windows and a minimum of 60% of all
other windows shall have a dimension ratio of 2/1 or greater. Bay,
angled, walkout and boxbay windows shall be permitted.
(c)Â
Facades on adjacent lots shall be dissimilar.
(d)Â
Deed restrictions and homeowners association documents
shall limit the opacity of fences to not more than 25%.
(e)Â
Each dwelling shall have a minimum of two of the
following street front features:
1)Â
An unenclosed porch, running across at least 3/4
of the house front and being at least seven feet in width.
2)Â
A front yard raised above sidewalk grade by at least
18 inches with a retaining wall of at least 18 inches at the sidewalk
line.
3)Â
A front yard enclosed by a permanent wall or fence
of wood, wrought iron or masonry construction at least 30 inches,
but not more than 42 inches in height.
4)Â
A hedge across the width of the front yard, except
for locations where crossed by driveways, pedestrian path or sidewalks.
5)Â
Front facing foundations may be brick, stone or
stucco.
(f)Â
Minimum ground floor elevations of 18 inches above
sidewalk elevation.
B11.Â
Planned Residential Development (PRD).
[Added by Ord. 2015-09-06, 9/21/2015]
a.Â
Definition. Planned residential development shall be permitted
as an optional form of development. The review and approval process
shall follow the procedures described in the Pennsylvania Municipalities
Planning Code for PRDs.
b.Â
Use Regulations.
1.Â
In a PRD, the following uses shall be permitted by right:
A2
|
Crop Farming
| ||
B1
|
Single-Family Detached Dwelling
| ||
B2
|
Cluster Subdivision
| ||
B3
|
Single-Family Semidetached Dwelling
| ||
B4
|
Two-Family Detached Dwelling
| ||
B5
|
Single-Family Attached
| ||
B6
|
Multifamily
| ||
B7
|
Apartment Building
| ||
E1
|
Public Recreational Facility
| ||
E2
|
Private Recreational Facility
| ||
E8
|
Library or Museum
| ||
F1
|
Municipal Building
| ||
H
|
Residential Accessory Uses:
| ||
H1
|
Garage, Off-Street Parking
| ||
H2
|
Storage Shed
| ||
H3
|
Fences, Walls
| ||
H4
|
Noncommercial Swimming Pools
| ||
H5
|
Tennis Court
| ||
H10
|
Air Conditioner
| ||
H12
|
Garage or Yard Sale
| ||
H13
|
Household Pets
| ||
L
|
General Accessory Uses and Structures
| ||
L4
|
Temporary Community Event
| ||
L9
|
Off-Street Parking
| ||
L10
|
Signs
|
2.Â
In a PRD, the following uses shall be permitted by special exception:
E7
|
Community Center
| ||
F2
|
Emergency Service Center
| ||
H
|
Residential Accessory Uses:
| ||
H6
|
Residential Solar Energy System
| ||
H7
|
Residential Wind Energy System
| ||
H8
|
Satellite Antennas
| ||
H9
|
Amateur Radio Antennas
| ||
H15
|
Home Occupation
|
c.Â
Performance and Design Regulations.
1.Â
In a PRD, there is no requirement that the individual dwellings
or uses be placed on separate lots. Where the PRD is not fully lotted
out (each dwelling/use placed on a separate lot), the applicant shall
submit a "conformance plan" showing that the unlotted portion of the
development, as designed, could conform with all zoning requirements
if it was fully lotted out.
2.Â
Minimum site area: 20 acres.
3.Â
Minimum open space: 40%.
4.Â
Maximum density: five dwelling units and/or nonresidential uses
per acre.
5.Â
Maximum impervious surface coverage for the site: 35%.
6.Â
Performance Standards:
[Amended by Ord. 2017-06-07, 6/5/2017]
Use
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Building Coverage Ratio
(%)
|
Maximum Lot Impervious Surface Ratio
(%)
|
Minimum Yards for Each Lot
(feet)
| ||
---|---|---|---|---|---|---|---|
Front
|
Side
(each)
|
Rear
| |||||
B1
|
10,000
|
80 (at setback)
50 (at ROW)
|
20%
|
25%
|
35
|
15
|
40
|
B2
|
8,500
|
70 (at setback)
50 (at ROW)
|
25%
|
30%
|
30
|
10
|
35
|
B3
|
8,500 (per unit)
|
70 (at setback)
50 (at ROW)
|
25%
|
30%
|
30
|
10
|
35
|
B4
|
15,000
|
75 (at setback)
50 (at ROW)
|
20%
|
30%
|
30
|
15
|
35
|
B5, B6, B7
|
Must comply with the individual use regulations described in § 27-305
| ||||||
Other
|
15,000
|
70 (at setback)
50 (at ROW)
|
20%
|
25%
|
50
|
20
|
50
|
7.Â
Dwelling Unit and Use Mix.
Total Dwelling Units
|
Minimum Number of Dwelling Types
|
Maximum % of Any Dwelling Type
|
Minimum % of Any Dwelling Type
|
---|---|---|---|
1 to 49
|
1
|
—
|
—
|
50 to 199
|
2
|
60%
|
15%
|
200 to 499
|
3
|
60%
|
10%
|
500+
|
4
|
60%
|
5%
|
(a)Â
There must be a minimum of 50 dwelling units in
a PRD before a nonresidential use can be included in the PRD. Thereafter,
there can be one nonresidential use per 25 dwelling units.
8.Â
Accessory Uses and Structures. Accessory uses and structures,
such as fences, decks, storage sheds, etc., shall be regulated by
deed restrictions and the regulations of the homeowners' association.
9.Â
Special Parking Regulations.
(a)Â
Parking for the PRD shall be the sum of the required
parking for each individual use per Part 29, or the sum of one parking
space per 200 square feet of total floor area of any nonresidential
use plus three parking spaces for each dwelling unit, whichever is
greater. In addition, two employee parking spaces per nonresidential
use shall be provided.
(b)Â
Parking spaces shall be located on the same lot
as the dwelling or use they are required to serve. Where the dwellings
or uses are not located on separate lots, the parking spaces shall
be located within 50 feet of the dwelling or use they are required
to serve.
(c)Â
Five-tenths parking space per dwelling unit and
0.25 parking space per nonresidential use shall be provided upon the
site as overflow parking.
(d)Â
Sufficient loading and unloading areas shall be
provided for each nonresidential building along the rear of the building,
in accordance with Part 29 and subject to approval by the Board of
Supervisors during the PRD hearing.
10.Â
Buffer Yards.
(a)Â
There shall be a minimum buffer yard of at least
50 feet separating the PRD from adjacent residential properties and
existing public rights-of-way. The buffer yard shall be landscaped
in accordance with the provisions of this chapter. No proposed lot
area or required yard area shall be calculated as part of the required
buffer area.
1)Â
The fifty-foot buffer requirement may be waived
or reduced when the adjacent property contains an existing buffer
yard of at least 50 feet in depth.
2)Â
The fifty-foot buffer requirement may be waived
or reduced for the purpose of creating large parcels of open space.
When a buffer is not required by the Board of Supervisors, the minimum
setback on the perimeter of the site shall be 75 feet.
(b)Â
There shall be a minimum buffer yard of at least
50 feet to separate the residential lots from any areas proposed for
agricultural use, nonresidential use, or active recreational use.
Each such buffer area shall be landscaped in accordance with the provisions
of this chapter. The buffer yard shall not be calculated in the required
residential lot area or required yard area.
C.Â
Institutional Uses.
C1.Â
Hospital.
a.Â
Definition. A use that is licensed by the American Hospital Association
and involves the diagnosis, treatment or other medical care of humans
that includes care requiring stays overnight and that may also include
outpatient care. A medical care use that does not involve stays overnight
shall be considered a "Medical Office." A hospital may involve care
and rehabilitation for medical, dental or mental health, but shall
not include housing of the criminally insane nor primarily involve
housing or treatment of persons actively charged with or serving a
sentence after being convicted of a felony. A hospital may also involve
medical research and training for health care professions.
b.Â
Regulations.
1.Â
Shall be located on a lot with its main access onto an arterial or collector street, as defined by the Subdivision and Land Development Regulations [Chapter 22].
2.Â
At least two access roads with a minimum width of 20 feet shall
be provided from such arterial or collector street.
3.Â
More than one means of emergency access to the property shall
be provided.
4.Â
All facilities shall be located on the ground floor, unless
an elevator sufficient to accommodate rolling beds or litters provides
access to other than ground floor levels.
5.Â
The Board of Supervisors may set such conditions as deemed necessary
beyond state requirements for fire safety.
6.Â
Adequate measures shall be taken to comply with Township Ordinances.
7.Â
Shall have a minimum lot area of 10 acres.
[Amended by Ord. 2017-01-03, 1/23/2017]
C2.Â
Nursing Home.
a.Â
Definition. A facility licensed by the state for the housing and
intermediate or fully-skilled nursing care of four or more persons.
b.Â
Regulations.
1.Â
The Board of Supervisors may set such conditions as deemed necessary,
beyond state requirements, for fire safety.
2.Â
The use shall provide a minimum of 20% of the site suitable
and developed for passive recreation. This area shall include outdoor
sitting areas and pedestrian walks.
3.Â
The density shall not exceed more than 1,000 square feet of
total lot area per bed or resident.
4.Â
Setback: Principal and accessory buildings shall be set back
a minimum of 100 feet from the lot line of an existing dwelling. All
other setback requirements of the zoning district this use is located
in shall be met.
[Amended by Ord. 2017-06-07, 6/5/2017]
5.Â
Adequate provisions shall be in place to protect residents and
secure the premises. This should include a secure fence along any
lot line abutting an arterial or collector street.
6.Â
Minimum lot area shall be 10 acres.
[Amended by Ord. 2017-01-03, 1/23/2017]
C4.Â
Group Home.
a.Â
Definition. A use involving the residence of more than one person
who may or may not related by blood, marriage, adoption or formal
foster relationship to a family living in a dwelling unit, need nonroutine
support services, and who reside in a family-like residential environment.
This shall only include a use licensed or certified under an appropriate
state program. These residents are intended to be persons who might
otherwise be confronted with institutionalization. Group homes shall
be limited to persons needing special care and oversight because of
physical illness or infirmity, age, physical disability, mental illness
that is not criminal in nature, mental retardation or emotional disability
not criminal in nature.
b.Â
Regulations.
1.Â
A special exception approval shall be required and shall be
contingent upon the manner of operation and nature of the group home.
If the type of client or operation should significantly change, a
new application shall be submitted for a special exception.
2.Â
A statement setting forth full particulars on the operation
to be conducted and to include any needed approvals of the Pennsylvania
Departments of Health, Labor and Industry, Aging and Public Welfare
shall be filed with the Township where applicable.
3.Â
The group home shall register its location, number of residents
and sponsoring agency with the Township and such information shall
be available to the public.
4.Â
Dwelling Type. A group home shall only be allowed in a single-family
detached house.
5.Â
There shall be twenty-four-hour supervision by people qualified
by training and experience in the field for which the group home is
intended.
6.Â
The use shall be licensed under the applicable state program.
7.Â
Any medical or counseling services provided shall occur on the
lot only for residents and up to two nonresidents.
8.Â
The lot on which a Group Home is located shall be at least 500
feet from the lot on which another Group Home is located; (such distance
shall be measured in a horizontal straight line from the nearest point
on one lot to the nearest point on the other lot).
9.Â
One off-street parking space shall be provided for a) the supervisor,
b) each additional employee per shift and c) every two residents reasonably
capable of driving a vehicle.
10.Â
The group home activity shall not be related to criminal rehabilitation
of either juveniles or adults nor the criminally insane nor serious
alcohol or drug addiction, nor the care or housing of any persons
prone to violence.
11.Â
If the group home is an existing or new structure, located in
a residential district it shall be maintained and/or constructed to
ensure that it is closely similar in appearance, condition and character
to the other residential structures in the area.
12.Â
The group home shall notify the Township if there is any suspension,
loss or change in type of certification by the state.
13.Â
Minimum lot area. Unless a larger minimum is required in a specific
district, the following is required for each applicable number of
clients in a group home in a single-family detached dwelling:
(a)Â
One to five clients: 20,000 square feet minimum
lot area.
[Amended by Ord. 2017-01-03, 1/23/2017]
(b)Â
Six to seven clients: 30,000 square feet minimum
lot area.
[Amended by Ord. 2017-01-03, 1/23/2017]
(c)Â
Eight clients: 40,000 square feet minimum lot area.
[Amended by Ord. 2017-01-03, 1/23/2017]
(d)Â
No group home shall include more than eight clients.
14.Â
Off-street parking areas of more than five spaces shall be buffered
from adjacent existing single-family dwellings by an appropriate evergreen
planting screen.
15.Â
Utilities. Both public water and public sewer service shall
be provided.
C5.Â
Inpatient Drug and Alcohol Rehabilitation Center.
a.Â
Definition. A residential care facility for the treatment of chemical
substance and alcohol abuse.
b.Â
Regulations.
1.Â
A special exception approval shall be required and shall be
contingent upon the manner of operation and nature of the group home.
If the type of client or operation should significantly change, a
new application shall be submitted for a special exception.
2.Â
There shall be no out-patient care.
3.Â
There shall be no detoxification facilities.
4.Â
The facility must be a licensed non-hospital freestanding drug
and alcohol rehabilitation facility with the Commonwealth of Pennsylvania.
5.Â
The minimum lot area shall be 0.5 acre for each patient bed.
6.Â
There shall be a landscaped buffer area of 100 feet around the perimeter of the site. Buffering shall meet the requirements of § 27-2802 of this chapter.
7.Â
Twenty percent of the lot shall be developed for active and
passive recreation facilities. A minimum of 5% shall be active.
8.Â
There shall be a staff to patient ratio of 6:1 during the period
7:00 a.m. to 10:00 p.m.
C6.Â
Adult Day Care.
[Added by Ord. 2015-09-06, 9/21/2015; amended by Ord. 2016-05-01,
5/16/2016]
a.Â
Definition. A use involving the supervised care of four or more adults
with functional impairments, as defined by the commonwealth, outside
of their home for periods of 18 hours or less and that does not involve
overnight stays. The facility shall provide daily living services,
including personal care, nutritional, health, social, educational,
recreational, therapeutic, rehabilitative, habilitative, and developmental
activities.
b.Â
Regulations.
1.Â
Minimum lot size shall be one acre or the minimum lot area for
other permitted uses in the applicable zoning district, whichever
requirement is greater.
2.Â
A minimum of 20% of the site shall be suitable and developed
for passive recreation. This area shall include outdoor sitting areas
and pedestrian walks and shall be enclosed by a six-foot fence.
3.Â
Adequate provisions shall be in place to protect residents and
secure the premises. This should include a secure fence along any
lot line abutting an arterial or collector street.
4.Â
The minimum yard, setback and lot width requirements for other
permitted uses in the applicable zoning district shall be met.
5.Â
The buffer requirements of this chapter shall be met.
6.Â
The days and hours of operation shall be limited to Monday through
Saturday, 7:00 a.m. through 6:00 p.m.
c.Â
This use does not include services provided for persons whose needs
are such that they can only be met in a long-term-care facility on
an inpatient basis receiving professionally supervised nursing care
and related medical and other health services.
d.Â
The applicant for an adult day care shall obtain a license from the Pennsylvania Department of Aging in compliance with Title 6, Chapter 11, of the Pennsylvania Code before an occupancy permit is issued for the use.
e.Â
The Board of Supervisors may set such conditions as deemed necessary
for firesafety, beyond state requirements.
f.Â
Sufficient facilities for passenger loading and unloading shall be
provided. A dropoff area and automobile stacking lane shall be provided.
g.Â
The applicant shall comply with all applicable state and federal
laws, rules, and regulations.
h.Â
The operator of the use shall submit annually and/or upon revision
the state-required and approved emergency operations plan to the Township
and the local fire and emergency medical services companies.
D.Â
Educational Uses.
D1.Â
Nursery School/Day-Care Center.
a.Â
Definition. A use involving the supervised care of children outside
of their home under age 16 for periods of 18 hours or less and that
does not involve overnight stays. This use may also include educational
programs that are supplementary to state required education. This
use shall meet the applicable state requirements for minimum number
of students.
b.Â
Regulations.
[Amended by Ord. 2015-09-06, 9/21/2015]
1.Â
Minimum lot area shall be one acre or the minimum lot area for
other permitted uses in the applicable zoning district, whichever
requirement is greater.
2.Â
The maximum number of children shall be 25 children per acre.
3.Â
The minimum yard, setback and lot width requirements for other
permitted uses in the applicable zoning district shall be met.
4.Â
An outdoor play area shall be provided. This area shall be fully
enclosed by a four-foot high fence and shall be located to the side
or rear of the lot. The minimum required areas of such an outdoor
recreational facility shall be 100 square feet for each child.
5.Â
The buffer requirements of this chapter shall be met.
6.Â
Prior to final approval of this use by the Zoning Hearing Board
and the granting of a permit by the Zoning Officer, the applicant
must obtain a license from the Department of Public Welfare, Bureau
of Child Development Programs. Licensure is certification of compliance
with Chapter II, Section 8A, of the Department of Public Welfare's
Social Services manual by this Department to the applicant, subject
to licensure under Article X of the Public Welfare Code.
7.Â
Outside play areas in residential districts shall be limited
to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet
of a dwelling.
8.Â
No portion of an outside play area shall be 30 feet or less
from an adjacent existing occupied dwelling.
D2.Â
College, Primary or Secondary School.
a.Â
Definition. Religious, sectarian or nonsectarian, denominational
or public educational institution providing educational programs at
the college, primary and secondary scholastic levels; shall not include
commercial trade schools.
b.Â
Regulations.
1.Â
Access shall be taken only from an arterial or collector highway.
2.Â
Dimensional Requirements.
Primary or Secondary School
|
College
| ||
---|---|---|---|
Minimum lot area:
|
10 acres
|
10 acres
| |
Minimum lot width:
|
200 feet
|
150 feet
| |
Minimum front yard:
|
75 feet
|
60 feet
| |
Minimum side yard:
|
100 feet
|
75 feet
| |
Minimum rear yard:
|
100 feet
|
75 feet
|
3.Â
Outdoor play areas shall be 60 feet from all property lines.
4.Â
The buffer requirements of this chapter shall be met.
E.Â
Recreational Uses.
E1.Â
Public Recreational Facility.
a.Â
Definition. Recreational facility or park, owned or operated by the
Township or other governmental agency.
b.Â
Regulations.
1.Â
No outdoor active recreation area shall be located nearer to
any lot line than 100 feet.
2.Â
Outdoor play areas shall be sufficiently screened and insulated
so as to protect the neighborhood from inappropriate noise and other
disturbances.
3.Â
The buffer requirements of this chapter shall be met.
E2.Â
Private Recreational Facility.
a.Â
Definition. A recreational facility operated by a nonprofit organization,
and open only to bona fide members and guests of such nonprofit organizations.
b.Â
Regulations.
1.Â
Minimum lot area: five acres.
2.Â
The use shall not include amusement parks, wild animal parks
or zoos.
3.Â
No outdoor active recreation area shall be located nearer to
any lot line than 100 feet.
4.Â
Outdoor play areas shall be sufficiently screened so as to protect
the neighborhood from inappropriate noise and other disturbances.
The buffer requirements of this chapter shall be met.
E3.Â
Campground.
a.Â
Definition. A tract of land and buildings or structures planned as
a whole for seasonal recreational use primarily by transients, travelers,
or including privately operated recreational or instructional camps
for boys or girls, either of which includes two or more cottages for
shelter or sleeping purposes and/or recreational vehicles or camping
sites for lease.
b.Â
Regulations.
1.Â
Minimum site area: 10 acres.
2.Â
The main use of the proposed development shall be seasonal,
that is for periodic use over a limited number of months during particular
seasons of the year, and no occupant shall be permitted to remain
for a total period exceeding 120 days during any one calendar year
with the exception of a caretaker, grounds keeper or other staff.
3.Â
Sewage disposal methods shall conform with the requirements
of the Bucks County Department of Health and New Britain Township
regulations.
4.Â
Completely detached buildings or structures on the same lot
shall not be less than 20 feet from one another.
5.Â
Adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties shall comply with § 27-2200 of this chapter.
6.Â
The buffer requirements of this chapter shall be met.
7.Â
There shall be a maximum average of two recreational vehicle
sites or five family tent sites or two cabins per acre of total lot
area. Vehicles, tents, and campsites shall have a maximum sleeping
capacity of six persons.
E4.Â
Commercial Swimming Pool.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
a.Â
Definition. Any man-made structure or area including water with a
depth greater than six inches that is used or intended primarily to
be used for swimming, including, but not limited to, in-ground swimming
pools, aboveground swimming pools, wading pools, spas, hot tubs; and
their appurtenant equipment and facilities, including, but not limited
to, pumps, filters, and decks; and where such structures/areas are
not limited to use by members of one household and their guests. This
use includes, but is not limited to, a swim club or a pool open to
the general public, a specific community, or tenants of an apartment
building.
b.Â
Regulations.
1.Â
All pools shall be entirely enclosed by a well-maintained fence,
at least seven feet high, and with self-latching gates. The fence
and gates shall be adequately designed, installed, and maintained
to keep out children and shall conform with the Township Building
Code.
2.Â
All pools shall meet the applicable state and federal public
bathing requirements.
3.Â
All swimming pools and their appurtenant equipment and facilities
shall fully comply with the Township Building Code.
4.Â
Swimming pools and their appurtenant equipment and facilities
shall not be located within any of the required minimum yards.
5.Â
The pool may be lighted by underwater or exterior lights, or
both, provided all exterior lights are fully shielded and are located
so that the light is neither directed nor reflected upon adjacent
properties in such a manner as to be a nuisance or an annoyance to
neighboring properties.
6.Â
There shall be no cross-connection with a public sewerage system.
7.Â
The permanent inlet shall be above the overflow level of the
pool.
8.Â
Prior to permit approval, it shall be demonstrated that the
drainage of a pool is adequate and will not interfere with the water
supply system, existing sewage facilities, public streets, or neighboring
properties.
9.Â
Self-contained, aboveground hot tubs may be located no closer
than 10 feet to a principal building upon the property.
E6.Â
Golf Course.
a.Â
Definition. Golf course (not including miniature golf course), including
club house, restaurant and other accessory uses, provided these are
clearly accessory to the golf course.
b.Â
Regulations.
2.Â
No building shall be closer than 100 feet to any lot line.
3.Â
The maximum building coverage ratio shall be 5% and the maximum
impervious surface ratio 10%.
[Amended by Ord. 2017-06-07, 6/5/2017]
4.Â
Fairways and greens shall be setback a minimum of 100 feet from
the lot line of any existing dwelling.
F.Â
Public, Semipublic Uses.
F1.Â
Municipal Building/Use.
a.Â
Definitions. New Britain Township municipal buildings or uses including
administration buildings, police facilities, recreation facilities,
libraries, road maintenance facilities, and emergency management facilities.
b.Â
Performance Standards/Dimensional Requirements.
1.Â
On any lot, more than one building or use may be erected or
used for municipal use purposes.
2.Â
Dimensional Criteria:
a)Â
Minimum lot area: one acre.
b)Â
Minimum front yard: 50 feet.
c)Â
Minimum side yard: 25 feet.
d)Â
Minimum rear yard: 50 feet.
e)Â
Maximum building height: 45 feet.
f)Â
Maximum building coverage ratio: 50%.
[Amended by Ord. 2017-06-07, 6/5/2017]
g)Â
Maximum impervious surface ratio: 65%.
[Amended by Ord. 2017-06-07, 6/5/2017]
h)Â
All municipal buildings or uses shall be screened with evergreen
plantings and/or solid fencing as approved by the Township Zoning
Officer for the use if adjacent to a residentially occupied dwelling.
F2.Â
Emergency Service Center.
a.Â
Definition. A building for the housing of fire, ambulance, rescue,
police or paramedic equipment and for related activities. A membership
club may be included as an accessory use. Also, this use may include
housing for emergency personnel.
F3.Â
Recycling Collection Center.
a.Â
Definition. A use for collection of common household materials for
recycling. This use does not involve transfer, processing or recycling
other than sorting of materials.
b.Â
Regulations.
1.Â
All materials shall be kept in appropriate containers, with
appropriate sanitary closures to prevent the attraction of insects
or rodents and to avoid any fire hazards.
2.Â
Such facility shall have adequate provision for vehicular access
and for off-street parking.
3.Â
The buffer requirements shall be met.
4.Â
This use may be an accessory use to a commercial use, an industrial
use, a public or private primary or secondary school, a place of worship
or a Township-owned use, subject to the limitations of this section.
5.Â
Materials to be collected shall be of the same character as
the following materials: paper, cardboard, aluminum, glass, plastic.
6.Â
The use shall include no processing other than collection, sorting
and routine cleaning. No bulk crushing of metal or aluminum, burning,
transfer, land-filling or melting shall occur.
7.Â
Shall not include the collection or processing of any metals
or pieces of metals that have a weight greater than 10 pounds.
8.Â
Shall not include the delivery of more than 100 tons of materials
to the site in any twenty-four-hour period.
F4.Â
Place of Worship.
a.Â
Definition. Any structure or structures used for worship or religious
instruction, including social and administrative rooms accessory thereto.
b.Â
Regulations.
2.Â
The buffer requirements of this chapter shall be met.
3.Â
A parsonage, weekly religious education rooms, meeting rooms,
child nursery, day-care center and bus storage area are permitted
accessory uses provided that such uses are of such a character and
intensity that they would be clearly customary and incidental to the
place of worship.
F5.Â
Cemetery.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. A burial place or graveyard, including mausoleum, crematory,
columbarium, chapel, or pet cemetery.
b.Â
Regulations.
2.Â
Lot Coverage of Accessory Buildings and Parking Facilities.
No more than 10%, up to a maximum of five acres, may be devoted to
aboveground buildings or impervious surfaces not serving as burial
markers or memorials.
3.Â
No burial plots, structures, or parking areas shall be located
within the 100-year floodplain.
4.Â
No outside storage shall be permitted.
5.Â
All structures open to the public shall be supplied with water
and sewer. All utilities shall be placed underground.
6.Â
The buffer requirements of this chapter shall be met.
7.Â
A zoning permit shall be obtained on an annual basis.
8.Â
All caskets shall be of durable construction and not subject
to breakage or deterioration. Caskets shall not be stacked one above
another underground, and the top of every casket shall be at least
three feet below the existing grade.
c.Â
The owner or operator shall maintain at all times a current burial
plot diagram showing all plots in use, which shall be available to
the Township for inspection upon request.
F6.Â
Business Campus.
[Amended by Ord. 2015-09-06, 9/21/2015; by Ord. 2017-06-07,
6/5/2017; and by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. A large tract of land that is planned, developed, and
operated as an integrated facility for a number of individual businesses,
including offices and limited commercial uses. The design of this
use will require special attention to coordinated access and appropriate
landscaping. Each sub-use shall be on its own lot.
b.Â
Use Regulations.
1.Â
Only one or more of the following principal sub-uses may be
included in a business campus:
I1
|
Medical Office
|
I2
|
Veterinary Office
|
I3
|
General Office
|
I4
|
Medical and Pharmaceutical Sales Office
|
J4
|
Financial Establishment
|
J28
|
Office Supplies and Equipment Sales and Services
|
J29
|
Package Delivery Services
|
K2
|
Research
|
K3
|
Wholesale Business, Wholesale Storage, and Warehousing
|
K4
|
Printing
|
K7
|
Crafts
|
2.Â
Only the following accessory sub-uses may be included in a business
campus when combined with one of the allowed principal sub-uses listed
above:
L1
|
Nonresidential Accessory Building
|
L2
|
Outside Storage or Display
|
L3
|
Temporary Structure
|
L4
|
Temporary Community Event
|
L9
|
Off-Street Parking
|
L10
|
Signs
|
L12
|
Cafeteria
|
L13
|
Training Center
|
3.Â
Except for the area and dimensional requirements which are set
forth in the following subsection, any principal or accessory sub-use
established as a part of a business campus shall meet all of the requirements
applicable to that principal or accessory sub-use as set forth elsewhere
in this chapter.
4.Â
Neither outdoor kennels or runs nor overnight boarding of animals
shall be permitted in conjunction with the I2 Veterinary Office sub-use.
5.Â
Drive-through services are permitted in conjunction with the
J4 Financial Establishment sub-use.
c.Â
Area and Dimensional Requirements.
1.Â
Minimum site area: 25 acres.
2.Â
The site must have frontage on an arterial highway.
4.Â
Minimum site depth: 200 feet.
5.Â
Minimum site front yard setback: 50 feet.
6.Â
Minimum site side yard setback: 25 feet.
(a)Â
When adjacent to residential zoning district: 100 feet.
7.Â
Minimum site rear yard setback: 50 feet.
(a)Â
When adjacent to residential zoning district: 100 feet.
8.Â
Minimum distance between buildings: 30 feet.
9.Â
Maximum building coverage ratio for the site: 50%.
10.Â
Maximum impervious surface ratio for the site: 65%.
11.Â
Maximum building height: 45 feet.
d.Â
Special Parking Regulations.
F7.Â
Commercial Campus.
[Amended by Ord. 2015-09-06, 9/21/2015; by Ord. 2017-01-03,
1/23/2017; by Ord. 2017-06-07, 6/5/2017; and by Ord.
No. 2018-10-04, 10/1/2018]
a.Â
Definition. A tract of land that is planned, developed, and operated
as an integrated facility for a number of individual businesses, including
offices and limited commercial uses. The design of this use will require
special attention to coordinated access and appropriate landscaping.
Each sub-use shall be on its own lot.
b.Â
Use Regulations.
1.Â
Only one or more of the following principal sub-uses may be
included in a commercial campus:
D1
|
Nursery School/Day-Care Center (permitted by special exception
only)
|
I1
|
Medical Office
|
I3
|
General Office
|
I4
|
Medical and Pharmaceutical Sales Office
|
J3
|
Service Business
|
J4
|
Financial Establishment
|
J6
|
Eating Place
|
J11
|
Indoor Athletic Club
|
J15
|
Hotel/Motel
|
J28
|
Office Supplies and Equipment Sales and Services
|
J29
|
Package Delivery Services
|
J30
|
Photocopying Services
|
2.Â
Only the following accessory sub-uses may be included in a commercial
campus when combined with one of the allowed principal sub-uses listed
above:
L1
|
Nonresidential Accessory Building
|
L2
|
Outside Storage or Display
|
L3
|
Temporary Structure
|
L4
|
Temporary Community Event
|
L9
|
Off-Street Parking
|
L10
|
Signs
|
L12
|
Cafeteria
|
L13
|
Training Center
|
3.Â
Except for the area and dimensional requirements which are set
forth in the following subsection, any principal or accessory sub-use
established as a part of a commercial campus shall meet all of the
requirements applicable to that principal or accessory sub-use as
set forth elsewhere in this chapter.
4.Â
Any J6 Eating Place sub-use shall be located within 750 feet
of a major collector or arterial street and shall not be located within
500 feet of any Township park or recreational property or facility.
5.Â
Drive-through services are permitted in conjunction with the
J4 Financial Establishment sub-use, but not in conjunction with the
J6 Eating Place sub-use.
c.Â
Area and Dimensional Requirements.
1.Â
Minimum site area: 25 acres.
2.Â
The site must have frontage on an arterial highway.
4.Â
Minimum site depth: 200 feet.
6.Â
Minimum distance between buildings: 30 feet.
7.Â
Maximum building coverage ratio for the site: 50%.
8.Â
Maximum impervious surface ratio for the site: 65%.
9.Â
Maximum building height: 45 feet.
10.Â
Minimum lot area per sub-use: No minimum lot area shall be required;
however, the maximum number of principal sub-uses in a commercial
campus shall be equal to the total gross site area divided by three.
11.Â
The maximum floor area for the J28 Office Supplies and Equipment
Sales and Services sub-use shall be 10,000 square feet.
d.Â
Special Parking Regulations.
G.Â
Utility and Transportation Uses.
G1.Â
Utilities.
a.Â
Definition. Transformer station, pumping station, relay station,
towers, transmission, water or relay substations, switching center,
sewage treatment plant and any similar or related installation, not
including public incinerators, public or private landfills and wireless
telecommunications facilities.
b.Â
Regulations.
1.Â
Except in commercial and industrial zoning districts, no public
business office, storage yard, and/or storage building shall be established/operated
on the lot in connection with this use. Any outside storage shall
be considered an L2 Outside Storage or Display use and shall comply
with all the requirements for this use.
[Amended by Ord. 2017-01-03, 1/23/2017]
2.Â
A buffer yard shall be provided along all property lines which
shall include adequate means for visual screening and meet the requirements
of this chapter.
c.Â
Solar Energy System. Any solar collector or other solar energy device,
or any structural design feature whose primary purpose is to provide
for the collection storage, and distribution of solar energy for sale
on the open market.
[Added by Ord. 2015-09-06, 9/21/2015]
1.Â
Solar Panels — A structure containing one or more receptive
cells, the purpose of which is to convert solar energy into usable
energy by way of a solar energy system.
2.Â
Ground-array solar panels shall be permitted in accordance with
the following:
(a)Â
Ground arrays shall meet the setback requirement for the principal
use on the property, provided that no solar panel shall be located
closer to the property line than two times the height of the solar
panel or 75 feet, whichever is greater.
(b)Â
Ground arrays shall be located so that any glare or reflection
is directed away or is properly buffered from adjoining properties.
(c)Â
Ground arrays shall not exceed a height of 35 feet.
3.Â
Roof-mounted solar panels shall be permitted in accordance with
the following:
(a)Â
Permitted roof-mounted solar panels on sloped or flat roofs
shall include integrated solar panels as the surface layer of the
roof structure with no additional apparent change in relief or projection
(the preferred installation), or separate flush-mounted solar panels
attached to the roof surface.
(b)Â
Any roof-mounted solar panels other than those described in
Subsection c.3.(a) above shall only be permitted on flat roofs and
shall not project vertically more than 10 feet above the surface of
the roof, not including the parapet, wall, or other projection along
the edge of the roof.
(c)Â
In no event shall the placement of any solar panels result in
a total height of the building (including the panels) exceeding 35
feet.
(d)Â
Roof-mounted solar panels shall be placed so as to prevent reflection
and glare to adjacent properties.
4.Â
Design and Installation. To the extent applicable, the solar
energy system shall comply with the Pennsylvania Construction Code
(Act 45 of 1999), 35 P.S. § 7210.101 et seq., as amended,
and the applicable regulations adopted by the Department of Labor
and Industry, 34 Pa. Code § 401.1 et seq.
5.Â
The design of the solar energy system shall conform to applicable
industry standards.
6.Â
On existing construction, a solar energy system may be installed
as long as it meets the requirements of this chapter and all other
applicable construction codes.
7.Â
Easements. On plans for new subdivisions or land developments
that propose to provide for solar energy systems, a notation shall
be placed on the approved plan stating that restrictions have been
placed on the lots in question, pursuant to a recorded deed of easement,
concerning the placement of structures and vegetation as they relate
to the solar energy systems. The terms of the easement shall be as
approved by the Township Solicitor.
8.Â
Abandonment and Removal of Solar Energy Systems. Any solar panel
(roof or ground) which has not been in active and continuous service
for a period of one year shall be removed from the property to a place
of safe and legal disposal.
9.Â
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
10.Â
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
11.Â
The installation of solar energy systems is subject to all public
utility requirements for interconnection with the utility's system,
if applicable.
G3.Â
Airport.
a.Â
Definition. A facility designed for aircraft, including airplanes
and helicopters, to take off and land. An airport includes hangers
for the storage of aircraft, facilities for refueling and repairing
aircraft and various accommodations for passengers.
b.Â
Regulations.
1.Â
In addition to the airport accessory office, service, industrial
or commercial uses may be approved by the Township Board of Supervisors
as conditional uses. The area, dimensional, coverage, buffering, impervious
surface limitations and parking requirements for the specific use
and the Industrial District shall be met.
2.Â
Approval shall be secured from the Pennsylvania Department of
Transportation, Bureau of Aviation. This shall include approval for
both Private and Public airports. Failure to maintain compliance with
the state and federal regulations shall void all Township approvals.
3.Â
A "stopway" of at least 200 feet in length and having a width
equal to that of the paved runway shall be provided between each end
of the runway and the property line of the airport tract.
4.Â
All buildings, runways, taxiways, parking areas, warm-up pads,
aprons, lights, communication facilities, tie-down areas, repair facilities,
refueling facilities, etc., shall conform to the setback requirements
of this chapter.
5.Â
A steel post and mesh Class "E" wire fence having a height of
seven feet shall enclose that part of the airport tract which is used
by aircraft so that animals and unauthorized persons and vehicles
are restrained from entering the aircraft operating area.
6.Â
The owners, lessees and operators of the airport shall take
all possible actions to protect the peace, safety and air quality
of the environment of the area surrounding the airport. This shall
include:
7.Â
The buffer requirements of this chapter shall be met. In addition,
warm- up ramps, parking areas, tie-down areas and hangars shall meet
the buffer requirements of this chapter.
8.Â
No airport shall be established if its flight pattern will conflict
with the flight pattern of any existing airport or heliport.
G4.Â
Wireless Telecommunications Facility.
a.Â
Purpose. The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
telecommunications facilities in New Britain Township. While the Township
recognizes the importance of wireless telecommunications facilities
in providing high quality communications service to its residents
and businesses, the Township also recognizes that it has an obligation
to protect public safety and to minimize the adverse visual effects
of such facilities through the standards set forth in the following
provisions.
b.Â
Design. By enacting this section, the Township intends to:
1.Â
Promote the health, safety, and welfare of Township residents
and businesses with respect to wireless telecommunications facilities.
2.Â
Provide for the managed development of wireless telecommunications
facilities 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.
3.Â
Establish procedures for the design, siting, construction, installation,
maintenance, and removal of both tower-based and non-tower based wireless
telecommunications facilities in the Township, including facilities
both inside and outside the public rights-of-way.
4.Â
Address new wireless technologies, including, but not limited
to, small wireless facilities, distributed antenna systems, data collection
units, cable wi-fi, and other wireless telecommunications facilities.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
5.Â
Encourage the co-location of wireless telecommunications facilities
on existing structures rather than the construction of new tower-based
structures.
6.Â
Protect Township residents from potential adverse impacts of
wireless telecommunications facilities and preserve, to the extent
permitted under law, the visual character of established communities
and the natural beauty of the landscape.
7.Â
Update the Township's wireless facilities regulations to incorporate
changes in federal and state laws and regulations.
c.Â
ACCESSORY EQUIPMENT
ANTENNA
CO-LOCATION
COMMUNICATIONS EQUIPMENT BUILDING
DECORATIVE POLE
DISTRIBUTED ANTENNA SYSTEMS (DAS)
EMERGENCY
FCC
HEIGHT OF A TOWER-BASED WTF
MONOPOLE
NON-TOWER WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER WTF)
PERSONS
PRIOR APPROVED DESIGN
SMALL WIRELESS FACILITY (SWF)
STEALTH TECHNOLOGY
SUBSTANTIALLY CHANGE
TOWER-BASED WIRELESS TELECOMMUNICATIONS FACILITY (TOWER- BASED
WTF)
TOWNSHIP
WBCA
WIRELESS
WIRELESS SUPPORT STRUCTURE
WIRELESS TELECOMMUNICATIONS FACILITY (WTF)
WIRELESS TELECOMMUNICATIONS FACILITY APPLICANT (WTF APPLICANT)
Definitions. The following are applicable to wireless telecommunications
facilities:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including,
but not limited to, utility or transmission equipment; power supplies;
generators; batteries; cables; equipment buildings, cabinets, and
storage sheds; and shelters.
[Added by Ord. No. 2020-11-04, 11/16/2020]
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based WTF
defined below. For the purposes of this use, this definition shall
not include private residents' mounted satellite dishes or television
antennas or amateur radio equipment, including without limitation,
ham or citizen band radio antennas.
The mounting of one or more WTFs, including antennas, on
an existing tower-based WTF or utility or light pole.
An unmanned building, cabinet or structure containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet per
user unless approved by the Township.
A Township-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless facility, lighting, or municipal attachments,
have been placed or are permitted to be placed.
[Added by Ord. No. 2020-11-04, 11/16/2020]
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A condition that (a) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or (b) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
Federal Communications Commission.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WTF, including
antennas mounted on the tower and any other appurtenances.
A WTF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
All non-tower wireless telecommunications facilities, including
but not limited to, antennas and related equipment. Non-tower WTF
shall not include support structures for antennas and related equipment.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations, and other entities established pursuant to statutes
of the Commonwealth of Pennsylvania; provided that "person" does not
include or apply to the Township or to any department or agency of
the Township.
A design for a small wireless facility that has been reviewed
and deemed to be in accordance with the requirements of this Use G4
and approved for construction by the Township.
[Added by Ord. No. 2020-11-04, 11/16/2020]
A specific type of tower or non-tower WTF that meets all
of the following requirements:
[Added by Ord. No. 2020-11-04, 11/16/2020]
(a)
|
The facility is: mounted on a structure 50 feet or lower in
height (including the height of the proposed antennas); mounted on
a structure no more than 10% taller than other adjacent structures;
or mounted so that it does not extend the existing structure on which
it is located to a height of more than 50 feet or by more than 10%,
whichever is greater.
|
(b)
|
Each antenna associated with the deployment of the facility,
excluding associated equipment, is no more than three cubic feet in
volume.
|
(c)
|
All wireless equipment, other than the antennas, associated
with the facility, including the wireless equipment associated with
the antennas and any preexisting associated equipment on the structure,
is no more than 28 cubic feet in volume.
|
(d)
|
The facility does not require antenna structure registration
under FCC rules, in particular, 47 CFR Part 17.
|
(e)
|
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified by
the FCC, in particular 47 CFR 1.1307(b).
|
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, and light poles.
(a) Any increase in the height of a wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless telecommunications facility may exceed the size limits set
forth herein if necessary to avoid interference with existing antennas;
or (b) any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles, and light
poles. DAS hub facilities are considered to be tower-based WTF's.
New Britain Township, Bucks County, Pennsylvania.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.)
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
A freestanding structure, such as a tower-based wireless
telecommunications facility or any other support structure that could
support the placement or installation of a wireless telecommunications
facility if approved by the Township.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
Any person that applies for a wireless communication facility
building permit, zoning approval, and/or permission to use the public
ROW or other Township-owned land or property.
d.Â
General Requirements — All Facilities. Unless otherwise prohibited by the WBCA, all wireless telecommunications facilities shall be permitted only by conditional use in accordance with §§ 27-3007 through 27-3010 of this chapter. Where conditional use approval is prohibited by the WBCA, such covered facilities shall be allowed by right. All WTFs shall be subject to the following regulations:
1.Â
Standard of Care. Every WTF shall be designed, constructed,
operated, maintained, repaired, modified, and removed in strict compliance
with all current applicable technical, safety, and safety-related
codes, including, but not limited to, the most recent editions of
the American National Standards Institute (ANSI) Code, National Electrical
Safety Code, National Electrical Code, as well as (when applicable)
the accepted and responsible workmanlike industry practices of the
National Association of Tower Erectors. Every WTF shall, at all times,
be kept and maintained in good condition, order, and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
2.Â
Wind. Every WTF and support structure 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/TIA-222-E Code, as amended). Such structures must
be designed to withstand wind gusts of at least 100 miles per hour.
3.Â
Interference. No WTF shall interfere with public safety communications
or the reception of broadband, television, radio, or other communication
services enjoyed by occupants of nearby properties.
4.Â
Radio Frequency Emissions. No WTF may, by itself or in conjunction
with other WTFs, 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.
5.Â
Aviation Safety. All WTFs shall comply with all federal and
state laws and regulations concerning aviation safety.
6.Â
Lighting. WTFs shall not be artificially lit, except that security
lighting may be used as long as it is shielded and pointed towards
the ground to retain the light within the boundaries of the property
or except as required by law. If lighting is required or proposed,
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.
7.Â
Noise. All WTFs shall be operated and maintained so as not to
produce noise in excess of applicable noise standards under state
law and the Township Code of Ordinances, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
8.Â
Historic Buildings or Districts. No WTF may be located on a
building or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or eligible to be so listed, or has been
designated by the Township as being of historic significance.
9.Â
Natural Resources. The location of the WTF and all accessory
structures and equipment shall comply with all applicable natural
resource protection standards of this chapter.
10.Â
Security. All communications equipment buildings and similar
structures/areas shall be equipped with an appropriate security or
alarm system for detection of fire. All towers, poles, and similar
structures shall be fitted with anti-climbing devices, as approved
by the manufacturer.
11.Â
Monitoring and Maintenance. The following requirements shall
apply:
(a)Â
Every WTF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)Â
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the general public.
(c)Â
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
12.Â
Graffiti. Any graffiti or unapproved signs on a tower-based
or non-tower WTF or on any accessory equipment shall be removed at
the sole expense of the owner within 10 business days of notice of
the existence of the graffiti or signs.
13.Â
Indemnification. Every applicant for a WTF shall complete an
indemnification provision as a part of the application process. This
provision shall provide that each person that owns or operates a WTF
will, 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 WTF. Each person that owns or operates a WTF 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 the WTF. 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.
14.Â
Inspection.
(a)Â
All WTFs shall be inspected every two years by
an expert who is regularly involved in the maintenance, inspection,
and/or erection of such facilities. At a minimum, this inspection
shall be conducted with the tower inspection class checklist provided
in the Electronics Industries Association (EIA) Standard 222, Structural
Standards for Steel Antenna Towers and Antenna Support Structures.
A copy of said inspection report shall be provided to the Township.
(b)Â
The Township reserves the right to inspect any
WTF to ensure compliance with the provisions of this chapter and any
other provision found within the Township Code of Ordinances or state
or federal law. The Township shall have the authority to enter the
property upon which a WTF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(c)Â
All WTF applicants shall provide the Township with
a written commitment that they will allow the Township to inspect
their WTF to ensure compliance with the provisions of this use and
any other provisions found within the Township Code of Ordinances
or state or federal law and that they grant the Township and/or its
agents the authority to enter the property upon which a WTF is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
15.Â
Application. Subsequent to conditional use approval and prior
to construction/installation of the WTF, the applicant shall obtain
a building permit from the Township. The plan and design calculations
for the construction of any WTF shall contain the seal and signature
of a Pennsylvania licensed structural engineer.
e.Â
General Requirements — Tower-Based WTFs. All tower-based wireless
telecommunications facilities shall be subject to the following regulations:
1.Â
Location. Tower-based WTFs shall only be allowed in the following
wireless telecommunications overlay zones:
(a)Â
The strip of land 400 feet in width, measured from the right-of-way
line of County Line Road (SR. 2038).
(b)Â
The strip of land 400 feet in width, measured from the right-of-way
line of Swamp Road (SR. 313).
(c)Â
The I-Industrial Zoning District.
(d)Â
Attached to a tower or structure existing as of January 6, 2014,
and located in any zoning district.
2.Â
Gap in Coverage. An applicant for a tower-based WTF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WTF being proposed is the least intrusive means by which to fill that
gap in wireless coverage.
3.Â
Co-location. An application for a new WTF shall not be approved
unless the Township finds that the wireless communications equipment
planned for the proposed WTF cannot be accommodated on an existing
structure or building, including, but not limited to utility and traffic
light poles. Any application for approval of a WTF shall include a
comprehensive inventory of all existing towers, buildings, and other
suitable structures within a two-mile radius from the point of the
proposed tower, unless the applicant can show to the satisfaction
of the Township that a different distance is more reasonable, and
shall demonstrate conclusively why an existing tower or other suitable
structure cannot he utilized. If an existing building or structure
is found, it shall be used to mount the antenna unless the applicant
provides written proof to the Township that the owner denied permission
to the applicant to install the antenna on this building or structure.
4.Â
Timing of Approval. Within 30 calendar days of the filing of
an application for a tower-based WTF with the Township, the Township
shall notify the applicant in writing of any information that may
be required to complete such application. Any application for a tower-based
WTF shall be acted upon within 150 days of the receipt of a fully
completed application for a tower-based WTF. 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. The Township
shall advise the applicant in writing of its decision on the application.
5.Â
Removal. In the event that use of a tower-based WTF 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 WTFs or portions of WTFs
shall be removed as follows:
(a)Â
All unused or abandoned tower-based WTFs 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.
(b)Â
If the WTF 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 WTF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WTF, including any expenses incurred
in conjunction with the removal of these facilities, including, but
not limited to, engineering fees, attorney's fees, construction or
demolition costs, and repair costs.
(c)Â
Any unused portions of tower-based WTFs, 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
WTF previously removed.
(d)Â
If the owner of the WTF fails to reimburse the Township for
the costs of any removal activities undertaken by the Township within
30 days of being invoiced for the same, the Township may make demand
upon any bond or other financial security maintained with the Township
for such WTF for the full amount owed to the Township, including any
expenses incurred in conjunction with the collection of these monies,
including, but not limited to, legal costs and attorney's fees.
(e)Â
Removal of a tower-based WTF located in the ROW shall comply
with the regulations set forth below for such facilities.
6.Â
Signs. All WTFs 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.
7.Â
Additional Antennas. All tower-based WTF applicants shall provide
the Township with a written commitment that it will allow other service
providers to co-locate antennas on its tower-based WTF where technically
and economically feasible. The owner of a tower-based WTF shall not
install any additional antennas without obtaining the prior written
approval of the Township.
8.Â
Permit Fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WTF,
as well as inspection, monitoring, and other related costs.
9.Â
Bond. Prior to the issuance of a permit, the owner of a tower-based
WTF shall, at its own cost and expense, obtain and maintain a bond
or other form of security acceptable to the Township Solicitor, in
an amount of $100,000, from a surety licensed to do business in Pennsylvania.
Such bond or security shall assure the faithful performance of the
terms and conditions of this chapter and shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this chapter, after
reasonable notice and opportunity to cure. The original of said bond
or security shall be provided to and held by the Township.
f.Â
Specific Requirements - Tower-Based WTFs Inside of ROW. The following
regulations shall apply to all wireless telecommunications facilities
located within the right-of-way of any public street, and all such
WTFs shall comply with these requirements:
[Amended by Ord. No. 2020-11-04, 11/16/2020]
1.Â
Height. Every WTF shall be designed at the minimum functional
height. All WTF applicants must submit documentation to the Township
justifying the total height of the structure. The maximum total height
of any WTF located in the public rights-of-way shall not exceed 50
feet, which height shall include all subsequent additions or alterations.
2.Â
Design Requirements.
(a)Â
WTF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(b)Â
Antennas and all support equipment shall be treated to match
the supporting structure. WTFs and accompanying equipment, shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
3.Â
Equipment Location. All WTF's 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. In addition:
(a)Â
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb, the nearer edge
of a sidewalk or pedestrian/bike path, or any building.
(b)Â
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.
(c)Â
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)Â
Any underground vaults related to a tower WTF located within
the right-of-way shall be reviewed and approved by the Township.
4.Â
Relocation or Removal of Facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a tower WTF in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change,
or alter the position of any WTF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change, or alteration
is reasonably necessary under the following circumstances:
(a)Â
The construction, repair, maintenance, or installation of any
Township or other public improvement in the right-of-way.
(b)Â
The operations of the Township or other governmental entity
in the right-of-way.
(c)Â
Vacation of a street or road or the release of a utility easement.
(d)Â
An emergency as determined by the Township.
5.Â
Compensation for ROW Use. In addition to permit fees as described
above, every tower-based WTF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising,
and other ROW management activities by the Township. The owner of
each WTF shall pay an annual fee to the Township to compensate the
Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for tower-based WTFs
shall be determined by the Township and authorized by resolution of
Township Board and shall be based on the Township's actual ROW management
costs as applied to such WTFs.
g.Â
Specific Requirements — Tower-Based Facilities Outside of ROW.
The following regulations shall apply to tower-based wireless telecommunications
facilities located outside of the right-of-way of any public street
and all such WTFs shall comply with these specific requirements:
1.Â
Height. Any tower-based WTF shall be designed at the minimum
functional height. All tower-based WTF applicants must submit documentation
to the Township justifying the total height of the structure. The
maximum total height of any tower-based WTF shall not exceed 175 feet,
which height shall include all subsequent additions or alterations.
2.Â
Design Regulations and Finishes.
(a)Â
To promote the aesthetics and compatibility of the use within
the existing areas of the Township, tower-based WTFs located outside
the public rights-of-way shall employ the most current Stealth Technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
Stealth Technology chosen by the WTF applicant shall be subject to
the approval of the Township. At a minimum, all applications for a
new WTF shall propose an alternate design in the form of a tree or
silo where feasible.
(b)Â
Any height extensions to an existing tower-based WTF shall require
prior approval of the Township, and shall not increase the overall
height of the tower-based WTF to more than 175 feet. The Township
reserves the right to deny such requests based upon aesthetic and
land use impact, or any other lawful considerations related to the
character of the Township.
(c)Â
Any proposed tower-based WTF outside the public rights-of-way
shall be designed structurally, electrically, and in all respects
to accommodate both the WTF applicant's antennas and comparable antennas
for future users.
(d)Â
At a minimum, all tower-based WTFs outside the public rights-of-
way shall be galvanized and/or, painted with a rust-preventive paint
of an appropriate color to harmonize with the surroundings.
3.Â
Surrounding Environs.
(a)Â
The tower-based WTF applicant shall ensure that the existing
vegetation, trees, and shrubs located within proximity to the WTF
structure shall be preserved to the maximum extent possible.
(b)Â
The tower-based WTF 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 WTF,
and anchors for guy wires, if used.
4.Â
Notice. In conjunction with an application for any WTF which
shall be located outside the public rights-of-way, the applicant shall
mail notice thereof to the owners and tenants of every property within
1,000 linear feet of the site of the proposed facility and shall provide
proof of the mailing of such notice to the Township.
5.Â
Sole Use on a Lot. A tower-based WTF is permitted as a sole
use on a lot subject to the following:
6.Â
Combined with Another Use. A tower-based WTF may be permitted
on a lot with an existing agricultural, industrial, commercial, institutional,
or municipal use, subject to the following conditions:
(a)Â
The existing use on the property shall be any permitted use
in the applicable zoning district, and need not be affiliated with
the WTF.
(b)Â
Minimum Lot Area. The minimum lot area shall be the area needed
to accommodate the tower/pole (guy wires if used), the communications
equipment building, security fence, and buffer planting, which shall
be in addition to the required lot area for the existing permitted
use.
[Amended by Ord. 2017-01-03, 1/23/2017]
(c)Â
Minimum Setbacks. Minimum setbacks measured from the required
security fence: 35% of the height of the wireless support structure
or the yard setbacks applicable to the zoning district in which the
WTF is located, whichever is greater.
(d)Â
Access. Whenever feasible, the vehicular access to the communications
equipment building shall be provided along the circulation driveways
of the existing use.
7.Â
Fence/Screen.
(a)Â
An eight-foot high security fence shall completely surround
any tower-based WTF, guy wires, communications equipment building,
or any other structure housing, WTF equipment.
(b)Â
An evergreen screen, consisting of arborvitae trees six feet
in height, planted at three-foot intervals, shall be planted along
the perimeter of the security fence, unless otherwise approved by
the Board of Supervisors.
8.Â
Accessory Equipment.
(a)Â
Ground-mounted equipment associated to, or connected with, a
tower-based WTF shall be underground or screened from public view
using Stealth Technologies, as described above.
(b)Â
All communications equipment buildings, utility buildings, and
accessory structures shall be architecturally designed to blend into
the environment in which they are situated and shall meet the minimum
setback requirements of the underlying zoning district.
9.Â
Access Road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to a tower-based
WTF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Two off-street parking spaces,
or one space per employee, whichever requires the greatest number
of spaces, shall be provided. Where necessary, the WTF owner shall
present documentation to the Township that the property owner has
granted an access easement for the proposed facility.
h.Â
Specific Requirements - Non-Tower Facilities Outside of ROW. All
non-tower wireless telecommunications facilities, except for those
located in the public rights-of-way, shall be subject to the following
regulations:
[Amended by Ord. No. 2020-11-04, 11/16/2020]
1.Â
Permitted in All Zones Subject to Regulations. Non-tower WTFs
are permitted in all zones in accordance with the restrictions and
conditions prescribed within this chapter and subject to the prior
written approval of the Township.
2.Â
Removal. In the event that use of a non-tower WTF 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 WTFs or portions of WTFs shall be removed as follows:
(a)Â
All abandoned or unused WTFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)Â
If the WTF or accessory facility is not removed within three
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WTF and/or associated facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WTF.
(c)Â
Removal of a non-tower WTF located in the ROW shall comply with
the regulations set forth below for such facilities.
3.Â
Permit Fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WTF, as
well as related inspection, monitoring, and related costs. Where the
non-tower WTF does not substantially change the physical dimensions
of the wireless support structure to which it is attached, the Township
may assess appropriate and reasonable permit fees directly related
to the Township's actual costs in reviewing and processing the application
for approval of this non-tower WTF or $1,000, whichever is less.
4.Â
Timing of Approval. Within 30 calendar days of the date that
an application for a non-tower WTF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
5.Â
Bond. Prior to the issuance of a permit, the owner of a non-tower
WTF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond, or other form
of security acceptable to the Township Solicitor, in an amount of
$25,000 to assure the faithful performance of the terms and conditions
of this chapter. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this chapter, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
i.Â
Specific Requirements - Non-Tower-Facilities in ROW. All non-tower
wireless telecommunications facilities located in the public rights-of-way
shall be subject to the following regulations:
[Amended by Ord. No. 2020-11-04, 11/16/2020]
1.Â
Co-location. Non-tower WTFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles.
2.Â
Design Requirements.
(a)Â
WTF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(b)Â
Antennas and all support equipment shall be treated to match
the supporting structure. WTFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
3.Â
Compensation for ROW Use. In addition to permit fees as described
above, every non-tower WTF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising,
and other ROW management activities by the Township. The owner of
each non-tower WTF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for non-tower WTFs
shall be determined by the Township and authorized by resolution of
Township Board and shall be based on the Township's actual ROW management
costs as applied to such non-tower WTF.
4.Â
Time, Place and Manner. The Township shall determine the time,
place and manner of construction, maintenance, repair, and/or removal
of all non-tower WTFs 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.Â
Equipment Location. Non-tower WTFs 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. In addition:
(a)Â
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb, the nearer edge
of a sidewalk or pedestrian/bike path, or any building.
(b)Â
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)Â
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)Â
Any underground vaults related to a non-tower WTF located within
the right-of-way shall be reviewed and approved by the Township.
6.Â
Relocation or Removal of Facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a non-tower WTF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change,
or alter the position of any WTF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change, or alteration
is reasonably necessary under the following circumstances:
(a)Â
The construction, repair, maintenance, or installation of any
Township or other public improvement in the right-of-way.
(b)Â
The operations of the Township or other governmental entity
in the right-of-way.
(c)Â
Vacation of a street or road or the release of a utility easement.
(d)Â
An emergency as determined by the Township.
7.Â
Visual or Land Use Impact. The Township retains the right to
deny an application for the construction or placement of a non-tower
WTF based upon visual and/or land use impact.
j.Â
Specific Requirements — Non-Tower Facilities That Change Support
Structure. All non-tower wireless telecommunications facilities located
outside the rights-of-way that substantially change the wireless support
structure to which they are attached shall be subject to the following
additional regulations:
1.Â
Development Regulations. Non-tower WTFs shall be co-located
on existing structures, such as existing buildings or tower-based
WTF's, subject to the following conditions:
(a)Â
If the WTF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(b)Â
An eight-foot high security fence shall surround any separate
communications equipment building, and an evergreen screen, consisting
of arborvitae trees six feet in height, planted at three-foot intervals,
shall be planted along the perimeter of the security fence, unless
otherwise approved by the Board of Supervisors. Vehicular access to
the communications equipment building shall not interfere with the
parking or vehicular circulations on the site for the principal use.
2.Â
Design Regulations.
(a)Â
Non-tower WTFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WTF applicant
shall be subject to the approval of the Township.
(b)Â
Non-tower WTFs, which are mounted to a building or similar structure,
may not exceed a height of 50 feet above the roof or parapet, whichever
is higher.
(c)Â
All non-tower WTF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)Â
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(e)Â
Noncommercial Usage Exemption. Persons utilizing satellite dishes
and antennas for the purpose of maintaining television, phone, and/or
internet connections at their respective residences shall be exempt
from the regulations enumerated in this subsection.
3.Â
Removal, Replacement, and Modification.
(a)Â
The removal and replacement of non-tower WTFs and/or accessory
equipment for the purpose of upgrading or repairing the WTF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WTF or the numbers of antennas.
(b)Â
Any material modification to a WTF shall require a prior amendment
to the original permit or authorization.
k.Â
Conditional Use Requirements. Applicants for a wireless telecommunications
facility shall present testimony and evidence to the Board of Supervisors
in support of the following requirements:
1.Â
The applicant shall present documentation that the facility
is designed in accordance with all the standards cited in this chapter
for WTFs.
2.Â
The applicant shall demonstrate that the antenna/tower/pole
for the WTF is the minimum height necessary for the service area.
3.Â
The applicant shall demonstrate that the proposed WIT complies
with all state and federal laws and regulations concerning aviation
safety.
4.Â
The need for additional buffer yard treatments shall be evaluated.
5.Â
The applicant shall demonstrate that the WTF must be located
where it is proposed in order to serve the applicant's service area
and that no other viable alternative location exists.
6.Â
Where the WTF is located on a property with another principal
use, the applicant shall present documentation that the owner of the
property has granted an easement for the proposed facility and that
vehicular access is provided to the facility.
l.Â
Township Facilities. Proposed or existing WTFs owned, operated, or
leased by New Britain Township or located upon property owned by New
Britain Township shall not be subject to the requirements of this
chapter, nor to the conditional use provisions of this chapter. This
exemption does not apply to proposed or existing WTFs located in Township-owned
rights-of-way and owned by non-Township entities.
m.Â
Specific Standards for Small Wireless Facilities. All small wireless
facilities shall be subject to the following regulations in addition
to the requirements applicable to the type of WTF the SWF is proposed
to be (tower, non-tower, etc.) as set forth in this section:
[Added by Ord. No. 2020-11-04, 11/16/2020]
1.Â
All SWFs shall be installed and maintained in a workmanlike
manner in compliance with the Pennsylvania Uniform Construction Code,
National Electrical Safety Code, and the National Electrical Code,
as applicable.
2.Â
All SWFs shall comply with the Americans with Disabilities Act
and all applicable requirements relating to streets and sidewalks
as established by the Township Code.
3.Â
All SWFs shall be designed and constructed in an effort to minimize
aesthetic impact to the extent technically feasible.
4.Â
Antenna Standards.
(a)Â
All pole-top antennas shall be flush-mounted as closely to the
top of the utility pole as technically feasible.
(b)Â
All antennas shall be of a design, style, and color that reasonably
matches the utility pole upon which they are attached.
(c)Â
Any necessary pole-top extension shall be of the minimum height
necessary to achieve separation from the existing pole attachments.
(d)Â
Any antenna mounted on a lateral standoff bracket shall protrude
no more than necessary to meet clearances.
(e)Â
If mounted on an existing structure, no antenna shall impair
the function of said structure.
(f)Â
Antenna placement shall not impair light, air, or views from
adjacent windows.
5.Â
Accessory Equipment Standards.
(a)Â
Accessory equipment shall not exceed 28 cubic feet in volume.
Stealth technology shall not be included in the accessory equipment
volume calculation.
(b)Â
Accessory equipment shall be mounted flush to the side of a
utility pole, or as near flush to the side of a utility pole as technically
feasible.
(c)Â
Accessory equipment shall be mounted so as to provide a minimum
of eight feet of vertical clearance from ground level.
(d)Â
Accessory equipment shall be of a design, style, and color that
reasonably matches the utility pole upon which it is attached.
(e)Â
All accessory equipment shall be contained within a single equipment
shroud or cabinet.
(f)Â
Accessory equipment placement shall not impair light, air, or
views from adjacent windows.
(g)Â
No accessory equipment shall feature any lighting, including
flashing indicator lights, unless required by state or federal law.
6.Â
Wiring Standards.
(a)Â
Exposed Wiring is Prohibited. Transmission, fiber, power cables
and any other wiring shall be contained within any utility pole for
which such concealment is technically feasible. If wiring cannot be
contained within the utility pole, all wiring shall be contained within
conduit or U-guard that is flush-mounted to the utility pole.
(b)Â
All wiring shall be installed without excessive slack or extra
cable storage on the utility pole. Loops of extra wiring shall not
be attached to any utility pole.
(c)Â
Any conduit or U-guard shall be of a color that reasonably matches
the utility pole to which the SWF is attached.
7.Â
Replacement Poles. When a utility pole or light pole is proposed
to be replaced in conjunction with the installation of an SWF, the
following must be complied with:
(a)Â
The maximum height of any proposed replacement pole shall be
the greater of the following:
(b)Â
Any replacement pole shall be of comparable materials and design
to the existing utility pole.
(c)Â
Any replacement pole shall be placed within five feet of the
existing utility pole being replaced.
(d)Â
Any replacement pole shall be designed to accommodate all uses
that exited on the existing utility pole prior to replacement. As
part of an application for an SWF, the applicant shall provide documentation
from a structural engineer licensed in the Commonwealth of Pennsylvania
confirming that the replacement pole, SWF, and prior existing uses
shall be structurally sound.
(e)Â
Any replacement pole shall not deviate from the predominant
pattern of existing adjacent structures.
8.Â
New Poles. When a new utility pole or light pole is proposed
to be installed in conjunction with the installation of an SWF, the
following must be complied with:
(a)Â
The maximum height of any proposed new pole shall be the greater
of the following:
(b)Â
Any new pole shall not deviate from the predominant pattern
of existing adjacent structures and shall be of comparable materials
and design to the existing poles within a 250-foot radius of the new
pole.
(c)Â
To the extent technically feasible, no new pole shall be installed:
1)Â
Directly in front of any commercial or residential building or between
the front of any commercial or residential building and any street;
2)Â
Within 10 feet of the edge of any driveway;
3)Â
In a right-of-way directly opposite any driveway; or
4)Â
In violation of the design standards contained herein.
9.Â
10.Â
Timing of Approval.
(a)Â
Incomplete Application. Within 10 calendar days
of receiving an incomplete original or revised application for an
SWF, the Township shall notify the applicant in writing of this fact
and state what information is required to complete such application.
If an applicant for an SWF submits an incomplete original application,
the deadlines for approval listed below shall restart upon the filing
of the revised application, so long as the Township has notified the
applicant in writing within 10 days of submission that the original
application is incomplete. When a revised application has been found
to be incomplete, the deadlines for approval are tolled until the
missing information is submitted, so long as the Township has notified
the applicant in writing within 10 days of submission of the revised
application that the additional information provided is insufficient.
(b)Â
Any application to add an SWF to an existing structure
shall be fully acted upon by the Township within 60 days of the receipt
of a fully completed application for such an SWF. The Township shall
advise the applicant in writing of its decision on the application.
(c)Â
Any application for an SWF that requires a new
support structure, such as a new pole, shall be fully acted upon by
the Township within 90 days of the receipt of a fully completed application
for such an SWF. The Township shall advise the applicant in writing
of its decision on the application.
11.Â
Fees.
(a)Â
Permit Fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
an SWF, as well as inspection, monitoring, and other related costs.
(b)Â
Compensation for ROW Use. In addition to the above-described
permit fees, every SWF in the ROW is subject to the Township's right
to fix annually a fair and reasonable compensation to be paid for
use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising,
and other ROW management activities by the Township. The owner of
each SWF shall pay an annual fee to the Township to compensate the
Township for its costs incurred in connection with the activities
described above.
(c)Â
The fees for SWFs shall be determined by the Township
and authorized by resolution of the Township Board from time to time
and shall be based on the Township's actual costs for processing applications
and managing the rights-of-way concerning SWFs.
H.Â
Residential Accessory Building, Structure or Use.
H1.Â
Garage/Off-Street Parking.
a.Â
Definition. Garages, enclosed structures or parking for commercial
vehicles.
H2.Â
Residential Shed.
[Amended by Ord. 2017-06-07, 6/5/2017]
a.Â
Definition. Buildings such as storage sheds, garden sheds, and private
greenhouses. A residential shed shall be an uninhabitable, freestanding
structure not having more than 200 square feet of building coverage;
not greater than 12 feet in height; without footings; and which is
used for the storage of household items incidental to the day-to-day
care and maintenance of a residential property. These items shall
include, but not be limited to, lawn mowers, garden tools and supplies,
and barbecue grills.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
b.Â
Regulations.
The following regulations are exceptions to the regulations generally
covering residential accessory buildings:
1.Â
No residential sheds shall be located in front yards except on lots
10 acres or greater in size. Such sheds shall be permitted for Use
B1 in front yards but shall not be located within the required minimum
front yard setback.
2.Â
No more than two residential sheds shall be situated on any property
one acre or less in size. On properties larger than one acre in size,
one additional shed may be situated on the property for each additional
acre in size above one acre.
3.Â
No residential shed shall be located in any easement or right-of-way.
4.Â
A residential shed may occupy a required side or rear yard on properties
of less than 25,000 square feet, provided that the shed is a minimum
of five feet from any side or rear property line.
H3.Â
Fences, Walls.
a.Â
Definition. Structures such as fences, and free standing walls.
b.Â
Regulations.
1.Â
Fences:
(a)Â
Any fence located in the front yard shall have a minimum ratio
of 4:1 of opaque to non-opaque areas and shall not exceed four feet
in height. Wire mesh may be attached to the inside of split rail fences
if desired.
(b)Â
Fences may be located on the side or rear lot line, except along
a public street.
(c)Â
A fence located anywhere except the front yard may have a height
of up to six feet and may be non-opaque. Solid wooden or split rail
fences are permitted.
(d)Â
A fence of up to eight feet high may be allowed in a rear yard
for the sole purpose of enclosing a court for tennis or similar sports.
Such fence shall be set back a minimum of 10 feet from the side and
rear lot lines.
(e)Â
A fence shall not be required to comply with accessory structure
setbacks.
2.Â
Walls.
(a)Â
Engineering retaining walls necessary to hold back slopes are
exempted from the regulations for this section and are permitted by
right as needed.
(b)Â
Walls may be one-foot in height for every two feet they are
setback from a property line, up to a maximum height of six feet in
the rear or side yard. No wall shall exceed four feet in the front
yard.
H4.Â
Noncommercial Swimming Pools.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. A noncommercial swimming pool is a recreation facility
designed to contain a water depth of 24 inches or more, used or intended
to be used for private swimming by the residents and their guests,
including, but not limited to, in-ground swimming pools, aboveground
swimming pools, wading pools, spas, and hot tubs, and their appurtenant
facilities; subject to the following.
b.Â
Regulations.
1.Â
A zoning permit shall be required to locate, construct or maintain
a swimming pool.
2.Â
A swimming pool shall not be located between the principal structure
on the lot and a right-of-way line. Swimming pools and their appurtenant
equipment and facilities, including, but not limited to, pumps, filters,
and decks, shall not be located within the required minimum side or
rear yard or 15 feet from the side or rear property line, whichever
is lesser.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
3.Â
The pool may be lighted by underwater or exterior lights, or
both, provided all exterior lights are located so that the light is
neither directed nor reflected upon adjacent properties in such a
manner as to be a nuisance or an annoyance to neighboring properties.
Underwater lighting shall be in compliance with the applicable National
Electrical Code.
5.Â
There shall be no cross-connection with a public sewerage system.
6.Â
The permanent inlet shall be above the overflow level of the
pool.
7.Â
At the time of application for a zoning permit, it shall be
demonstrated that the drainage of a pool is adequate and will not
interfere with the water supply system, with existing sewage facilities,
with public streets and neighboring properties.
8.Â
No swimming pool shall be located under any electric power lines
(including service lines), and the pool must be located at least 10
feet (measured horizontally) from such power lines.
9.Â
Self-contained, aboveground hot tubs may be located no closer
than two feet from a principal dwelling.
H5.Â
Sports Court.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. A defined and surfaced outdoor area normally associated
with residential uses and used for sport and recreation. Includes
courts for tennis, handball, racquetball, basketball, and volleyball;
skating rinks; batting cages; and similar outdoor facilities, but
excludes pools, pool decking, spas, and driveways used primarily for
access to a garage. A sports court may be enclosed by fencing, netting,
and/or low walls in accordance with the regulations of this section.
It shall not be used for organized sports and recreational activities.
b.Â
Regulations.
1.Â
A sports court shall not be located between the principal structure
on the lot and a right-of-way line or in the required front yard.
A sports court shall not be located within the required minimum side
or rear yard or 15 feet from the side or rear property line, whichever
is greater. The setback shall be measured from the edge of the court
surface.
2.Â
A sports court may be enclosed by a fence with a maximum height
of eight feet and/or a wall with a maximum height of four feet, except
a tennis court may be enclosed by a fence with a maximum height of
12 feet.
3.Â
A sports court shall not be located over underground utilities
or the drainage field of a sewage disposal system.
4.Â
Outdoor lighting of a sports court shall be permitted in accordance
with the following:
(a)Â
Outdoor lighting shall only be permitted on properties 20,000
square feet in lot area or greater.
(b)Â
The lighting fixtures shall not be placed closer than 50 feet
to the nearest property line.
(c)Â
The lighting fixtures shall not exceed 15 feet in height.
(d)Â
Outdoor lighting shall only be operated between dusk and 10:00
p.m.
(e)Â
All lighting fixtures shall be fully shielded and shall be designed,
mounted, and aimed so that their beams only fall within the primary
playing area and immediate surroundings. There shall be no direct
illumination, spillover lighting, or glare beyond the boundary of
the lot where the illuminated sports court is located.
H6.Â
Residential Solar Energy System.
[Amended by Ord. 2015-09-06, 9/21/2015]
a.Â
Definition. Any solar collector or other solar energy device, or
any structural design feature whose primary purpose is to provide
for the collection, storage, and distribution of solar energy for
space heating or cooling, water heating, or electricity for a residential
property that may be mounted on a building or on the ground and is
not the primary use of the residential property.
Solar Panels. A structure containing one or more receptive cells,
the purpose of which is to convert solar energy into usable energy
by way of a solar energy system.
|
b.Â
Regulations.
1.Â
This section applies to accessory solar energy systems to be
installed and constructed after the effective date of this section,
and all applications for solar energy systems on existing structures
or property. Solar energy systems constructed prior to the effective
date of this section shall not be required to meet the requirements
of this section, provided that any structural change, upgrade or modification
to an existing solar energy system that materially alters the size
or placement of the existing solar energy system shall comply with
the provisions of this section.
2.Â
Ground-array solar panels shall be permitted in accordance with
the following:
(a)Â
Ground arrays shall meet the setback requirement for the principal
use on the property, provided that no solar panel shall be located
closer to the property line than 1.25 times the height of the solar
panel.
(b)Â
Ground arrays shall not be permitted in a front yard.
(c)Â
Ground arrays shall be located so that any glare or reflection
is directed away or is properly buffered from adjoining properties.
(d)Â
Ground arrays shall not exceed a height of 20 feet.
3.Â
Roof-mounted solar panels shall be permitted in accordance with
the following:
(a)Â
Permitted roof-mounted solar panels shall include integrated
solar panels as the surface layer of the roof structure with no additional
apparent change in relief or projection (the preferred installation),
or separate flush-mounted solar panels attached to the roof surface.
(b)Â
Any roof-mounted solar panels other than those described in
Subsection b.3.(a) of this section shall only be permitted as a special
exception, in accordance with the following conditions.
1)Â
Such other roof-mounted solar panels shall be located
on a rear- or side-facing roof, as viewed from any adjacent street.
2)Â
Such other roof-mounted solar panels installed on
a building or structure with a sloped roof shall not exceed a height
of three feet from the surface of the roof at any point and shall
not project vertically above the peak of the roof to which they are
attached. Such other roof-mounted solar panels installed on a building
or structure with a flat roof shall not project vertically more than
five feet above the surface of the roof, not including the parapet,
wall, or other projection along the edge of the roof.
(c)Â
In no event shall the placement of any solar panels result in
a total height of the building (including the panels) exceeding 35
feet.
(d)Â
Roof-mounted solar panels shall be placed so as to prevent reflection
and glare to adjacent properties.
4.Â
Solar energy systems are permitted under this use only as accessory
uses to a residential principal use for which the solar energy system
is providing energy. Any solar energy systems designed or proposed
to primarily sell energy on the open market shall be deemed a G1 Utilities
use.
c.Â
Design and Installation. To the extent applicable, the solar energy
system shall comply with the Pennsylvania Construction Code (Act 45
of 1999), 35 P.S. § 7210.101 et seq., as amended, and the
applicable regulations adopted by the Department of Labor and Industry,
34 Pa. Code § 401.1 et seq.
d.Â
The design of the solar energy system shall conform to applicable
industry standards.
e.Â
On existing construction, a solar energy system may be installed
as long as it meets the requirements of this chapter and all other
applicable construction codes.
f.Â
Easements. On plans for new subdivisions or land developments that
propose to provide for solar energy systems, a notation shall be placed
on the approved plan stating that restrictions have been placed on
the lots in question, pursuant to a recorded deed of easement, concerning
the placement of structures and vegetation as they relate to the solar
energy systems. The terms of the easement shall be as approved by
the Township Solicitor.
g.Â
Abandonment and Removal of Solar Energy Systems.
1.Â
Any solar panel (roof or ground) which has not been in active
and continuous service for a period of one year shall be removed from
the property to a place of safe and legal disposal.
2.Â
All structural enclosures accessory to the solar panels shall
be completely removed from the property to a place of safe and legal
disposal.
3.Â
The former solar site shall be restored to as natural condition
as possible within six months of the removal from the property.
h.Â
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
i.Â
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
j.Â
The installation of solar energy systems is subject to all public
utility requirements for interconnection with the utility's system,
if applicable.
H7.Â
Residential Wind Energy Systems.
[Amended by Ord. 2015-09-06, 9/21/2015]
a.Â
Definition. Wind energy systems accessory to residential uses, including
structures, such as a windmill, which convert wind energy to mechanical
or electrical energy.
b.Â
Regulations.
1.Â
No wind energy system shall exceed 55 feet in height, including
all moving and rotating parts, unless a shorter height is required
by FAA regulations or the provisions of the airport zones in this
chapter. The height of the system shall be measured from the undistributed
ground elevation at the base of the device to the highest point of
the arc of the blade or to the top of the tower, whichever is greater.
2.Â
No wind energy system shall be permitted with a design which
permits any vane, sail or rotor blade to pass within 10 feet of the
ground.
3.Â
All electrical wiring leading to or from a wind energy system
shall be located underground.
4.Â
Wind energy systems shall not be located in the required front,
side, or rear yard setback and shall be set back from every property
line a distance not less than 100 feet or three times the height of
the system, whichever is greater.
5.Â
Wind energy systems shall be located no less than 100 feet from
overhead utility lines and no less than 300 feet from a street line,
unless the building located on the parcel is located closer to the
street line than 300 feet, in which case the system shall be located
no closer to the street than the facade of the principal dwelling
on the property. In no event shall the distance between the street
line and the wind energy system be less than 100 feet or three times
the height of the system, whichever is greater.
6.Â
There shall be a maximum of one device per one acre of property
on a single parcel or multiple parcels in single ownership.
7.Â
Wind energy systems shall be a nonobtrusive, nonreflective color,
such as white, off-white or gray, or the original factory galvanized
steel.
8.Â
Shadow flicker upon any occupied building on any adjacent property
caused by a wind energy system located within 1,000 feet of the occupied
building shall not exceed 10 hours per year.
(a)Â
Noise and/or shadow flicker provisions may not be applicable
if the following conditions are met:
1)Â
The applicant and affected property owner(s) sign
an agreement that allows the noise and/or flicker to exceed the above-noted
requirements.
2)Â
The written agreement shall state the Zoning Ordinance
requirements, indicating in what respect(s) the system does not comply
with requirements, and shall state the maximum limit the noise and/or
flicker may be above the zoning requirement.
3)Â
Any such agreement shall be recorded with the Bucks
County Recorder of Deeds and shall run with the land.
4)Â
The agreement shall note that it cannot be modified
without the written approval of the Township.
9.Â
Wind systems shall not interfere with the reception of any radio,
television or other communication equipment nor inhibit solar access
to adjacent properties.
10.Â
No artificial lighting (unless required by the FAA), signage
(with the exception of warning signage at the base of the tower),
or any forms of advertising shall be utilized or attached to the wind
system.
11.Â
Minimum lot area: one acre.
[Amended by Ord. 2017-01-03, 1/23/2017]
12.Â
No wind energy system shall be permitted in any open space that
has been set aside as part of a development, whether owned by a single
owner or a homeowners' association, nor shall a wind energy system
be permitted on any property preserved through a Township, county,
state, or federal conservancy preservation program.
13.Â
Each proposed wind energy system shall be designed and engineered
to provide for safe operation. Detailed plans shall be submitted with
the zoning permit application. The engineering studies shall demonstrate
to the satisfaction of the Township that the system shall be structurally
sound and operate safely and in compliance with the requirements of
this section, the Pennsylvania UCC, and any other applicable state
and federal statutes, rules, and regulations.
14.Â
The power generated by a wind energy system shall not be sold
to any other person or entity except the energy utility designated
to serve the property. Use of the power generated by the wind energy
system shall be limited to the lot on which the system is located.
15.Â
A hazard warning sign, a minimum of two feet by two feet in
size, shall be posted near ground level at the base of the wind energy
system. There shall be no other signs or advertising on the system.
16.Â
Within six months of the time that the use of the wind energy
system is discontinued, the system shall be dismantled and removed
from the property.
H8.Â
Satellite Antennas.
a.Â
Definition. Satellite antennas shall be subject to the following
restrictions:
b.Â
Regulations.
1.Â
A satellite antenna shall not be located within the required
front yard setback and shall not be placed in front of a dwelling.
2.Â
A satellite antenna shall comply with the setback requirements
of an accessory use, but shall not be setback from property line a
distance less than 1.25 times the height of the antenna structure.
3.Â
No satellite antenna shall be placed on the roof of a structure
in a residential district.
4.Â
A maximum of one satellite antenna shall be permitted on any
lot.
5.Â
A satellite antenna shall have a maximum diameter of 11 feet.
6.Â
A satellite antenna shall have a maximum possible height of
15 feet above the average ground level.
7.Â
Any satellite antenna that is ground mounted shall be screened
by appropriate evergreen plantings on approximately 180° of the
360° horizontally surrounding the satellite antenna. Such evergreens
shall be six feet high at the time of planting.
8.Â
If a satellite antenna is to be located a minimum of 200 feet
from all exterior lot lines, the requirements of this section, other
than the height requirements shall not be binding.
9.Â
Satellite antenna on mobile stands are prohibited except as
may be initially needed to determine the best location for an antenna.
10.Â
No satellite antenna provided for under this section shall be
used for the transmission of commercial electronic signals within
the residential districts.
11.Â
Any satellite antenna shall be properly secured so that it will
be resistant to high winds.
H9.Â
Amateur Radio Antenna.
a.Â
Definition. An amateur radio antenna shall be subject to the following
regulations.
b.Â
Regulations.
1.Â
Height. No amateur radio antenna, including its supporting structure,
shall have a total height above the average surrounding ground level
of greater than 50 feet.
2.Â
Anchoring. Any amateur radio antenna shall be properly anchored
to resist high winds.
3.Â
Location. An amateur radio antenna that is not attached to the
principal building shall be located no less than 1.25 times the height
of the structure from any property line. Also the same requirements
as Subsection H8.b.1 shall apply.
H11.Â
Recreational and Other Vehicle Storage.
a.Â
Definition. A vehicle or piece of equipment, whether self-powered
or designed to be pulled or carried, intended primarily for leisure
time or recreational use. Recreational vehicles or units include,
but are not limited to, the following: travel trailers, truck-mounted
campers, motor homes, folding tent campers, autos, busses or trucks
adapted for vacation use, snowmobiles, minibikes, all-terrain vehicles,
go-carts, boats, boat trailers and utility trailers.
H12.Â
Garage or Yard Sales.
a.Â
Definition. The temporary display and sale of goods and craft
items on residentially used property.
b.Â
Regulations.
1.Â
Such temporary uses shall be limited to occurrences of not more
than three consecutive days. Such occurrences shall be limited to
not more than four occurrences in a calendar year. There shall be
at least a thirty-day period between such occurrences.
2.Â
Signs advertising garage or yard sales shall be limited to 12
square feet in size. Such signs shall be posted no more than two days
prior to the first day of the sale and shall be removed on the final
day of the sale. No more than three off-premises signs shall be placed.
The location of off-premises signs must be approved by the property
owners of the properties upon which they are to be fixed.
H13.Â
Household Pets.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
a.Â
Definition.
The keeping of a limited number of domesticated animals, commonly
kept inside a residence, as household pets, at home without commercial
intent.
b.Â
Regulations.
1.Â
No use shall involve the keeping of household pets in such a
manner that it creates a nuisance (including noise or smell), a health
hazard, and/or a safety hazard. All pets shall be contained, corralled,
fenced, or otherwise physically kept upon their owner's property.
Pets shall not roam off of their home property unattended and/or not
on a leash or lead.
2.Â
.No more than six, in total, dogs, cats, pot-bellied pigs, and/or
other pets (not including pets kept within cages in a house, pigeons,
fowl, or fish) may be kept for private purposes. No numerical restriction
shall apply to pets of less than three months of age.
3.Â
Any outside area in which pets are kept shall be suitably enclosed
if the pets are not tethered or otherwise physically restrained. This
area shall not be within the front yard and shall be located at least
20 feet from any dwelling on a neighboring property.
4.Â
Up to a total of 12 pigeons or other fowl may be maintained
in a rear yard, provided it is on a noncommercial basis and is strictly
an incidental use. The area in which the fowl or pigeons are kept
shall be enclosed by a fence that will contain them, all parts of
which are at least 50 feet from any lot line and are not closer than
100 feet to the nearest dwelling other than that of the owner. The
keeping of roosters shall be prohibited on lots less than three acres
in size. The keeping of more than 12 pigeons or fowl shall be considered
to be General Farming (Use A1) or Intensive Agriculture (Use A4),
whichever is most applicable.
5.Â
The keeping of more than six, in total, dogs, cats, pot-bellied
pigs, and/or other pets (not including pets kept within cages in a
house, pigeons, fowl, or fish) shall be considered to be a Commercial
Kennel (Use A9).
H14.Â
Accessory Dwelling.
a.Â
Definition. A single-family detached dwelling used as a residence
by relatives, tenant farmers or employees of a farm or estate.
b.Â
Regulations.
1.Â
All dimensional requirements of the zoning district applicable
to principal buildings shall be observed, including, but not limited
to, setback requirements and maximum building coverage.
[Amended by Ord. 2017-01-03, 1/23/2017; and by Ord. 2017-06-07, 6/5/2017]
2.Â
A separate permit shall be obtained from the Bucks County Department
of Health for the sanitary waste disposal system if an on-site system
is proposed for the accessory dwelling.
3.Â
Only one accessory dwelling shall be allowed for each lot or
parcel of land.
4.Â
An accessory dwelling shall be allowed only a lot or a parcel
of land on which the principal use is B1 Single-Family Detached Dwelling.
5.Â
An accessory dwelling shall be allowed only a lot or a parcel
of land which is twice the minimum lot area requirement of the zoning
district.
H15.Â
Home Occupation.
a.Â
Definition. A use for occupational gain conducted entirely within
a dwelling or in a building accessory thereto that is clearly incidental
and secondary to the use of the building for dwelling purposes.
b.Â
Regulations.
1.Â
A home occupation must be conducted within a dwelling which
is the bona fide residence of the principal practitioner or in an
accessory building thereto which is normally associated with a residential
use. The home occupation shall be carried on wholly indoors.
2.Â
The maximum amount of floor area devoted to this home occupation
shall not be more than 25% of the ground floor area of the principal
residential structure or 400 square feet, whichever is less. The ground
floor area of the principal residential structure shall not include
the area of an attached garage or other similar building. At least
850 square feet of the total floor area must remain in residential
use.
3.Â
In no way shall the appearance of the residential structure
be altered or the occupation within the residences be conducted in
a manner which would cause the premises to differ from its residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients, other than those signs permitted by this chapter.
4.Â
One sign is permitted per home occupation providing that it
is no larger than three square feet per side bearing only the name,
occupation and office hours of the practitioner. In addition, it shall
not be illuminated or placed in a window.
5.Â
All commercial vehicles shall be parked on-lot in a garage or
an enclosed structure. Only one commercial vehicle may be parked on
a residential lot.
6.Â
Off-street parking spaces are not permitted in the front yards.
A ten-foot driveway providing access to parking areas in the side
or rear of the property may be located in the front yard. All off-street
parking areas must be located at least 10 feet from any property line.
Off-street parking lots with three or more spaces shall be buffered
from abutting residences. Hedge material as specified in § 27-2802.b.4
shall be placed on three-foot centers. Alternately, a four-foot to
five-foot fence may be erected which provides a visual screen.
7.Â
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation and no goods shall be publicly
displayed.
8.Â
No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, odors, dust or electrical
interference detachable to the normal senses off the lot. No equipment
or process shall be used which creates visible or audible interferences
in any radio or television receivers off the premises.
9.Â
Home occupations shall not include the following: animal hospitals,
commercial stables and kennels, funeral parlors or undertaking establishments,
antique shops, tourist homes, restaurants and rooming-boarding-lodging
houses.
10.Â
A zoning permit shall be required for all home occupations.
11.Â
No-impact home-based businesses are permitted in all residential zoning districts, as a use permitted by right, subject to §§ 107 and 603 of the Pennsylvania Municipalities Planning Code, as amended. All other home occupations as currently defined in this chapter shall comply with this section, the Use Regulations of the individual districts, and § 27-306, Land Uses by Zoning District.
H15a.Â
Professional
Offices. A professional office is a service oriented business use
conducted within an enclosed area specifically designed for the functional
needs of the use, wherein the professional services of the practitioner
is the salable commodity offered to the client.
1.Â
Professional offices shall include, but not be limited to, the
following:
a.Â
Salesmen, sales representative or manufacturer's representative.
b.Â
Architect, engineer or land surveyor.
c.Â
Real estate agent, realtor or broker.
d.Â
Dentist, doctor, psychiatrist or veterinarian (not including
a clinic).
e.Â
Lawyer, accountant or insurance agent.
f.Â
Office of a minister, rabbi or priest.
2.Â
No more than two persons other than resident members of the
immediate family may be employed.
3.Â
The minimum lot area shall be two acres except in the C1 and
VR district where it shall be permitted in any detached structure
on lots of 10,000 square feet or larger.
H15b.Â
Personal Services. A
service business shall include, but not be limited to, barbers, beauticians
or photographers.
1.Â
Beauty parlors and barber shops may be permitted as a conditional
use provided no more than two beauty parlor or barber chairs are provided.
2.Â
No more than one person, other than resident members of the
immediate family, may be employed.
3.Â
The minimum site area shall be two acres, except in the C1 and
VR districts where it shall be permitted in any detached structure
on lots of 10,000 square feet or larger.
H15c.Â
Instructional Services.
An instructional service shall be a home occupation in which the practitioner
provides the client with special instruction in a specific area of
study. The establishment of this home occupation shall not require
a room or series of rooms specifically designed for that purpose.
H15d.Â
Home Crafts. Home crafts
shall include business activities whereby the commodity for sale is
manufactured and may be sold on the site by the resident craftsman.
1.Â
Home crafts shall include, but not be limited to, the following:
artists, sculptors, dressmakers, seamstresses and tailors; and include
such activities as model making, rug weaving, lapidary work and furniture
making.
2.Â
Home crafts are permitted only in single-family detached dwellings
and existing accessory buildings on the same lot.
3.Â
No more than one person other than resident members of the immediate
family may be employed.
H15e.Â
Trades, Business. This
shall be defined as the use of a residence as a base of operation
for the business, but not including the conduct of any phase of the
trade on the property. Trades included in this home occupation include,
but are not limited to: electrician, plumber, carpenter, mason, painter,
roofer and similar occupations.
1.Â
No more than one business vehicle may be parked on the property
including noncommercial trucks and vans with loading capacities not
exceeding 3/4 (0.75) ton. The business vehicle shall be parked in
an enclosed structure.
2.Â
The area of the office, storage of materials and equipment (excluding
vehicles) shall not exceed the limitations of Subsection H15.b.3 above.
3.Â
No assembling, manufacturing, processing or sales shall be conducted
on the property.
4.Â
The buffer requirements of this chapter shall be met.
H15f.Â
Repair Services. This
use shall be defined as a repair shop for appliances, lawn mowers,
watches, guns, bicycles, locks, small business machines or goods.
This use shall not include automobile, truck and motorcycle repairs.
1.Â
No additional people other than resident members of the immediate
family may be employed.
2.Â
The buffer requirements of this chapter shall be met.
3.Â
In addition to the off-street parking spaces required in this
chapter for the particular residential use concerned, this accessory
use shall provide one off-street space for the home occupation.
H15g.Â
Family Day
Care. This shall be defined as a family day-care use, and is a facility
in which care is provided for one or more children, but no more than
six children at any one time, who are not relatives of the caregiver
and where the child care areas are being used as a family residence.
1.Â
Licensing, Approval and Permit Procedures. Prior to the final approval of the use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services manual by this Department to the Applicant subject to licensure under Article X of the Public Welfare Code.
2.Â
This use shall be conducted in a building designed for residential
occupancy and for the safety and well-being of the occupants.
3.Â
A minimum outdoor play area of 200 square feet of contiguous
area shall be provided for each child as a recreational area for the
children. This area shall not include any impervious surface or parking
areas used for other purposes.
4.Â
Family day-care uses are only permitted as an accessory use
in a detached dwelling.
5.Â
If a family day-care use is located adjacent to a nonresidential
use, a parking lot or on a street classification higher than a residential
access street, the outdoor play area must be enclosed by a four-foot
high fence. The outdoor play area should be located to the side or
rear of the property.
6.Â
No more than one person other than resident members of the immediate
family may be employed.
7.Â
The buffer requirements of this chapter shall be met.
8.Â
The use, by special exception, may be expanded to a Group Day-Care
Home which is a facility in which care is provided for more than six
but no more than 11 children. The following criteria shall be met:
H16.Â
Short-Term Rental.
[Added by Ord. No. 2020-11-04, 11/16/2020]
a.Â
Definition. The renting out of one or more rooms in conjunction
with a single-family detached dwelling on a short-term basis, usually
through websites such as Airbnb® or
VRBO®. This Short-Term Rental Use is
allowed subject to the requirements for a B1 Single-Family Detached
Dwelling Use and the provisions listed below.
b.Â
Standards.
1.Â
Accessory Use. This Short-Term Rental Use shall be accessory
only to a B1 Single-Family Detached Dwelling Use and shall be allowed
only where:
(a)Â
The B1 single-family detached dwelling is the principal
building on the property and is used by its owner(s) as his/her/their
primary residence.
(b)Â
The room(s) offered for rent shall be within a
principal building that meets all of the requirements of the Township's
Building Code and the Pennsylvania Uniform Construction Code for residential
occupancy. No rooms or areas in temporary structures shall be rented
under this use.
(c)Â
The owner of the single-family detached dwelling
must be present overnight on the same property as the dwelling during
the course of the short-term rental.
(d)Â
The rental period for a specific occupant(s) shall
be less than 15 consecutive nights and less than a total of 50 nights
a year.
(e)Â
The total rental period for the property shall
be no more than 24 separate rentals a year and no more than a total
of 150 nights a year.
(f)Â
The entire principal dwelling shall not be rented
out as a short-term rental.
(g)Â
Any type of food preparation by the owner or any
agent or employee of the owner for any short-term renter(s) or in
conjunction with the Short Term Rental Use is prohibited.
2.Â
The number of bedrooms that can be rented out at any one time
shall be as follows:
3.Â
Parking. One off-street parking space per bedroom being rented
out shall be provided on the same lot as this use. Such spaces shall
be in addition to any other parking requirements applicable to the
other uses being conducted upon the lot. Each space shall be at least
nine feet by 18 feet in size; improved to a mud-free condition; and
freely accessible to a public street without having to move other
vehicle(s) or backing into the street.
4.Â
The owner shall be responsible for any zoning or other ordinance
violation(s) committed by any short-term tenant, in addition to the
tenant's liability.
5.Â
Any signage and/or advertisement upon the property indicating
the use of the property as a short-term rental shall be prohibited.
c.Â
Application and Permit. The following shall be complied with
concerning the application for and issuance of a zoning permit for
this accessory use:
1.Â
Contact information for the owner in case of emergencies or
violations shall be provided with the application.
2.Â
Along with the permit application, the owner/applicant shall
provide proof of the applicant's ownership of and permanent residence
at the property that is the subject of the application. Acceptable
proof of permanent residence includes: applicant's driver's license,
voter registration, or any other document(s) showing the address of
the property which the Zoning Officer determines provide equivalent
proof of permanent residence.
3.Â
A zoning permit for this use shall only last one year. The owner/applicant
is responsible for renewing this permit in a timely fashion.
4.Â
A zoning permit for this use may be revoked by the Township
for any of the reasons listed below. An owner/applicant whose short-term
rental zoning permit has been revoked pursuant to this subsection
shall not be eligible to receive a new zoning permit for this use
for one year.
I.Â
Office Uses.
I1.Â
Medical Office.
a.Â
Definition. Office or clinic, including laboratories incidental thereto,
for medical or dental examination or treatment of persons as out-patients.
b.Â
Regulations.
1.Â
The buffer requirements of this chapter shall be met.
2.Â
A lot or structure being occupied by this use may contain multiple
separate tenants, users, offices, or businesses all operating as an
I1, I3, or I4 Use and still be considered one principal use, so long
as all of the other applicable requirements of this chapter are met.
[Added by Ord. No. 2020-11-04, 11/16/2020]
I2.Â
Veterinary Office.
I3.Â
General Office.
a.Â
Definition. Business, professional or governmental office other than
Uses I1 and I2.
b.Â
Regulations.
1.Â
The buffer requirements of this chapter shall be met.
2.Â
A lot or structure being occupied by this use may contain multiple
separate tenants, users, offices, or businesses all operating as an
I1, I3, or I4 Use and still be considered one principal use, so long
as all of the other applicable requirements of this chapter are met.
[Added by Ord. No. 2020-11-04, 11/16/2020]
I4.Â
Medical and Pharmaceutical Sales Office.
a.Â
Definition. An office for the professional sales staff of firms engaged
in the sale of medical equipment and supplies and Pharmaceuticals.
b.Â
Regulations.
1.Â
The buffer requirements of this chapter shall be met.
2.Â
A lot or structure being occupied by this use may contain multiple
separate tenants, users, offices, or businesses all operating as an
I1, I3, or I4 Use and still be considered one principal use, so long
as all of the other applicable requirements of this chapter are met.
[Added by Ord. No. 2020-11-04, 11/16/2020]
J.Â
Retail and Service Uses.
J1.Â
Retail Store.
a.Â
Definition. A shop or store selling commodities and goods to the
ultimate consumer. Not included under this use are vehicular sales,
over-the-counter sale of alcoholic beverages in a tavern or bar, or
a store with greater than 15 square feet of floor area devoted to
the display of pornographic materials.
J2.Â
Adult Commercial/Adult Entertainment. Any adult or sexually oriented
business, including any business establishment that regularly features
live performances, which are distinguished or characterized by an
emphasis on the exposure of the genitals or buttocks of any person,
or the breasts of any female person, or specified sexual activities
that involve the exposure of the genitals or buttocks of any person,
or the breasts of any female person, or any business whose primary
purpose is the sale or display of matter that, because of its sexually
explicit nature, may, pursuant to state law or other regulatory authority,
be offered only to persons over the age of 18 years. Adult commercial/adult
entertainment may include an adult arcade, adult bookstore, adult
cabaret, adult motion-picture theater, or adult visual materials or
video store as defined in this section. Adult commercial/adult entertainment
also includes any other use or business, regardless of how named or
advertised, which is of a character like or similar to the uses and
businesses described herein.
a.Â
ADULT ARCADE
ADULT BOOKSTORE
ADULT CABARET
ADULT MOTION-PICTURE THEATER
ADULT VISUAL MATERIALS OR VIDEO STORE
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
REGULAR FEATURES
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
The following definitions shall apply to use J2 Adult Commercial/Adult
Entertainment:
Any place in which the public is or private members are permitted
or invited, whether open and accessible to the general public, or
if limited by membership, and regardless of entry fee, or lack thereof,
or other restriction or regulation, wherein coin-operated or slab-operated
or electronically, electrically, or mechanically controlled still
or motion picture, or video machines, projectors, or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
An establishment having as a substantial, significant, or
preponderant portion of its stock in matter which are distinguished
or characterized by their emphasis on content depicting, describing
or relating to specified sexual activities or specified anatomical
areas as defined herein.
A building, or portion thereof, or area regularly featuring
the presentation or exhibition of live performers whose performances
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas as hereinafter defined; or whose performances are
rendered in a state of dress so as to expose the female breast below
a point immediately above the top of the areola; male or female genitals;
pubic areas; buttocks; or the female breast with only the nipple or
areola covered, or any combination thereof, for observation by patrons
or customers. Persons in a state of nudity, either full body or half-body
nudity, shall at no time be closer than five feet to a patron. For
the purpose of this section half-body nudity shall be defined as a
person without clothes on the bottom half of his or her body, or with
no clothes, or only the nipple or areola covered, on the top half
or his or her body.
A building or portion thereof or area, open or enclosed,
used for the presentation on more than one-third of the days in a
calendar year during which motion-picture films, video cassettes,
cable television or any other such visual media are displayed or exhibited,
of films, videocassettes, cable television or other visual media which
are distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified
anatomical areas as hereinafter defined for observation by patrons
or customers. "Adult motion-picture theater" does not include any
room or suite of rooms rented for human occupancy in a hotel or motel
which is equipped or furnished with a video cassette playing machine
or cable television.
A building or portion thereof used by an establishment having
not less than 10% of its actual display area devoted to; or stock
in trade for sale or rental to the public or any segment thereof consisting
of books, magazines, other publications, films, video cassettes, or
any combination thereof which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as hereinafter defined.
The dominant or essential theme of the object described by
such phrase.
With respect to an adult business means a regular, substantial
course of conduct. The presentation, in or at any building or portion
thereof, of live performances which are distinguished or characterized
by an emphasis upon the display or specified anatomical areas or specified
sexual activity on four or more occasions within a calendar year shall
to the extent permitted by law be deemed to be a regular and substantial
course of conduct.
Any of the following: (a) Less than completely and opaquely
covered human genitals, pubic region, buttocks and female breast below
a point immediately above the top of the areola; and (b) Human male
genitals in a discernibly turgid state, even if completely and opaquely
covered; (c) Any device, costume or covering that simulates any of
the body part included in (a) or (b) above.
Any of the following whether performed directly or indirectly
through clothing or other coverings: (a) Human genitals in a state
of sexual stimulation or arousal; (b) Sexual acts, actual or simulated,
including sexual intercourse, oral copulation or sodomy; and (c) Fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breast; (d) Masturbation, actual or simulated; and (e) Excretory
functions as part of or in a connection with any of the other activities
described in (a) through (d) above.
b.Â
The building or structure of such use shall be located no less than
500 feet from any residential zoning district. The five-hundred-foot
separation distance shall be measured from the nearest property boundary
of the two uses being measured for this locational restriction.
c.Â
No such use shall be located within 2,000 feet of a similar use.
d.Â
No person under the age of 18 years of age shall be permitted within
a building whose operation would be considered an adult use.
e.Â
No adult commercial/adult entertainment use shall be operated in
any manner that permits the observation of any material or activities
depicting, describing or relating to specific sexual activities or
specified anatomical areas from any public way or from any location
outside the building or area of such establishment, or from any other
part of a multi-use building not permitted and designed for use as
an adult commercial/adult entertainment facility. This provision shall
apply to any display, decoration, sign, show window or other opening.
No exterior door or window on the premises shall be propped or kept
open at any time while the business is open, and any exterior windows
shall be covered with opaque covering at all times.
f.Â
All off-street parking areas and premises entries of the adult commercial/adult
entertainment use shall be illuminated from dusk to closing hours
of operation with a lighting system which provides an average maintained
horizontal illumination of one footcandle of lighting on the parking
surface and/or walkways. The required lighting level is established
in order to provide sufficient illumination of the parking areas and
walkways servicing the adult commercial/adult entertainment use for
the personal safety of patrons and employees and to reduce the incidence
of vandalism and criminal conduct.
g.Â
All parking areas must be located in front of the building.
h.Â
Such use shall only be operated between the hours of 9:00 a.m. to
1:00 a.m. (either on the eastern standard or daylight saving time
system). Extended hours of operation may be approved by the Board
of Supervisors upon submission of a written request by the applicant/owner
of the facility. The Board of Supervisors shall take into consideration
the type of facility, amount of usage, and impact on adjoining properties
when reviewing such requests.
i.Â
An adult commercial/adult entertainment use shall not include the
following:
1.Â
Any activity conducted or sponsored by a school district or
other public agency; so long as such activity is being conducted as
part of and within the scope of an authorized and regular part of
the curriculum or is part of a training or instructional program being
conducted by a public agency.
2.Â
Any activity conducted by a person pursuant to any license issued
by the State of Pennsylvania or any agency thereof charged with the
responsibility of licensing, prescribing standards for and supervising
such activity or profession, in and to the extent that such activity
is conducted within the course and scope of the exercise of the privileges
authorized by such license, or the duties of such agency.
j.Â
Minimum parking requirement: One space for each 100 square feet of
floor area.
J3.Â
Service Business.
J4.Â
Financial Establishments.
a.Â
Definition. Bank, savings and loan association, credit union or other
financial establishment.
J7.Â
Drive-In and Other Eating Places.
a.Â
Definition. Place for the consumption of food and nonalcoholic beverages
other than Use J6 Eating Place.
b.Â
Regulations.
1.Â
All trash containers shall be screened.
2.Â
Up to two outdoor menu boards may be provided with a maximum
sign area each of 20 square feet and no printing larger than 10 inches
high (in addition to the signs normally permitted) if drive-up service
is provided to customers in their vehicles.
3.Â
The buffer requirements of this chapter shall be met.
J9.Â
Indoor Entertainment.
a.Â
Definition. Private club or a recreation facility operated as a gainful
business. Examples include, but are not limited to, a social club,
bowling alley and skating rink. This use shall not include theaters,
amusement halls, billiard parlors or indoor athletic clubs.
J10.Â
Theater.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. A building in which films are shown or stage shows
are performed, regardless of the type of film or program presented.
This use does not include open air, outdoor, or drive-in theaters,
or any type of activity that falls under the J2 Adult Commercial/Adult
Entertainment use.
b.Â
The buffer requirements of this chapter shall be met.
J11.Â
Indoor Athletic Club.
a.Â
Definition. An indoor athletic club shall include buildings
for indoor court games played with a ball such as racquetball, handball,
squash, tennis, basketball and volleyball; facilities for exercise
equipment and health clubs.
J12.Â
Amusement Hall or Arcade.
a.Â
Definition. An entertainment facility operated as a gainful
business within a building or structure providing amusement devices
or games, including pool or billiard rooms or similar facilities.
b.Â
Regulations.
1.Â
An amusement device or game is defined to be each coin-operated
machine, mechanical machine or electronic machine which operates or
may be operated as a game or contest of skill or amusement of any
kind or description. Such devices shall be governed by this use in
any location where more than four such devices are located.
2.Â
This use shall be located no closer than 1,500 feet, measured
in all directions, to a school or church.
3.Â
Such use shall only be operated between the hours of 10:00 a.m.
and 10:00 p.m.
4.Â
No audio speakers or equipment shall be installed inside or
outside the location of such use which would cause sounds to emanate
to the exterior of the premises.
5.Â
The buffer requirements of this chapter shall be met.
J13.Â
Outdoor Entertainment.
a.Â
Definition. Outdoor entertainment and recreation facilities
operated as a gainful business including, but not limited to, miniature
golf, an outdoor skating rink, a golf driving range or an outdoor
target range/gun club.
b.Â
Regulations.
1.Â
The buffer requirements of this chapter shall be met.
2.Â
Lighting facilities provided shall be arranged in a manner which
will protect highway and neighboring properties from direct glare
or hazardous interference.
3.Â
Where an outdoor target range/gun club is established:
(a)Â
All outdoor target ranges shall have an earthen
barrier behind the target area which is of sufficient height and thickness
to adequately provide for the public safety.
(b)Â
The use shall comply with National Rifle Association
standards and other applicable federal, state and local regulations.
(c)Â
The use shall be located a minimum of 1,000 feet
from the lot line of any existing residential use or residential district.
(d)Â
The use shall fully comply with the noise standards
of this chapter.
(e)Â
The use shall clearly not result in a hazard to
life or property.
(f)Â
The use shall be completely fenced in and be properly
posted.
J14.Â
Outdoor Motion Picture Establishment.
a.Â
Definition. An open lot with its appurtenant facilities used
for the showing of motion pictures, theatrical productions or concerts
on a paid admission basis to patrons seated in automobiles.
b.Â
Regulations.
1.Â
Such uses shall have frontage on an arterial or collector highway
and all access shall be taken from the arterial or collector highway.
The applicant shall provide an analysis of the physical conditions
of the road system at the proposed points of access. Improvements
to insure safe turning movements and traffic safety shall be provided
by the applicant as required by the Board of Supervisors. The applicant
shall provide sufficient vehicle stacking area or marginal access
road to ensure that entering vehicles will be able to pull off the
road.
2.Â
The motion picture screen shall be no closer to any property
line than 1Â 1/4 (1.25) times the height of the picture screen
or the minimum yard requirements of the zoning district, whichever
setback is greater.
3.Â
The motion picture screen shall not be oriented towards the
arterial or a collector highway.
4.Â
The applicant shall provide a plan for buffering in accordance
with Part 28 and shall meet the following standards:
(a)Â
Along an adjacent property line that is zoned or
used for residential purposes, buffering shall be in accordance with
the following:
1)Â
A six-foot solid wooden fence within the exterior
50 feet of the buffer yard and one deciduous tree, 1Â 1/2 inch
caliper minimum, at an average of one tree per 40 linear feet of buffer
plus one evergreen tree, three-foot minimum height, at an average
of one tree per 20 linear feet of buffer. The trees shall be placed
between the fence and the property line;
2)Â
A five-foot berm planted on top as in Subsection
b.4.(a) above;
3)Â
One deciduous tree, 1Â 1/2 inch caliper minimum,
at an average of one tree per 40 linear feet of buffer, plus one evergreen
tree, three-foot minimum height, at an average of one tree per 20
linear feet of buffer, plus one deciduous shrub, three-foot minimum
height, per four linear feet of buffer.
J15.Â
Motel-Hotel.
a.Â
Definition. Motel, hotel; a building or group of buildings for
the accommodation of transient guests, chiefly motorists, containing
guest rooms for rent.
b.Â
Regulations.
1.Â
The buffer requirements of this chapter shall be met.
2.Â
Motels and hotels may include accessory restaurant facilities,
conference facilities, meeting rooms and tavern facilities. In addition
to the parking requirements of this chapter, parking shall be provided
for the accessory facilities based on one off-street parking space
for each 50 square feet of total floor area or one off-street parking
space for every four seats, whichever requires the greater number
of spaces.
3.Â
A hotel or motel shall serve only temporary guests. A use that
is routinely inhabited by any persons for periods longer than 30 days
shall be considered a boarding house and regulated as such.
4.Â
Access. The site must have direct access onto either an arterial
or a nonresidential street that intersects with an arterial street.
5.Â
Fire Protection.
(a)Â
Every building must have a complete sprinkler system,
be supplied with smoke detectors and have automatic and manual fire
alarm systems. No Motel or Hotel may be within 200 feet of any other
primary building. All buildings shall be of fire-resistant construction.
All fire lanes and driveways shall be at least 30 feet in width and
be constructed so as to handle fire equipment of up to 20 tons in
all types of weather. Fire hydrants shall be supplied so that no hose
line from any pumper is in excess of 100 feet.
J16.Â
Guest House.
a.Â
Definition. The use and occupancy of a detached residential
dwelling for the accommodation of transient guests.
b.Â
Regulations.
1.Â
No more than eight guest rooms may be provided. No more than
two adults and two children may occupy one guest room.
2.Â
The minimum lot area for the guest house use shall be three
acres.
[Amended by Ord. 2017-01-03, 1/23/2017]
3.Â
The buffer requirements of this chapter shall be met.
4.Â
There shall be no use of show windows for display or advertising
visible outside the premises to attract guests other than a single,
identification sign which may not exceed eight square feet.
5.Â
One bath facility shall be provided for every two public guest
rooms.
6.Â
No external alterations, additions or character defining changes
to the exterior structure shall be permitted except as required by
the Pennsylvania Department of Labor and Industry or for safety reasons
as required by another governmental agency.
7.Â
The use shall be carried on primarily by members of the immediate
family which must reside on the premises. Nonresident employees shall
be limited to three in addition to the resident members of the family.
8.Â
There shall be no separate kitchen or cooking facilities in
any guest room.
9.Â
The maximum, uninterrupted length of stay at a guest house shall
be 14 days.
10.Â
The use of any amenities provided by the guest house such as
a swimming pool or tennis courts shall be restricted in use to the
guests of the establishment.
11.Â
The use may not be established until there is compliance with
the other Township rules and regulations. In addition to original
compliance, the guest house will be periodically inspected by the
Fire Marshal for compliance with all Township safety standards, including,
but not limited to, the Township Fire Code.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
J17.Â
Repair Shop.
a.Â
Definition. Repair shop for items including, but not limited
to, appliances, lawn mowers, watches, guns, bicycles, locks, small
business machines: but not including automobiles, motor cycles, trucks,
trailers and other heavy equipment.
J18.Â
Laundry.
a.Â
Definition. An establishment providing washing, drying or dry
cleaning machines on the premises for rental use to the general public
for laundering or dry cleaning purposes: or a clothes cleaning and
pressing pick-up point, or a clothes dry cleaning and pressing establishment.
J19.Â
Service Station or Car-Wash.
a.Â
Definition. The retail sale of vehicular fuels and/or a car-washing
facility; and including as accessory uses the sale and installation
of lubricants, tires, batteries and similar accessories and/or the
sale of groceries and similar convenience-type products.
b.Â
Regulations.
1.Â
Minimum lot width of not less than 250 feet shall be provided
along each street on which the lot abuts.
2.Â
The sale of convenience-type products shall be limited to a
maximum floor area of 2,000 square feet.
3.Â
Access to roads shall be at least 200 feet from the intersection
of any streets.
4.Â
All activities except those to be performed at the fuel pumps
shall be performed within a completely enclosed building.
5.Â
Fuel pumps and canopies shall be at least 25 feet from any ultimate
street right-of-way.
6.Â
All automobile parts and similar articles shall be stored within
a building.
7.Â
All refuse shall be stored within a building or enclosed area.
8.Â
Paint spraying or body and fender work shall not be permitted.
9.Â
Lubrication, oil changes, tire changes and repairs are permitted
if performed entirely within the principle building.
10.Â
Vehicles shall not be stored outdoors for more than five days
while awaiting repairs.
11.Â
Junk vehicles may not be stored in the open at any time.
12.Â
There shall be an ability for a minimum of four vehicles to
be serviced at each cluster of gasoline pumps or to be lined up behind
cars being serviced, without obstruction of access into or out of
the use.
13.Â
Where a car wash is present:
(a)Â
On-lot traffic circulation channels and parking
areas shall be clearly marked.
(b)Â
Water used in the operation shall be collected
and recycled, and shall not flow into any storm sewers.
(c)Â
Water from the car wash operation shall not flow
onto sidewalks or streets.
(d)Â
Any car wash that is located within 200 feet of
an existing residence shall not operate between the hours of 10:00
p.m. and 7:00 a.m.
(e)Â
Any chemicals that may be hazardous to aquatic
life shall be stored within an area that will completely contain any
leaks or spills.
(f)Â
Approval shall be secured from the Pennsylvania
State Police Fire Marshal for the underground storage of fuel. The
Pennsylvania State Police Fire Marshal shall be contacted if fuel
tanks are temporarily or permanently abandoned.
(g)Â
The buffer requirements of this chapter shall be
met.
J20.Â
Automobile Sales.
a.Â
Definition. Sale of automobiles by a duly franchised new car
dealership, or a used car dealership. Car, truck, trailer, cycle and
boat rental facility including repair work conducted as an accessory
use.
J21.Â
Automobile Repair.
a.Â
Definition. Automobile repair garage, including paint spraying
and body and fender work, provided that all repair and paint work
is performed within an enclosed building.
J22.Â
Automobile Accessories.
a.Â
Definition. Sale and/or installation of automotive accessories,
parts, tires, batteries and other supplies. Installation and storage
of parts shall be in an enclosed structure.
J24.Â
Shopping Center.
a.Â
Definition. A shopping center which is planned and designed
as a complex of related structures and circulation patterns.
b.Â
Regulations.
1.Â
In a shopping center, the following uses shall be permitted:
(a)Â
Retail shops and stores selling apparel, books,
confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts,
hardware, toys, household appliances, jewelry, notions, periodicals,
shoes, stationary, tobacco, paint, records, cards, novelties, hobby
and art supplies, music, luggage, sporting goods, pets, floor covering,
garden supplies, greenhouses and fabrics, provided all products produced
on the premises are sold on the premises at retail. Also included
within this use shall be the sale of soft drinks and beer. However,
not included within this use is a bar, tavern or tap-room, the principal
business of which is the sale of alcoholic beverages. Also excluded
are all slot machines, gaming devices and coin operated amusement
devices.
(b)Â
Service business including barber, beautician,
laundry and dry cleaning, shoe repair, tailor, photographer and travel
agency.
(c)Â
Financial Establishment: Bank, savings and loan
association, credit union and other financial establishment.
(d)Â
Restaurant or eating place for the sale and consumption
of food and beverages. The sale of alcoholic beverages must be incidental
to the sale and consumption of food. Drive-in facilities shall be
permitted provided there is a vehicle waiting lane for at least six
vehicles. The waiting lane shall be separated from other circulation
lanes.
(e)Â
Automotive Accessories: Sale of automotive accessories,
parts, tires, batteries and other supplies. Installation of parts
shall be in an enclosed structure and may be a separate structure.
(f)Â
Entertainment: Indoor movie theater and indoor
entertainment.
(g)Â
Motel-Hotel: A building or group of buildings for
the accommodation of transient guests, chiefly motorists, containing
guest rooms for rent.
(h)Â
Medical Office: Office or clinic including laboratories
incidental thereto, for medical or dental examination or treatment
of persons as out-patients.
(i)Â
Office: Business, professional, governmental or
municipal services.
(j)Â
Any use of the same general character as any of
the above permitted uses, when authorized as a special exception by
the Zoning Hearing Board, provided that such use shall be permitted
subject to such reasonable restrictions as the Board may determine.
2.Â
Buffer yard areas shall be provided and planted along all street
front-ages and around the perimeter of the shopping center development
that adjoins adjacent properties. Along street frontages and adjoining
properties in nonresidential zoning districts, a minimum buffer of
30 feet shall be required. Along property lines of adjoining properties
in residential zoning districts a fifty-foot buffer is required. A
planting area at least 15 feet wide shall be provided on either side
of all entrances to the mall separating the entrance drives from the
parking areas.
3.Â
Outdoor storage and displays shall conform to the provisions
of § 27-305.L2.
4.Â
The distance at the closest point, between any two buildings
or groups of units of attached buildings, shall be not less than 20
feet.
5.Â
Lighting facilities shall be provided and arranged in a manner
which will protect the highway and neighboring properties from any
direct glare or hazardous interference of any kind.
6.Â
Dimensional Requirements.
[Added by Ord. 2017-01-03, 1/23/2017]
J25.Â
Self-Storage. Warehouse/storage units/areas provided under month-to-month
leases to the general public for the purpose of storage of articles
commonly associated with residential and commercial properties; where
such articles remain in the care, custody, and control of the lessee.
Does not include data storage centers. Mini-warehouses and warehouse
buildings may occupy the same site, so long as all of the regulations
for both types of storage are met.
[Amended by Ord. 2017-01-01, 1/3/2017]
a.Â
Mini-Warehouse. Storage units contained in single-story structures
that are only accessible from the exterior.
1.Â
Dimensional Requirements.
2.Â
Minimum aisle width between buildings shall be 26 feet.
3.Â
The storage facilities complex shall be surrounded by a fence
at least eight feet in height of a type approved by the Township.
The Township Police Department and the fire company providing fire
coverage to the site shall be provided with the key/combination/code/etc.
necessary to open any gate or entrance to the site.
5.Â
One office, no larger than 2,000 square feet, is permitted as
an accessory use. Retail sales of storage- and moving-related products
(locks, boxes, tape, labels, moving supplies, etc.) are allowed within
the office area.
6.Â
One dwelling unit, no larger than 1,000 square feet, is permitted
as an accessory use to provide for a full-time caretaker.
7.Â
Each structure shall not exceed 10,000 square feet in size.
Multiple structures are allowed on the site as a part of this use.
8.Â
Minimum Requirements for Lease Restrictions.
(a)Â
No business activities other than leasing of storage
units and related retail sales shall be permitted.
(b)Â
No explosive, toxic, radioactive, or highly flammable
materials shall be stored on the property. Bulk storage of chemicals
is prohibited.
(c)Â
Stored items shall not leak any fluids; create
any dust, odors, or noise; attract vermin; or create any other type
of nuisance.
b.Â
Warehouse Buildings. Storage units contained in a single structure
that are predominantly accessible from the interior. May be climate-controlled.
1.Â
2.Â
Minimum spacing between buildings shall be 50 feet. Minimum
aisle width between storage units within buildings shall be five feet.
3.Â
If any storage units are directly accessible from the exterior
of a building, the storage facilities complex shall be surrounded
by a fence at least eight feet in height of a type approved by the
Township. The Township Police Department and the fire company providing
fire coverage to the site shall be provided with the key/combination/code/etc.
necessary to open any gate or entrance to the site.
5.Â
One office, no larger than 2,000 square feet, is permitted as
an accessory use. Retail sales of storage- and moving-related products
(locks, boxes, tape, labels, moving supplies, etc.) are allowed within
the office area.
6.Â
One dwelling unit, no larger than 1,000 square feet, is permitted
as an accessory use to provide for a full-time caretaker.
7.Â
Each structure shall not have a building footprint in excess
of 75,000 square feet and shall not contain more than 200,000 square
feet of floor area. Multiple structures are allowed on the site as
a part of this use.
8.Â
Minimum Requirements for Lease Restrictions.
(a)Â
No business activities other than leasing of storage
units and related retail sales shall be permitted.
(b)Â
No explosive, toxic, radioactive, or highly flammable
materials shall be stored on the property. Bulk storage of chemicals
is prohibited.
(c)Â
Stored items shall not leak any fluids; create
any dust, odors, or noise; attract vermin; or create any other type
of nuisance.
9.Â
Elevation plans/architectural renderings of warehouse buildings
shall be provided to the Township for review and comment.
c.Â
Exterior Storage. Storage of boats, vehicles, and equipment
outside of a unit or building. This is an accessory use and can only
be done in conjunction with either or both of the above mini-warehouse
or warehouse building activities.
1.Â
Such exterior storage must be within a fully fenced area. The
fencing must be eight feet tall and must provide a solid visual screen
of a type approved by the Township to screen the stored items from
any adjacent street or neighboring property. In addition, the exterior
of the fence shall be landscaped with evergreens planted every 10
feet to 20 feet on center along the fence perimeter, depending upon
the species of evergreen as determined by the Township Engineer. The
Township Police Department and the fire company providing fire coverage
to the site shall be provided with the key/combination/code/etc. necessary
to access any exterior storage areas on the site.
2.Â
The area of exterior storage shall be limited to 10% of the
floor space of the indoor storage areas on the site.
3.Â
The area of exterior storage shall meet the minimum setbacks
for the principal use on the site.
4.Â
Stored items shall not interfere with traffic movement through
the site.
5.Â
Stored items shall not leak any fluids; create any dust, odors,
or noise; attract vermin; or create any other type of nuisance.
6.Â
Stored items in a state of disrepair shall be fully concealed
by a tarp or similar opaque covering.
J26.Â
Dwelling in Combination.
a.Â
Definition. An accessory dwelling unit that is clearly subordinate
to an institutional, commercial, consumer service or office use.
b.Â
Regulations.
1.Â
Where permitted, a dwelling in combination may be used as an
accessory use with an institutional, commercial, consumer service
or office use that is permitted within the applicable district. Where
permitted, a dwelling in combination may be used as an accessory use
with a nonconforming institutional, commercial, consumer service or
office use under the requirements of this chapter.
2.Â
The buffer requirements of this chapter shall be met.
3.Â
In addition to the requirements for the principal use, the minimum
floor area, minimum lot area and minimum off-street parking requirements
of this chapter for accessory dwelling shall be met.
4.Â
The maximum density in the C-1 District shall be 2.0 dwelling
units per acre.
J27.Â
J28.Â
Office Supplies and Equipment Sales and Service.
a.Â
Definition. The sale of stationary and other supplies normally
used in the operation of an office; and the sale and servicing of
equipment normally used in the operation of an office, including but
not limited to typewriters, copiers, computers and telephones.
b.Â
Regulations. The buffer requirements of this chapter shall be
met.
J31.Â
Planned Community Center Mixed Use.
[Amended by Ord. 2014-09-04, 9/15/2014; by Ord. 2017-01-03,
1/23/2017; and by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. A planned community center mixed use ("PCCM") is
a planned development designed as a complex of architecturally compatible
structures with a traffic circulation pattern connecting the uses
that comprise the center, which will minimize traffic movements on
external streets bordering the center, with appropriate landscaping
designed to create an attractive, cohesive streetscape.
b.Â
Use Regulations.
1.Â
Only one or more of the following principal sub-uses may be
included in a PCCM:
B5
|
Single-Family Attached
|
B6
|
Multifamily
|
C3
|
Personal Care Center
|
D1
|
Nursery School/Day-Care Center
|
E7
|
Community Center
|
I1
|
Medical Office
|
I2
|
Veterinary Office
|
I3
|
General Office
|
I4
|
Medical and Pharmaceutical Sales Office
|
J1
|
Retail Store
|
J3
|
Service Business
|
J4
|
Financial Establishment
|
J5
|
Funeral Home or Mortuary
|
J6
|
Eating Place
|
J11
|
Indoor Athletic Club
|
J19
|
Service Station or Car Wash
|
J22
|
Automotive Accessories
|
J26
|
Dwelling in Combination
|
J27
|
Nonresidential Conversion
|
J28
|
Office Supplies and Equipment Sales and Services
|
2.Â
Only the following accessory sub-uses may be included in a PCCM
when combined with one of the allowed principal sub-uses listed above:
H1
|
Garage/Off-Street Parking
|
H3
|
Fences, Walls
|
H8
|
Satellite Antennas
|
H12
|
Garage or Yard Sales
|
H13
|
Household Pets
|
H15
|
Home Occupation
|
L1
|
Nonresidential Accessory Building
|
L2
|
Outside Storage or Display
|
L3
|
Temporary Structure
|
L4
|
Temporary Community Event
|
L9
|
Off-Street Parking
|
L10
|
Signs
|
L12
|
Cafeteria
|
L13
|
Training Center
|
3.Â
Except for the area and dimensional requirements which are set
forth in the following subsection, any principal or accessory sub-use
established as a part of a PCCM shall meet all of the requirements
applicable to that principal or accessory sub-use as set forth elsewhere
in this chapter.
4.Â
Neither outdoor kennels or runs nor overnight boarding of animals
shall be permitted in conjunction with the I2 Veterinary Office sub-use.
5.Â
Drive-through services are permitted in conjunction with the
J1 Retail Store and J4 Financial Establishment sub-uses, but not in
conjunction with the J6 Eating Place sub-use.
c.Â
Area and Dimensional Requirements.
1.Â
Minimum base site area: 15 acres.
2.Â
The area and dimensional criteria for permitted nonresidential sub-uses within the PCCM shall be as set forth in § 27-1202 for the C-1 Zoning District or as to those specific uses set forth in § 27-305. The area and dimensional criteria for nonresidential sub-uses as set forth above may be modified by the Board of Supervisors during the conditional use process, provided that each individual nonresidential sub-use provides for sufficient fire access and safety and sufficient areas for pedestrian and vehicular traffic to and from the proposed sub-use.
3.Â
Where residential sub-uses are proposed, the following requirements
shall be met:
(a)Â
The applicable area and dimensional requirements for the proposed sub-use shall be those set forth for that type of use in § 27-305.
(b)Â
No more than 25% of the base site area within any PCCM may be developed with residential sub-uses. Any PCCM containing residential sub-uses shall also provide open space adjacent to these residential sub-uses. This open space area shall not count towards the 25% area limitation on residential sub-uses and shall be a minimum of 1/3 the area developed with residential sub-uses (but in no case shall it be less than 5% of the base site area). The provided open space shall comply with the requirements of Part 27 of this chapter.
4.Â
Where the proposed PCCM consists of more than one lot or parcel,
there shall be no required setbacks to lots, buildings, or other structures,
such as driveways and parking spaces, or between the lots or parcels
comprising the PCCM, provided a cross-easement agreement or declaration
of covenants, easements, conditions, and restrictions enables the
lots or parcels comprising the PCCM to function as one integrated
development. Cross-easements shall be provided to adjacent parcels
when possible and appropriate, unless determined by the Board of Supervisors
at the Board's sole discretion that they are not needed or desired.
Where the neighboring property owner is unwilling to grant a cross
easement, the applicant shall provide for future connections to adjoining
properties. Such cross-easements or declarations shall be subject
to review and approval by the Township.
d.Â
Performance and Design Regulations.
1.Â
No outdoor service of food, outdoor sales, or outdoor displays
shall be permitted unless approved by the Board of Supervisors, at
the Board's sole discretion. Outdoor seating may be permitted, provided
that sufficient area for pedestrian traffic is provided.
2.Â
All outdoor storage and trash collection areas shall be located
to the rear of the building and shielded from adjacent properties
and all streets. Any outside storage shall be considered an L2 Outside
Storage or Display use and shall comply with all the requirements
for this use, in addition to the above regulations.
3.Â
Lighting facilities shall be installed in a manner which will
protect the highway and neighboring properties from any direct glare
or hazardous off-site interference.
4.Â
The PCCM shall be designed to enhance the historic and cultural
character of New Britain Township. No concrete-block or tilt-up concrete
walls shall be permitted. Walls shall be differentiated with offsets,
windows, facade details, changes in color or materials. All walls
of a building should be architecturally consistent with the front
facade, and all building faces visible from the street or abutting
properties shall have the same architectural features and style as
the front facade, with the exception of storefront glass, which may
wrap around.
5.Â
The PCCM shall be designed to accommodate pedestrian and vehicular
traffic safely.
6.Â
Vehicular Access. An effort shall be made to limit curb cuts
onto adjacent arterial highways.
7.Â
Pedestrian Access. The PCCM shall have internal walkways to
provide pedestrian access from adjacent residential developments and
to connect to adjacent commercial, office, and institutional uses.
8.Â
In connection with the J19 Service Station or Car Wash sub-use,
the sale of convenience-type products shall be limited to a maximum
floor area of 6,000 square feet. The requirement of the J19 sub-use
for a minimum lot width of 250 feet shall be deemed satisfied where
the lots that are included in the PCCM have a combined minimum lot
width of 250 feet or greater. This provision is intended to supersede
any inconsistent provisions of § 27-305.J.J19.
e.Â
Special Sign Regulations. In addition to the sign regulations set forth in Part 26 of this chapter, all signs within a PCCM shall comply with the following guidelines. Where there is a conflict between the regulations of Part 26 and these guidelines, these guidelines shall control:
1.Â
Purpose of Sign Design Guidelines.
(a)Â
To provide guidance to property owners, businesses,
and sign makers to design and install only signage that is attractive
as well as being functional.
(b)Â
To help businesses and others identify themselves
in a manner that promotes a positive image for the establishment and,
if applicable, for the shopping center or commercial area in which
a business is located.
(c)Â
To promote well-designed signs which successfully
communicate their messages in a clear and effective manner.
(d)Â
To encourage creative and innovative approaches
to signage which comply with the spirit and intent of the sign regulations
of New Britain Township.
(e)Â
To enhance overall property values and the community's
visual environment by encouraging signs that contribute to improving
the overall visual image of the community through appropriate size,
quantity, clarity, and innovative designs and discouraging visual
clutter.
(f)Â
To ensure that commercial signs are designed for
the purpose of identifying a business in an attractive and functional
manner rather than to serve primarily as product advertising.
2.Â
General Design Principles. Signs should make a positive contribution
to the general appearance of the streetscape and/or the commercial
area in which they are located. Where a business or a coordinated
development has more than one sign, all signs shall be designed to
be compatible with one another in terms of materials, color, lettering
style and logo usage. Where business uses are interspersed with residential
uses, signs shall be designed and located with sensitivity to the
residential areas. Illumination shall be designed to minimize impact
on adjacent residences or residential uses.
3.Â
Relationship to Building Architecture. Signs shall be designed
with regard for, and to integrate with, the architectural style, historical
significance, and/or inherent character of the building. Signs shall
fit on a building as if they were one of its architectural elements.
Signs enhance the primary design elements or unique architectural
features of the building. Signs shall be designed with regard for
the specific location where they will be placed on the building or
site and shall be consistent in materials, colors, size, and architectural
style.
4.Â
Sign Location and Placement. For wall signs, the architectural
design of the building will suggest the appropriate placement location.
Signs shall be positioned to respect and complement the design of
a building, including the arrangement of bays and openings. Wall-mounted
signs or fascias above storefront windows shall be sized to fit within
existing friezes, lintels, spandrels, and other such features and
not extended above, below or beyond them. A wall sign shall be centered
horizontally on the vertical surface to which it is affixed. In positioning
a freestanding sign, consideration shall be given to general lot characteristics,
roadway curves, and building location on the lot.
5.Â
Size and Proportion. A sign shall be proportional in size to
the area where the sign is to be located, and the lettered and graphic
area of a sign shall be proportional in size to the overall size of
the sign background. A general rule is that the text and graphic elements
shall not appear to occupy more than 2/3 of the sign area. In addition,
the length of a wall-mounted sign shall not exceed 50% of the frontage
width of that sign's establishment or building.
6.Â
Color. Colors shall be selected that enhance sign legibility
for both daytime and nighttime viewing. Contrast shall be used to
increase clarity. Building colors shall be considered when selecting
sign colors. Sign colors and finishes shall be compatible with the
color of the building or development.
7.Â
Materials. Signs shall be constructed using high-quality, durable
and low-maintenance materials. Sign materials shall be compatible
and complementary with the design of the building and facade on which
they are placed.
8.Â
Lighting.
(a)Â
Internal Illumination. When signs other than channel
letters are internally lit, only the sign copy (words/logo) shall
be illuminated. The sign background or field shall be opaque and of
a nonreflective material. Any portion of the background that is lighted
shall be included in the calculation of that sign's area, even if
this lit background is not part of the sign. Only the following methods
of internally lighting signs are allowed:
(b)Â
External Illumination. External lighting fixtures
shall only project light on a sign from above. Light fixtures shall
be simple and unobtrusive in appearance and size, and shall be positioned
as to not obscure the sign's message and graphics. Light sources shall
be shielded as such that the light source is directed away from passersby.
Light sources shall be directed against the sign such that it does
not shine onto adjacent property or cause glare for motorists and
pedestrians. Bare light bulbs shall not be exposed.
9.Â
Signage-Specific Regulations.
(a)Â
Window Signs. Window signs are directed primarily
at pedestrians and are meant to be read at close range at pedestrian
eye level. As such, small-scale signs are more appropriate. Hand-painted
and paper window signs are discouraged. Window signs shall be applied
directly to the interior face of the glazed area of the window or
hung inside the window.
(b)Â
Freestanding Signs. Single pole (lollipop, tee,
cross, or flagpole-type) signs are prohibited. Monument or structured
signs with monument base and landscaping as part of the overall coordinated
design shall be architecturally designed and incorporate design details,
materials, and colors of the associated buildings. Freestanding signs
shall be placed perpendicular to approaching vehicular traffic. All
freestanding signs shall be placed within a substantial planted and
landscaped area or raised planter which is of a shape, size, and design
to provide a compatible setting and ground definition to the sign.
(c)Â
Awning Signs. Opaque fabric is required. Lettering/logo
details may be painted or screen printed or cut in. Lettering and/or
graphic elements shall comprise no more than 30% of the total exterior
surface of an awning or canopy. Awning signs shall be included within
the maximum calculated signage permitted. If an awning sign is internally
illuminated, only the sign letters, logo and ornamentation shall be
translucent. The background material shall be opaque.
(d)Â
Projecting Signs. Mounting hardware shall be an
attractive and integral part of the sign design. The design of a projecting
sign may incorporate visually interesting elements such as painted
or applied letters, two- or three-dimensional symbols or icons, and
internal cut-outs. No portion of the sign may extend at a level higher
than the lowest portion of the closest roofline (i.e., if affixed
to a wall, the sign may not be higher than the gutter line, even though
the roof peak may be higher).
10.Â
Prohibited Signs and Sign Elements.
(a)Â
Signs without permits.
(b)Â
Temporary or sandwich board signs of any type.
(c)Â
Signs painted upon vehicles or other stationary
objects, other than those approved signs affixed to structures or
other permitted stationary signs.
(d)Â
Hand-held signs.
(e)Â
Signs with fluorescent or Day GloTM colors.
(f)Â
The use of internally illuminated box/cabinet-type
signs, particularly those with translucent backlit panels; also, the
use of rectangular or square box/cabinet-type signs without any sort
of distinctive or artistic curvilinear form.
(g)Â
Pole-type freestanding signs.
(h)Â
The use of neon tubing or similar lighting to outline
the perimeter of windows, doorways, storefronts, buildings, canopies,
etc.
(i)Â
Wall signs, any portion of which is located above
the eaves of a building.
11.Â
Permitted Signs. The following signs shall be permitted on each
property with buildings thereon in accordance with the provided regulations.
All other signs and all off-premises signs are expressly prohibited.
(a)Â
Wall Signs. All wall signs shall comply with the
following requirements:
1)Â
No wall sign shall project more than 12 inches from
the wall to which it is attached;
2)Â
No wall sign shall extend beyond the corners of
a building or above the cornice or eaves of a building;
3)Â
Wall signs shall be placed in the sign frieze area
and shall not exceed a height of 20 feet from the ground to the top
of the sign, regardless of the height of the building; and
4)Â
A retail store having a minimum gross floor area
of 80,000 square feet or more and located a minimum of 150 feet from
the street line shall have lettering no larger than 36 inches in height
on a wall sign and, where located a minimum of 250 feet from the street
line, shall have lettering no larger than 48 inches on a wall sign,
provided that the maximum wall sign area does not exceed one square
foot for each linear foot of building frontage.
(b)Â
Window Signs. Window signs readily visible from
a public or private street shall be prohibited. Other window signs
shall be limited to 10% of the window area.
(c)Â
Wall Murals. Painted wall murals shall be considered
signs and shall comply with all regulations applicable to wall signs.
(d)Â
Projecting or Hanging Signs. Signs may project
from the face of the building or hang from a roof canopy, provided
that such signs shall not exceed six square feet in area; shall not
project more than 40 inches from the building; and shall provide a
minimum clearance of eight feet from a walkway.
(e)Â
Ground Signs. All ground signs shall comply with
the following requirements:
1)Â
One ground sign shall be permitted on a lot per
500 feet of street frontage on one street.
2)Â
All ground signs shall be set back a minimum of
five feet from any right-of-way line.
3)Â
Ground signs shall not exceed 75 feet in area. No
dimension of a ground sign shall exceed 20 feet.
4)Â
The maximum height to the top of any ground sign
shall not exceed 15 feet, nor shall it extend above the lowest part
of the main roofline of the principal building on the same lot, whichever
is lower.
5)Â
A ground sign shall identify the name of the business
located on the same lot as the sign and shall include the street address
number of the property at least four inches in height.
(f)Â
Gas Station Signs. Gas stations may have one combination
name and product pricing/message freestanding sign per street frontage,
with a maximum of two such signs permitted. Portable signs shall be
prohibited.
(g)Â
Notwithstanding the provisions of § 27-2613.a.2,
LED, electronically changing, reader board signs shall be permitted,
provided that any advertising copy posted on the reader board sign
will not be changed more than once every 20 minutes and will not create
the appearance of flashing, scrolling, and/or intermittent lighting.
12.Â
General Standards.
(a)Â
Permits. No sign, except as provided herein, shall
be erected, altered or otherwise changed, except for normal maintenance,
unless a zoning permit and a building permit have been issued by the
Township.
(b)Â
Illumination. Any illuminated sign or lighting
device shall employ only lights emitting a light of constant intensity
and shall be designed, located, erected, and maintained to confine
or direct all illumination to the surface of the subject sign and
away from adjoining premises or the street upon which it fronts or
faces.
(c)Â
Maintenance. All signs, together with their supports,
shall be kept in good repair and in safe condition. The owner of the
premises on which a sign is erected shall be responsible for keeping
such sign and premises in a safe and neat condition.
(d)Â
Measurement of Sign Area.
1)Â
Sign area is that area enclosed by one continuous
line connecting the extreme points or edges of a sign. This area does
not include the main supporting sign structure but shall include multiple
signs attached to a single sign structure.
2)Â
When a sign is double-faced, only one face shall
be counted in computing the sign's area.
3)Â
Letter Size. Lettering shall be no larger than 18
inches in height, except as otherwise permitted by these regulations.
4)Â
The total area of all signs, except for ground signs,
shall not exceed 1Â 1/2 square feet in area for each linear foot
of building frontage.
5)Â
No one business use or tenant shall have more than
two signs on a lot, except that one additional sign shall be allowed
on one side wall of a structure facing two streets and computed at
one square foot for every two linear feet of side wall.
6)Â
In addition, one wall identification sign shall
be permitted at a secondary business entrance facing a parking lot,
not to exceed one square foot in area for every four linear feet of
secondary wall frontage.
7)Â
For buildings of 100,000 square feet or more, one
additional wall identification sign shall be permitted at a secondary
business entrance facing or directly across the street from a parking
lot which is utilized to comply with the required parking for that
building, not to exceed one square foot in area for every four linear
feet of secondary wall frontage.
13.Â
Multi-Tenant/Use Buildings. Multi-tenant/use developments or
structures shall have a master sign plan for the development. All
signs proposed shall be illustrated upon the master sign plan. Signs
in a multi-tenant/use building or development shall share a generally
common design in terms of type of sign, materials, size, shape, illumination,
placement, alignment, and method of attachment. New or replacement
signs proposed for existing buildings shall provide a compatible appearance
with the existing signage of other tenants/uses.
(a)Â
In multi-use buildings, the total sign area permitted
shall be prorated among the individual building tenants by the owners
and made part of the approved signage plan.
(b)Â
Signs for individual lot occupants of a PCCM shall
comply with a coordinated signage plan for the entire property. Such
signs shall be uniform in at least two of the following respects:
letter size, letter type, and style or the coordination of sign colors
and locations.
(c)Â
Sign plans must be submitted as part of the conditional
use application for the PCCM.
(d)Â
The Board of Supervisors, at its sole discretion,
may waive, increase, decrease, or otherwise modify any particular
aspect of the sign regulations as part of the conditional use process
up to a maximum of 50% dimensionally, provided that any such modification
is deemed necessary to satisfy the purpose and intent of this section
or to improve the overall appearance of the sign plan.
14.Â
Temporary Signs. Temporary signs shall comply with the following
requirements:
(a)Â
Signs temporarily affixed to a window or door are
permitted, provided that they do not exceed 10% of the area of the
window or door and are in place for not more than 30 days.
(b)Â
Special advertising devices for new businesses,
such as banners, pennants and streamers, are permitted by special
permit of the Zoning Officer for not more than 30 days in a twelve-month
period.
(c)Â
Signs for a special event shall be removed immediately
following the event should it occur prior to the thirty-day limitation.
(d)Â
Real estate signs for a commercial building may
be in place for the period of the offering and shall not exceed 16
square feet.
(e)Â
Real estate signs for a residential building may
be in place for the period of the offering and shall not exceed eight
square feet.
f.Â
Special Parking Regulations.
g.Â
The natural resource protection standards of Part 24 shall be
applicable to the PCCM, except to the extent they are specifically
modified below:
h.Â
Conditional Use Considerations. In addition to the general conditions for conditional uses set forth in § 27-3008 of this chapter, the applicant shall provide additional information set forth below necessary for the Board of Supervisors to evaluate the application.
1.Â
The applicant shall incorporate traffic-calming devices on site
to discourage cut-through traffic and to promote safe circulation
and access to the site.
2.Â
Where deemed appropriate by the Board of Supervisors, additional
green areas may be preserved on site in lieu of construction of required
parking areas by including reserve parking areas on site.
3.Â
At its sole discretion, the Board of Supervisors may increase
building heights upon submission by the applicant of increased green
and/or buffer areas on site, and provided that any proposed building
heights can be safely serviced by local fire service providers.
4.Â
The applicant shall show alternatives for future access and
driveway connections to abutting commercial properties.
5.Â
The Board of Supervisors may modify tree removal and/or tree
replacement requirements based upon the quality and species of trees
to be removed.
J32.Â
Neighborhood Commercial Center.
[Amended by Ord. 2017-01-03, 1/23/2017; and by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. A neighborhood commercial center ("NCC") is planned
and designed as a complex of related structures and circulation patterns
and shall be designed as a single architectural style with appropriate
landscaping.
b.Â
Use Regulations.
1.Â
Only one or more of the following principal sub-uses may be
included in an NCC:
D3
|
Commercial Trade School
|
E8
|
Library or Museum (whether or not conducted as a for-profit
business)
|
I3
|
General Office
|
I4
|
Medical and Pharmaceutical Sales Offices
|
J1
|
Retail Store
|
J3
|
Service Business
|
J4
|
Financial Establishment
|
J6
|
Eating Place (except for uses serving and/or selling alcoholic
beverages)
|
J18
|
Laundry
|
J28
|
Office Supplies and Equipment Sales and Service
|
J30
|
Photocopying Services
|
2.Â
Only the following accessory sub-uses may be included in an
NCC when combined with one of the allowed principal sub-uses listed
above:
L1
|
Nonresidential Accessory Building
|
L2
|
Outside Storage or Display
|
L3
|
Temporary Structure
|
L4
|
Temporary Community Event
|
L9
|
Off-Street Parking
|
L10
|
Signs
|
L12
|
Cafeteria
|
L13
|
Training Center
|
3.Â
Except for the area and dimensional requirements which are set
forth in the following subsection, any principal or accessory sub-use
established as a part of an NCC shall meet all of the requirements
applicable to that principal or accessory sub-use as set forth elsewhere
in this chapter.
4.Â
Drive-through services are only permitted in conjunction with
the J4 Financial Establishment sub-use and no other sub-use.
5.Â
If one building is proposed, the NCC shall have a minimum of
three sub-uses, up to a maximum of seven sub-uses, in that building.
If multiple buildings are proposed, a minimum of two sub-uses shall
be required per building, up to a maximum of seven sub-uses in each
building.
c.Â
Area and Dimensional Requirements.
1.Â
Minimum lease area: 1,200 square feet of floor space per unit
within the NCC with an average of 1,600 square feet of floor space
per unit.
2.Â
Minimum site area for NCC: two acres.
3.Â
Minimum lot width: 250 feet.
4.Â
Maximum impervious surface ratio for the site: 65%.
5.Â
Minimum front yard: 40 feet.
6.Â
Minimum rear yard: 30 feet.
7.Â
Minimum side yards: 15 feet.
8.Â
Building separation: 30 feet.
9.Â
The NCC shall provide for 30% open space in a contiguous area
in order to soften the impact of the building, structure, parking,
loading facilities and other paved areas. This open space shall be
calculated on the gross site area and shall be in addition to any
other required buffer yards, park and recreation facilities, and landscaped
areas. No public utilities or stormwater management facilities are
permitted within the required open space.
d.Â
Performance/Design Regulations.
1.Â
No outdoor service of food, outdoor sales, or outdoor displays
shall be permitted unless approved by the Board of Supervisors, at
the Board's sole discretion. Outdoor seating may be permitted, provided
that sufficient areas for pedestrian traffic are provided.
2.Â
All outdoor storage and trash collection areas shall be located
to the rear of the building and shielded from adjacent properties
and all streets. Any outside storage shall be considered an L2 Outside
Storage or Display use and shall comply with all the requirements
for this use, in addition to the above regulations.
3.Â
Lighting facilities shall be installed in a manner which will
protect the highway and neighboring properties from any direct glare
or hazardous off-site interference.
4.Â
The NCC shall be designed to enhance the historic and cultural
character of New Britain Township. No concrete-block or tilt-up concrete
walls shall be permitted. There shall be no uninterrupted lengths
of blank wall longer than 100 feet. Walls shall be differentiated
with recesses, windows, facade details, changes in color or materials.
All walls of a building should be architecturally consistent with
the front facade, and all building faces visible from the street or
abutting properties shall have the same architectural features and
style as the front facade with the exception of storefront glass,
which may wrap around.
5.Â
The NCC shall be designed to accommodate pedestrian and vehicular
traffic safely.
6.Â
Vehicular Access. All NCCs shall limit curb cuts onto arterial
highways and shall provide for rear access to the use from a signalized
intersection. Safe access shall be determined by the Board of Supervisors
during the conditional use hearing.
7.Â
Pedestrian Access. All centers shall have internal walkways
to provide pedestrian access from adjacent residential developments,
and to connect to adjacent commercial, office, and institutional uses.
e.Â
Parking and Loading Facilities.
1.Â
Parking for the NCC shall be the sum of the required parking for each individual sub-use per Part 29 of this chapter, or one parking space per 200 square feet of total floor area, whichever is greater; plus, two additional employee parking spaces per sub-use shall be provided along the rear of the building(s).
f.Â
Signs.
1.Â
One freestanding sign shall be permitted for any NCC, unless
the property on which the center use is located fronts on more than
one street, in which event, one sign may be erected on each frontage.
2.Â
All freestanding signs shall be monument-type signs and shall
be limited to 50 square feet of sign area, with a maximum height of
six feet. All freestanding monument signs shall have bases and supports
designed and landscaped to screen associated utility and service equipment.
3.Â
Each commercial sub-use in an NCC shall be permitted one sign
per exposed front exterior wall. The surface area of each sign shall
not exceed 10% of the surface area of the exposed exterior wall or
up to a maximum of 32 square feet, whichever is smaller. These signs
may not project more than two feet from the facade or building overhang,
and if any sign projects more than six inches from the face of the
building, the bottom of the sign must be at least eight feet above
any adjacent walkway. The height of a building sign shall not exceed
the height to the uppermost projection of the building at the location
on the facade where it is to be located. Each wall sign shall be a
minimum of two feet from the edge of each building unit.
4.Â
A maximum of one directional sign shall be permitted at each
point of ingress/egress to an NCC. Directional signs shall not exceed
six square feet per sign and shall be no higher than three feet at
their tallest point. The sign shall be limited to the necessary directional
information plus the name and/or logo of the NCC.
5.Â
Any proposed window signs shall not exceed a total of 15 square
feet per building unit.
J33.Â
Special Personal Services.
[Added by Ord. 2015-09-06, 9/21/2015]
a.Â
Definition. A retail facility offering massages, psychic readings,
body piercing, branding, tattooing, smoking parlor, and/or other similar
uses.
b.Â
The service must be performed in compliance with all federal,
state, and local regulations, rules and laws regulating such practices.
c.Â
When bodily contact is an intrinsic part of the service provided
(i.e., massages, psychic readings, body piercing, branding, and tattooing),
the service must be performed in sanitary conditions.
d.Â
Any special personal services use shall be a minimum of 1,000
feet from the nearest public or private school, public parks, religious
institutions, and residential neighborhoods.
e.Â
No more than two special personal services shall be located
within 500 feet of each other.
f.Â
The personal service provider shall display notices as required
by Pennsylvania law regarding the necessity of parental consent before
any procedure is performed on a minor.
g.Â
No person shall operate a massage business, health center, or
health salon whereby a masseur or masseuse or any other person shall
treat a person of the opposite sex. This prohibition shall not apply
to any of the following types of treatments:
1.Â
In the office of a licensed physician, osteopath, chiropractor,
or physical therapist.
2.Â
In a regularly established medical center, hospital, or sanatorium.
3.Â
In a residence of a person under a medical doctor's care by
the direction of such doctor.
4.Â
Upon the order of a licensed physician, osteopath, chiropractor,
or physical therapist.
J34.Â
Dispensary.
[Added by Ord. 2017-01-02, 1/3/2017]
a.Â
Definition. A shop or store holding a permit issued by the Pennsylvania
Department of Health to dispense medical marijuana and that sells
medical marijuana to the ultimate consumer. No other retail sales
or other activities are allowed under this use.
b.Â
Regulations.
1.Â
The buffer requirements of this chapter shall be met.
2.Â
No outside display or storage is allowed.
3.Â
The establishment and operation of a dispensary shall fully
comply with the Pennsylvania Medical Marijuana Act (35 P.S. § 10231.101
et seq.) and the regulations promulgated thereunder, including, but
not limited to, Chapters 1141 and 1151 of Title 28 of the Pennsylvania
Code (28 Pa. Code Chapters 1141 and 1151).
K.Â
Industrial Uses.
K3.Â
Wholesale Business, Wholesale Storage, Warehousing.
K5.Â
Contracting.
a.Â
Definition. Contractor offices and shops, such as building, electrical,
plumbing, heating, masonry, painting, and roofing contractors.
[Amended by Ord. 2017-06-07, 6/5/2017]
b.Â
Regulations.
1.Â
The buffer requirements of this chapter shall be met.
2.Â
All materials and vehicles shall be stored within a building
or an enclosed area which is properly screened. Any outside storage
shall be considered an L2 Outside Storage or Display use and shall
comply with all the requirements for this use, in addition to the
above regulations.
[Amended by Ord. 2017-01-03, 1/23/2017]
K6.Â
Truck Terminal.
a.Â
Definition. A use of land or structures for the storage of trucks
and/or the transfer of freight from one truck to another.
b.Â
Regulations.
1.Â
The minimum lot area for a truck terminal shall be 10 acres.
[Amended by Ord. 2017-01-03, 1/23/2017]
2.Â
Short term warehousing may be permitted under this use.
3.Â
The truck terminal shall be licensed by the Public Utilities
Commission.
4.Â
Trucks with compressors running 24 hours a day shall be located
within a quadrangle of buildings or walls.
5.Â
The buffer requirements of this chapter shall be met.
K11.Â
Junkyard.
a.Â
Definition. An area of land, with or without buildings, used
for the storage of used or discarded materials, including but not
limited to waste paper, rags, metal, building materials, house furnishings,
machinery, vehicles or parts thereof, with or without the dismantling,
processing, salvage, sale or other use of disposition of the same.
The deposit or storage in a licensed junkyard of two or more motor
vehicles not having valid inspection stickers issued by the Pennsylvania
Department of Transportation, excluding farm vehicles, or two or more
wrecked or broken vehicles, or the major parts of two or more such
vehicles.
b.Â
Regulations.
1.Â
No material shall be placed in any junkyard in such a manner
that it is capable of being transferred out of the junkyard by wind,
water or other natural causes.
2.Â
The boundaries of any junkyard shall at all times be clearly
delineated.
3.Â
All paper, rags, cloth and other fibers, and activities involving
the same, other than loading and unloading, shall be within fully
enclosed buildings.
4.Â
The land area used for junkyard purposes shall not be exposed
to public view from any public street or road by virtue of its location
on a hillside or location on a plateau below street level.
5.Â
Such junk yard shall be entirely enclosed by a solid fence or
wall, at least eight feet but no more than 10 feet high, constructed
of plank boards, brick, cinder block or concrete and with access only
through solid gates. The fence or wall shall be situated no closer
to any street or property line than 50 feet. Such fence or wall shall
be kept in good repair and neatly painted in a uniform color.
6.Â
The contents of such a junkyard shall not be placed or deposited
to a height greater than the height of the fence or wall herein prescribed.
7.Â
Between the fence or wall and the street or property line, buffer
plantings shall comply with either of the following:
(a)Â
One deciduous tree, 1Â 1/2 inch caliper minimum,
at an average of one tree per 40 linear feet of buffer plus one evergreen
tree, three-foot minimum height, at an average of one tree per 20
linear feet of buffer.
(b)Â
One deciduous tree, 1Â 1/2 inch caliper minimum,
at an average of one tree per 40 linear feet of buffer plus one deciduous
shrub, three-foot minimum height, per four linear feet of buffer.
Shrubs shall be privet, forsythia or viburnum species.
8.Â
All materials shall be stored in such a manner as to prevent
the breeding or harboring of rats, insects or other vermin. When necessary,
this shall be accomplished by enclosure in containers, raising of
materials above the ground, separation of types of material, preventing
the collection of stagnant water, extermination procedures or other
means.
9.Â
No explosive, toxic, radioactive, highly flammable or hazardous
materials shall be kept on the property.
10.Â
No burning shall be carried on in any junkyard. Fire shall be
prevented and hazards avoided by organization and segregating of stored
materials, with particular attention to the separation of combustibles
from other materials and enclosure of combustibles where necessary
by the provision of adequate aisles, at least 15 feet, for escape
and firefighting and by other necessary measures.
11.Â
All vehicles must be drained of all liquids before they are
placed in the junkyard. An impervious base, free of cracks and sufficiently
large for draining liquids from all vehicles, shall be provided. The
base should be sloped to drain to a sump or holding tank and liquid
shall be removed from the site as often as is necessary to prevent
overflow of the system. Curbing around the pad must be able to retain
run-off from a hundred-year, twenty-four-hour storm. All hazardous
liquids shall be properly disposed of according to the Pennsylvania
Department of Environmental Resources' Protection Rules and Regulations.
12.Â
A zoning permit shall be obtained on an annual basis.
K12.Â
Extractive Operations.
a.Â
Definition. Extractive operations are quarries for sand, clay,
shale, gravel, topsoil, stone and similar operations including borrow
pits.
b.Â
Regulations.
1.Â
Except where a railroad is a property boundary line, there shall
be a berm of minimum height of 15 feet and maximum height of 50 feet
surrounding the entire property site. The slope of the sides of the
berm shall not exceed a 1:1 ratio. Berms shall be planted and erosion
control measures shall be taken as may be approved by the U.S. Soil
Conservation Service. Berms shall begin at a point no closer to a
street than the ultimate right-of-way line. No berms shall be constructed
closer than 25 feet to a district in which extractive operations are
not permitted. Landscaping of the berms and yard areas shall be sufficient
to screen the extractive operation. Both landscaping and berm construction
shall be according to a plan approved by the Board of Supervisors.
The plan shall include a reasonable timetable for completion. The
landscaping shall consist of evergreens of such species and size as
will produce, within three years, a complete, all season visual screen
of at least eight feet in height.
2.Â
A chain link type fence at least eight feet in height surmounted
by three strands of barbed wire, shall be required within the setback
area at a point no closer than the ultimate right-of-way line and
shall be maintained in a constant state of good repair. Appropriate
warning signs shall be mounted or posted along the fence at intervals
of not more than 100 feet.
3.Â
An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas, or for weighing or access of vehicular traffic originating from, or destined to points beyond the limits of such excavation sites and processing areas. Access shall be regulated in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].
4.Â
No slope shall be maintained exceeding the normal limiting angle
of repose of the material in which the excavation or extraction is
being made. No undercutting shall be permitted within the setback
area.
5.Â
All operations shall be conducted with sufficient lateral support
to be safe with respect to: (1) hazard to persons, (2) physical damage
to adjacent lands or improvements or (3) damage to any street, sidewalk,
parking area or utility by reason of slide, sinking or collapse.
6.Â
Stock piles shall not exceed 75 feet in height from the original
ground surface and shall not be located within the setbacks provided
for in this chapter. All reasonable precautions shall be taken to
prevent any materials or waste deposited upon any stock pile from
being washed, blown or otherwise transferred off the site by normal
causes or forces.
7.Â
All drainage from the site of extractive operations shall be
controlled by dikes, barriers or drainage structures sufficient to
prevent any silt, debris or other loose materials from filling any
existing drainage course or encroaching on streets or adjacent property,
or entering into any stream, pond, well, subterranean stream or other
body of water.
8.Â
No ground vibration caused by blasting or machinery shall exceed
the limits established by the Act of July 10, 1957, P.L. 685, as amended,
73 P.S. §§ 164 — 168 and the rules and regulations
adopted thereunder, with the exception that no blasting shall cause
a peak particle velocity greater than 1.0 inch per second, measured
at the immediate location of any dwelling, public building, school,
church, hospital, commercial or other institutional building.
9.Â
All off-street parking spaces shall be provided as determined
by the Township to adequately serve customers, employees, visitors
and vehicles normally parked on the premises. No parking shall be
permitted in the front, side or rear yards except parking shall be
permitted behind any berm.
10.Â
Any application for a zoning permit or an annual renewal permit
as hereinafter provided shall be accompanied by plans and other information
to satisfy the criteria set forth above and, in addition, shall depict:
(a)Â
Plan of general area within a 0.5-mile radius of
the site at scale of 500 feet or less to the inch with a twenty-foot
or less contour interval to show:
(b)Â
Plan of proposed site at a scale of 100 feet, or
less, to the inch with a five-foot, or less, contour interval to show:
(1)Â
Basic data (soils, geology, ground water data,
water courses).
(2)Â
Vegetation (identify dominant species). Proposed
tree locations.
(3)Â
Wind data (directions and percentage of time).
(4)Â
Proposed usage.
(5)Â
Final grading by contours. Soil embankments for
noise, dust and visual barriers and heights of soil mounds.
(6)Â
Interior road pattern, (relation of operation yard
and points of ingress and egress to state and Township roads.)
(7)Â
Location and estimated amount and description of
aggregate and overburden to be removed.
(8)Â
Location of stock piles and present or proposed
height.
(9)Â
Ultimate use and ownership of site after completion
of operation.
(10)Â
Source and amount of water if final plan shows
use of water. Method of disposition of excess water during operation.
11.Â
Any application for an initial permit or for an annual renewal
permit, as hereinafter provided, shall be referred to the Planning
Commission for review and the Township Engineer for review prior to
action by the Board of Supervisors. The Board of Supervisors in acting
upon any original permit application or annual renewal permit application
shall take into account the following:
12.Â
No permit for any extractive operation shall be issued until
the applicant has demonstrated to the Board of Supervisors that it
has obtained all other permits and approvals required from any other
regulatory agencies to conduct the extractive operations.
13.Â
Annual Renewal Permit.
(a)Â
Each operator/owner of extractive operations shall
be required to apply for and obtain an annual renewal permit during
each year of its operation.
(b)Â
The renewal permit application must be received
by the Township along with the appropriate fee not less than 45 days
prior to the expiration of the then current permit.
(c)Â
The application shall include updated plans and
other materials showing the information required for the issuance
of an original permit.
(d)Â
The annual renewal permit will be issued upon the
Board of Supervisors being satisfied that the applicant has satisfied
all of the obligations required of the owner/operator for an original
issue permit.
14.Â
Fees. Applicants for zoning permits and annual renewal permits
for extraction operations shall pay a fee, which shall be in accordance
with the fee schedule, as may be from time to time, adopted and amended
by the Township.
15.Â
Rehabilitation and Conservation Requirements. The following
provisions shall apply to all extraction operations:
(a)Â
The owner, operator, lessee of any extractive operation
shall, at the time of application for a zoning permit, submit to the
Township its reclamation plan as submitted to the Pennsylvania Department
of Environmental Protection. No permit shall be issued where said
reclamation plan provides for quarrying in areas of the site not permitted
by this chapter.
(b)Â
Along with said plan, the applicant shall include
a timetable for the reclamation proposed for the site in general with
an actual timetable for reclamation of slopes as may be found reasonable
by the Board of Supervisors within the setback areas.
(c)Â
Owner, lessee or operator of any extraction operation
within the Township shall, within six months from the date of this
chapter or receipt of a zoning permit authorizing said extraction
operation, whichever is the latter, submit a plan which shall include
descriptions and plans for suitable after-conditions or after-uses
for all the land affected.
(e)Â
Rehabilitation shall commence within one year following
the completion or the discontinuance for a period of one year of any
extractive operation (or the completion of the excavation of a portion
of an entire operation which can feasibly be restored separately from
other portions of the operation and which is not necessary to the
operation). Such rehabilitation shall be completed within five years
from the date rehabilitation commenced except where a longer period
of time is specifically authorized as part of the rehabilitation program.
Normal benching operations for sloping purposes shall not be construed
as requiring the commencement of rehabilitation.
(f)Â
Rehabilitation shall include removal of all debris,
temporary structures and stock piles.
(g)Â
A layer of arable soil of sufficient depth to sustain
grass, shrubs and trees shall be provided in those parts of the operation
where feasible to do so. Grass, shrubs and trees native to the area
shall be planted thereon within six months after the providing of
arable soil.
(h)Â
Where the extraction operations are to be filled
as part of the rehabilitation process, no material shall be used for
fill purposes other than earth, stone, sand, concrete or asphalt.
(i)Â
Water accumulation upon the site may be retained
after the completion of such operations where the excavation cannot
be reasonably drained by gravity flow, provided that adequate provision
shall be made to avoid stagnation, pollution and the danger of improperly
controlled release of such waters from the site.
(j)Â
Upon receipt of the rehabilitation plans, the Township
shall review the plans to ensure compliance with all provisions of
this performance standard. Upon approval thereof, the Township shall
issue a certificate indicating approval of the plans as submitted
or amended, and the approved plans should be permanently filed in
the official records of the Township.
(k)Â
Plans may be amended from time to time by approval
of the Township upon application of the owners.
(l)Â
A performance bond may be required by the Township
in an amount determined by the Township to be sufficient to insure
the rehabilitation of the affected site in accordance and compliance
with the standards for the issuance of any original permit or annual
renewal permit in accordance with the provisions of the plan of rehabilitation
as submitted pursuant to this chapter, if the bond posted with the
Commonwealth of Pennsylvania Department of Environmental Protection
or other agency is not kept enforce or if the Township is not named
therein. The Township may require that the bond posted with any state
agency may not be withdrawn or reclaimed without Township approval.
With the approval of the Township, and for such period or periods
as may be specified, an owner may be permitted to post his own bond
without corporate surety.
16.Â
To ensure provisions of this article are strictly satisfied,
the Township shall have the right to inspect any extraction operation.
Such inspection, or inspections, as the Township may deem necessary
shall be conducted on any working day of the year, during regular
business hours.
17.Â
No extraction operation or machinery connected therewith shall
operate between the hours of 6:00 p.m. and 6:00 a.m.
K13.Â
Asphalt Plant.
a.Â
Definition. An asphalt plant is an operation which has as its
primary function the mixing of rock materials with asphalt oils or
other binders for road building and construction purposes.
b.Â
Regulations.
1.Â
Any application for a use permit for an asphalt plant shall
be accompanied by the following plans and materials:
(a)Â
Plot plan of the site at a scale of 100 feet to
the inch showing the location and dimensions of the plant in relation
to an extractive or other operations within the site boundaries.
(b)Â
Any and all permits necessary from any state or
other governmental agency which regulates such operations.
(c)Â
Proof that all governmental regulations and guidelines
pertinent to the use have been satisfied.
(d)Â
A plan illustrating methods by which noise, dust,
spread of toxic or hazardous waste will be controlled.
2.Â
No asphalt plant shall operate between the hours of 6:00 p.m.
and 6:00 a.m.
3.Â
The asphalt plant shall be bermed in such fashion that the asphalt
plant is not visible at the property line.
4.Â
Prior to commencing operation of the asphalt plant (as described
in K 14), all screening and berming shall be completed to totally
screen the operation from view from any public street or neighboring
property line.
K15.Â
Industrial Park.
[Amended by Ord. 2017-01-03, 1/23/2017; and by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. A planned development of industrial and related
uses which includes improvements for internal streets, coordinated
utilities, landscaping and buffering.
b.Â
Use Regulations.
1.Â
Only one or more of the following principal sub-uses may be
included in an industrial park:
D1
|
Nursery School/Day-Care Center
|
I3
|
General Office
|
J4
|
Financial Establishment
|
J6
|
Eating Place (except for uses serving and/or selling alcoholic
beverages)
|
J11
|
Indoor Athletic Club
|
J15
|
Motel-Hotel
|
K1
|
Manufacturing
|
K2
|
Research
|
K3
|
Wholesale Business, Wholesale Storage, and Warehousing
|
K4
|
Printing
|
K5
|
Contracting
|
K18
|
Flex Space
|
2.Â
Only the following accessory sub-uses may be included in an
industrial park when combined with one of the allowed principal sub-uses
listed above:
L1
|
Nonresidential Accessory Building
|
L2
|
Outside Storage or Display
|
L3
|
Temporary Structure
|
L4
|
Temporary Community Event
|
L8
|
Nonresidential Radio and Television Towers, Masts, Aerials,
etc.
|
L9
|
Off-Street Parking
|
L10
|
Signs
|
L11
|
Helistop
|
L12
|
Cafeteria
|
L13
|
Training Center
|
3.Â
Except for the area and dimensional requirements which are set
forth in the following subsection, any principal or accessory sub-use
established as a part of an industrial park shall meet all of the
requirements applicable to that principal or accessory sub-use as
set forth elsewhere in this chapter.
c.Â
Area and Dimensional Requirements.
1.Â
Minimum site area: 10 acres.
2.Â
Minimum frontage at right-of-way lines for the site: 250 feet.
3.Â
Maximum height: 35 feet.
4.Â
Minimum building spacing: 100 feet.
5.Â
Minimum setbacks from exterior right-of-way and property lines
for the site: 100 feet.
6.Â
Minimum front yard from an internal street: 50 feet.
7.Â
Minimum internal side yard: 25 feet.
8.Â
Minimum internal rear yard: 50 feet.
d.Â
Performance/Design Regulations.
1.Â
Industrial sub-uses may be located in detached or attached structures.
2.Â
At least 70% of the total floor space of the park must be used
for industrial sub-uses.
3.Â
Accessory outside storage of materials, goods or trash collection
areas must be buffered around the area devoted to storage either by
a six-foot cedar or spruce fence or with a staggered row of evergreen
trees planted every 10 feet along the fence perimeter. Any outside
storage shall be considered an L2 Outside Storage or Display use and
shall comply with all the requirements for this use, in addition to
the above regulations.
4.Â
Lighting facilities shall be provided and arranged in a manner
which will protect the highway and neighboring properties from direct
glare or hazardous interference of any kind.
5.Â
The buffer requirements of this chapter shall be met.
6.Â
Noise standards of this chapter shall be met.
7.Â
All sub-uses within the industrial park shall take access from
an interior street. Access for the park as a whole shall be from an
arterial or collector highways.
8.Â
All parking, loading facilities, and outside storage areas shall
be located to the rear or side of buildings.
9.Â
A transportation impact study shall be required for each proposed use or sub-use. If the proposed use or sub-use is unknown, a high-density use shall be assumed in the study. A new study shall be required in accordance with Part 25 of this chapter.
10.Â
Public water and sewer shall be required.
12.Â
The applicant shall submit a plan for the overall design and
improvements for the industrial park.
K16.Â
Resource Recovery Facility.
a.Â
Definition. A facility or land that is used for any one or a
combination of the following: composting, incineration, material separation,
recycling or trash transfer.
b.Â
Related Definitions.
1.Â
Composting Facility. A facility for the composting of organic
material.
2.Â
Incinerator. A facility designed to reduce solid waste by combustion.
This use may, or may not, include heat exchange equipment for energy
recovery.
3.Â
Material Separation and/or Refuse Derived Fuel (RDF) Facility.
The extraction of materials from solid waste for recycling or for
use as refuse derived fuel (RDF).
4.Â
Solid Waste. The unseparated and/or unprocessed combination
of residential and commercial solid waste materials originating in
New Britain Township.
5.Â
Recycling Facility. A business that accumulates material such
as paper, glass, aluminum and/or plastic that is no longer useful
for its intended purpose. The materials are then sold to another business
as a raw material which can be used to manufacture a new product.
6.Â
Transfer Station. A facility where solid waste is delivered
for the purpose of compacting the material into larger vehicles for
transport to a final disposal site or processing facility. (A transfer
station may include the separation and collection of material for
the purpose for recycling.)
c.Â
Regulations.
1.Â
Minimum lot area: 10 acres.
2.Â
Any such use shall be a minimum of 200 feet from any public
road as measured from the ultimate right-of-way of the road and 200
feet from any property line. Additionally, an incinerator or transfer
station shall be a minimum of 300 feet from any residential zoning
district or occupied residential dwelling unit.
3.Â
Parking areas shall be a minimum of 100 feet from any property
line.
4.Â
Operation of a resource recovery facility shall at all times
be in full compliance with the statutes of the Commonwealth of Pennsylvania,
the Rules and Regulations of the Department of Environmental Protection
(DEP) and the provisions of this chapter. In the event that any of
the provisions of this chapter are less restrictive than any Rules
or Regulations of DEP, the more restrictive DEP regulations shall
supersede and control.
5.Â
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, every resource recovery facility shall be
protected by locked barricades, fences, gates or other positive means
designed to deny access to the area at unauthorized times or locations.
Such barricade shall be at least six feet high and shall be kept in
good repair and neatly painted in a uniform color.
6.Â
Unloading of solid waste shall be continuously supervised by
a facility operator.
7.Â
Hazardous waste included on the list of hazardous waste maintained
by the Department of Environmental Protection shall not be disposed
of at a resource recovery facility.
8.Â
Litter control shall be exercised to confine blowing litter
to the work area. A working plan for clean up of litter shall be submitted
to the Township. To control blowing paper, a fence shall be erected,
having a minimum height of six feet, with openings not more than three
inches by three inches along all boundaries. The entire area shall
be kept clean and orderly.
9.Â
All parts of the process, including unloading, handling and
storage of solid waste shall occur within a building. However, certain
separated recyclable materials like glass, aluminum and other environmentally
stable materials may be stored outdoors.
10.Â
The storage of paper shall be within a building.
11.Â
Any materials stored outdoors shall be properly screened so
as not to be visible from any adjacent streets or property.
12.Â
No material shall be placed or deposited to a height greater
than the height of the fence or wall herein prescribed.
13.Â
No solid waste shall be processed or stored at a recycling facility.
For all other types of resource recovery facilities, solid waste shall
not be stored on the site for more than 72 hours.
14.Â
A contingency plan for disposal of solid waste during a plant
shutdown must be submitted to and approved by the Township.
15.Â
Leachate from the solid waste and water used to wash vehicles
or any part of the operation shall be disposed of in a manner in compliance
with DEP regulations. If the leachate is to be discharged to a municipal
sewage treatment plant appropriate permits shall be obtained from
the applicable agencies and authorities. In no event shall the leachate
be disposed of in a storm sewer, to the ground, or in any other manner
inconsistent with the Pennsylvania Department of Environmental Protection
regulations.
16.Â
Waste from the resource recovery facility process (such as,
but not limited to, ash from an incinerator) shall be stored in such
a manner as to prevent it from being carried from the site by wind
or water. Process waste shall be located at least 100 feet from any
property line and stored in leak proof containers. Such process waste
shall be disposed of in a sanitary landfill approved by DEP or in
another manner approved by DEP.
17.Â
A dense evergreen buffer shall be provided on the outside perimeter
of the fenced area. Evergreens shall be four to five feet in height
and planted on ten-foot staggered centers. In addition, the buffer
requirements of this chapter shall be met.
18.Â
Solid waste landfill operations and open burning of any materials
shall specifically be prohibited.
19.Â
Noise standards of Township Ordinances shall be met.
20.Â
A traffic impact study and water impact study shall be required.
21.Â
A zoning permit shall be obtained on an annual basis.
K17.Â
Solid Waste Landfill.
a.Â
Definition. A land site on which engineering principles are
utilized to bury deposits of solid waste without creating public health
or safety hazards, nuisances, pollution or environmental degradation.
b.Â
Regulations.
1.Â
Minimum lot area: 20 acres.
2.Â
The solid waste landfill operation shall be setback from any
property line or street right-of-way line at least 100 feet.
3.Â
Direct access for arterial or collector streets shall be required
for the operation of a solid waste landfill.
4.Â
A traffic impact study shall be required, meeting the standards
set forth in the Township land development/subdivision regulations.
5.Â
Operation of any solid waste landfill shall at all times be
in full compliance with the Statutes of the Commonwealth of Pennsylvania,
the Rules and Regulations of the Department of Environmental Protection
and the provisions of this chapter. In the event that any of the provisions
of this chapter are less restrictive, the more restrictive state or
federal regulations shall supersede and control in the operation of
such solid waste landfill.
6.Â
Suitable measures shall be taken to prevent fires by means and
devices mutually agreeable to the Department of Environmental Protection
and the Township.
7.Â
A solid waste landfill operation shall at all times be under
the direction of a responsible individual who is qualified by experience
or training to operate a landfill.
8.Â
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, every solid waste landfill shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
9.Â
Unloading of waste shall be continuously supervised.
10.Â
Measures shall be provided to control dust. To control blowing
paper, a fence shall be erected along every property boundary, having
a minimum height of six feet, with openings not more than three inches
by three inches. The entire area shall be kept clean and orderly.
Cracks, depressions, or erosion of cover shall be repaired daily.
11.Â
Hazardous materials including, but not limited to, highly flammable
materials, explosives, pathological wastes, radioactive materials,
liquids and sewage, shall not be disposed of in a solid waste landfill.
12.Â
The disposal of sewage liquids and solids and other liquids
shall be specifically prohibited in a solid waste landfill.
13.Â
Litter control shall be exercised to confine blowing litter
to the work area. A working clean-up plan shall be established.
14.Â
Salvaging shall be conducted only by the operator and shall
be organized so that it will not interfere with prompt sanitary disposal
of waste or create unsightliness or health hazards. The storage of
salvage shall be controlled in a manner that will not permit the inhabitation
or reproduction of deleterious vectors.
15.Â
The entire site, including the fill surface, shall be graded
and provided with drainage facilities to minimize runoff onto and
into the fill, to prevent erosion or washing of the fill, to drain
off rainwater falling onto the fill and to prevent the collection
of standing water. The operator shall comply with the requirements
of Chapter 75 and Chapter 102 of Title 25, Pennsylvania Code and applicable
Township ordinances so that there is no adverse off-site impact from
the drainage of surface water.
16.Â
Operation of any solid waste landfill shall at all times be
in full compliance with the Pennsylvania Clean Streams Law, Act 157
of 1980 as amended.
17.Â
The buffer requirements of this chapter shall be met.
18.Â
A zoning permit shall be obtained on an annual basis.
19.Â
A final inspection of the entire site shall be made by the Department
of Environmental Protection and the Township and their authorized
representatives to determine compliance with approved plans and specifications
before the earth-moving equipment is removed from the site. Any necessary
corrective work shall be performed before the solid waste landfill
project is accepted as completed. Arrangements shall be made for the
repair of all cracked, eroded and uneven areas in the final cover
during the first two years following completion of the solid waste
landfill. A bond shall be posted to ensure that all corrective work
is completed.
K18.Â
Flex Space.
a.Â
Definition. Flexible building space that can be used for either
office, light manufacturing, assembly or warehousing.
K20.Â
Low-Impact Assembly.
[Added by Ord. 2015-03-04, 3/16/2015]
a.Â
Definition. A light manufacturing use which does not create
any external impacts that could negatively affect the neighboring
community. Includes, but is not limited to, medical and clean technology
manufacturing and assembly.
b.Â
Conditional Use. This use is allowed as a conditional use approved
by the Board of Supervisors.
c.Â
Location and Buildings. When located in a commercial zoning
district, this use shall only be allowed in a single detached enclosed
structure containing at least 25,000 square feet of floor area. No
accessory structures are allowed in conjunction with this use when
located in a commercial zoning district. When located in an industrial
zoning district, this use shall only be allowed in an attached or
detached enclosed structure of any size, and accessory structures
that meet all of the applicable requirements of this chapter are allowed.
e.Â
Warehousing and Storage. Goods and materials may be warehoused
or stored within buildings located on the site. Outside storage of
materials or goods is prohibited, and the use of forklifts and other
similar equipment outside of the building, except to load trucks at
the loading dock, is prohibited. No explosive, toxic, radioactive,
or highly flammable materials shall be stored on the premises.
f.Â
Refuse. Refuse containers located outside must be placed within
a six-foot solid enclosure with a solid gate.
g.Â
Lighting. Lighting facilities shall be provided and arranged
in a manner which will protect the highway and neighboring properties
from direct glare or hazardous interference of any kind. Light fixtures
shall be shielded to reduce light spillage beyond the property line,
and at no point shall any light trespass onto adjacent residential
properties exceed 0.5 footcandle at the residential property line.
h.Â
Buffering. The buffer requirements of this chapter shall be
met.
i.Â
Noise. The noise standards of this chapter shall be met.
j.Â
Traffic. The requirements of this chapter for a transportation
impact study shall be met. Tractor-trailer truck traffic to the site
shall not exceed more than 20 round trips a day.
k.Â
Offices. Up to 30% of the floor area may be devoted to an accessary
office use. Support areas for the manufacturing use/employees, such
as changing rooms, locker rooms, break rooms, bathrooms, storage areas,
etc., are not included in this calculation of office floor area, even
if these areas are also used by the office use/employees.
l.Â
Equipment. All mechanical/electrical equipment shall be screened
from view. In addition, sound-attenuation devices shall be installed
on all equipment to minimize noise pollution at any adjacent residential
property line.
K21.Â
Grower/Processor.
[Added by Ord. 2017-01-02, 1/3/2017]
a.Â
Definition. A facility holding a permit issued by the Pennsylvania
Department of Health to grow and process medical marijuana and that
sells medical marijuana to dispensaries for sale to the ultimate consumer.
No other activities are allowed under this use.
b.Â
Regulations.
1.Â
The buffer requirements of this chapter shall be met.
2.Â
No outside display or storage is allowed.
3.Â
The establishment and operation of a grower/processor shall
fully comply with the Pennsylvania Medical Marijuana Act (35 P.S.
§ 10231.101 et seq.) and the regulations promulgated thereunder,
including, but not limited to, Chapters 1141 and 1151 of Title 28
of the Pennsylvania Code (28 Pa. Code Chapters 1141 and 1151).
L.Â
General Accessory Uses and Structures.
L1.Â
Nonresidential Accessory Building.
a.Â
Definition. Accessory building, structure, or uses customarily incidental
to the uses permitted within the zoning district, except outside storage.
For any use accessory to a use permitted only as a special exception
or conditional use, the accessory use shall only be provided as a
special exception or conditional use.
L2.Â
Outside Storage or Display.
a.Â
Definition. Outside storage or display, other than storage as a primary
use of the land, necessary but incidental to the normal operation
of a primary use.
b.Â
Regulations.
1.Â
No part of the street right-of-way, no sidewalks or other areas
intended or designed for pedestrian use, no required parking areas
and no part of the required front yard shall be occupied by outside
storage or display.
2.Â
Outside storage and display areas shall occupy an area of less
than 0.5 of the existing building coverage.
3.Â
Outside storage areas shall be shielded from view from all public
streets.
4.Â
Uses requiring more substantial amounts of land area for storage
or display may be exempt from the provisions of Subsection b.1 and
b.2 above when granted as a special exception by the Zoning Hearing
Board and provided;
(a)Â
No more than 25% of the lot area shall be used in outdoor storage
or display.
(b)Â
A Special Exception is required for the following uses; nurseries
(Use A6), lumber yards (Use K8), automobile sales (Use J2O), truck
terminals (Use K6) and agricultural retail (Use A3).
(c)Â
Among the uses that shall not be appropriate for inclusion under
this provision are retail stores (Use J1), repair shops (Use J17),
service station or car-washing facility (Use J19), automobile repair
(Use J21), sale of automobile accessories (Use J22), wholesale business
and storage (Use K3), contractor office and shops (Use K5) and crafts
(Use K7).
L3.Â
Temporary Structure.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. Temporary structure, building, or use, including portable
temporary storage containers, but excluding H2 Residential Shed uses.
b.Â
No temporary structure, building, or use shall be erected, moved,
or established upon a lot without the prior issuance of a temporary
zoning permit. Such a temporary permit may be issued for such structures,
buildings, or uses only when they are necessary during construction
or are needed due to other special circumstances of a nonrecurring
nature. Such permit shall clearly set forth that the structure, building,
or use permitted is intended for temporary purposes only and that
the permit will expire in accordance with the regulations of this
L3 use.
c.Â
Regulations.
1.Â
The time period of the initial temporary permit shall be six
months. The permit may be renewed for one additional three-month time
period, unless the applicant posts financial security as set forth
in Subsection c.3 below.
2.Â
Such temporary structure, building, or use shall be removed
completely within 30 days of the expiration of the temporary permit
without cost to the Township.
3.Â
Any application for a renewal temporary permit for more than
three months or any application for additional renewal permits beyond
the one allowed in Subsection c.1 above shall include a $1,000 cash
escrow to guarantee the removal of the temporary structure, building,
or use if the requested renewal permit is granted. Such applications
for these types of renewal permits shall be considered by the Board
of Supervisors at a public meeting. If the Board grants the requested
renewal permit, the foregoing cash escrow shall be held by the Township
until the structure, building, or use is removed by the applicant.
In no event shall a temporary structure, building, or use be permitted
to remain on the property for more than 18 months. If the temporary
structure, building, or use is not removed at the end of the renewal
period, the Township shall have the right, but not the obligation,
to remove the temporary structure, building or use from the property,
and the cash escrow shall be fully forfeited to the Township to cover
the cost of this removal and the violation of the terms of the temporary
permit.
4.Â
No more than one temporary permit shall be issued to a residential
parcel during any twelve-month period.
5.Â
In addition, a temporary storage container, an outdoor container
commonly referred to as a "pod," or a similar type container shall
meet the following standards:
(a)Â
Such containers shall not exceed 20 feet in length.
(b)Â
Such containers shall only be located within the front yard
of any property and set back from the edge of the cartway and the
sidewalk a minimum of five feet, provided that there is no encroachment
into the clear sight triangle for any intersecting streets or driveways.
d.Â
Permits for Extended Hardship. Upon a finding by the Township that
a property has experienced a flood, fire, natural disaster, or other
act of God so as to render the primary residential dwelling on the
property uninhabitable, the establishment of a temporary structure,
building, or use may be permitted by the Township for periods longer
than 18 months, provided that, if the temporary structure or building
is for dwelling purposes, any and all requirements of the Bucks County
Department of Health regarding water use and/or sewage are met and
that all Township Building Code requirements are met by the applicant.
L4.Â
Temporary Community Event.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
a.Â
Definition. A temporary activity including, but not limited to, flea
markets, public exhibitions, auctions, carnivals, circuses, picnics,
air shows, suppers for fundraising, and similar organizational events
and meetings.
b.Â
Regulations.
1.Â
Such temporary uses shall be limited in time to no longer than
seven days per occurrence. Such occurrences shall be limited to not
more than four occurrences in a calendar year for each organization.
There shall be at least a thirty-day period between such occurrences.
2.Â
Signs advertising a temporary community event shall be posted
no more than 14 days prior to the first day of the event and shall
be removed on the final day of the event. No more than four off-premises
signs shall be placed. The location of off-premises signs must be
approved by the property owners of the properties upon which they
are to be fixed.
3.Â
The applicant shall provide plans to ensure security, crowd
control, adequate parking, emergency access, street access, sanitary
facilities, erosion control, trash collection, noise control, and
cleanup after the event.
L5.Â
Oil and Gas Drilling Well.
a.Â
Definition. An accessory use on a property such as, wells and other
structures related to the drilling for, exploration for or production
of oil and/or gas.
b.Â
Regulations.
1.Â
Wells and storage tanks shall be located not less than 200 feet
from any property line or residential dwelling.
2.Â
All wells and storage tanks shall be located not less than 100
feet from a stream or other natural watercourse or from any private
or public water well.
3.Â
All well locations shall be cleared of dead grass, brush and
debris and any other hazard or inflammable material within a radius
of 75 feet from each well.
4.Â
A fire bank shall be constructed around tanks to catch and impound
oil in the event of spillage and seepage. Such areas shall be lined
with an impermeable material to prevent pollution of groundwater.
5.Â
An adequate slush pit shall be maintained to collect tank drainage
or draw-off. Such areas shall be lined with an impermeable material
to prevent the pollution of groundwater.
6.Â
Zoning permit applications shall include the names and addresses
of the property owners; the names and addresses of the oil, gas and
mineral owners; the names and addresses of the lessees, if any, of
the oil, gas and minerals.
L6.Â
Wind Energy
Conversion System (WECS).
a.Â
Definition. A wind energy conversion system as a nonresidential accessory
use is a system in which a device, located on nonresidential property,
converts wind energy to mechanical or electrical energy.
b.Â
Regulations.
1.Â
Siting.
(a)Â
A WECS shall be set back from any property line, above-ground
utility line or other WECS a distance no less than 1.25 times the
height of the WECS structure (including blades).
(b)Â
A WECS shall be located no less than 100 feet from overhead
utility lines and no less than 300 feet from a street line unless
the building located on the parcel is located closer to the street
line than 300 feet, in which case the WECS may be located no closer
than the front yard setback of the house and/or primary building from
the street line. In no event shall the distance between the street
line and the wind energy system be less than 1.25 times the height
of the wind energy system.
2.Â
Size.
(a)Â
Maximum output: 200 KW.
(b)Â
Maximum height: 60 feet, including all moving and rotating parts,
measured from the undistributed ground elevation at the base of the
device, to the highest point of the arc of the blade, or to the top
of the tower, whichever is greater, unless a greater restriction is
imposed by FAA regulations and the requirements of the airport zones
in this chapter.
3.Â
Design, Use and Safety.
(a)Â
All WECS shall serve on-site generation needs only, unless otherwise
approved by the Board of Supervisors.
(b)Â
Each proposed WECS shall be designed and engineered to provide
for safe operation. Detailed plans, prepared by a licensed professional
engineer, shall be submitted with the zoning permit application. The
design of a proposed WECS shall be certified by a licensed engineer
to insure that it will operate safely, without loss of structural
integrity, under the following conditions:
(c)Â
Minimum blade ground clearance: 15 feet at lowest point of arc.
(d)Â
Access control:
1)Â
All ground mounted electrical controls shall be
labeled or secured to prevent unauthorized access.
2)Â
The tower shall not provide steps or ladder readily
accessible to the public for a minimum height of eight feet above
ground surface.
3)Â
All access doors and gates shall be locked, as appropriate,
to prevent entry by non-authorized persons.
(e)Â
A minimum of one sign per side shall be posted warning of high
voltage. It shall be located near ground level on the tower structure.
(f)Â
Shadow Flicker. Shadow flicker at any occupied building on any
adjacent property caused by a wind system located within 1,000 feet
of the occupied building shall not exceed 30 hours per year.
1)Â
Noise and/or shadow flicker provisions may not be
applicable if the following conditions are met:
a)Â
The affected property owner(s) sign an agreement
that allows the noise and/or flicker to exceed the above noted requirements.
b)Â
The written agreement shall state the zoning ordinance
requirements, indicating how the system does not comply with requirements,
and state the maximum limit the noise and/or flicker may be above
the zoning requirement.
c)Â
Any such agreement shall be signed by the applicant
and the applicable adjacent property owner(s), and recorded on all
affected properties in the Recorder of Deeds Office.
4.Â
Other.
(a)Â
The electric and utility lines to and from a WECS shall be underground.
(b)Â
At-ground structures shall be adequately buffered from adjacent
properties and street rights-of-way with landscaping or fencing (where
fencing is permitted by this chapter).
(c)Â
A WECS shall not interfere with the reception of any radio,
television or other communication equipment, nor inhibit solar access
to adjacent properties.
(d)Â
There shall be a maximum of one device per one-half acre on
a single parcel or multiple parcels in single ownership.
(e)Â
WECS shall be a non-obtrusive, non-reflective color such as
white, off-white or gray, or the original factory galvanized steel.
(f)Â
No artificial lighting (unless required by the FAA), signage
(with the exception of warning signage at the base of the tower),
or any forms of advertising shall be utilized or attached to the system.
(g)Â
Within six months of the time that the use of the WECS is discontinued,
all parts of the system shall be dismantled and removed from the property.
L8.Â
Nonresidential Radio and Television Towers, Masts, Aerials, Dish
Antenna and Silos.
a.Â
Definition. Radio, television towers, masts, aerial, dish antennas
and silos that are accessory uses to a permitted use.
b.Â
Regulations.
1.Â
The structure shall be set back from all property lines a distance
at least 1.25 times the height of the structure.
2.Â
The structure shall be anchored to the ground in compliance
with the Township Building Code.
3.Â
On lots of 10 acres or smaller, dish antenna, radio towers and
television towers shall not be located in the front yard. On lots
greater than 10 acres, these uses shall not be located in the minimum
front yard as specified in this chapter.
4.Â
The diameter of antenna shall not exceed nine feet.
5.Â
When separately supported, the total height of any antenna shall
not exceed 10 feet, unless approved as a conditional use.
6.Â
Roof mounting of an antenna is not recommended. If roof mounted,
the antenna shall be located on a portion of the roof sloping away
from the front of the lot and no part thereof shall project above
the ridge line. Provided, however, in no event shall a roof mounted
antenna exceed three feet in diameter. Antennas shall not be mounted
on chimneys.
7.Â
No more than one antenna shall be permitted on any lot.
8.Â
When not roof mounted, a tower or antenna shall be screened
by staggered plantings of evergreens which present a solid visual
barrier to adjoining houses and to the street. Before a permit will
be issued for erection of an antenna, a screening plan must be submitted
to and approved by the Township.
L11.Â
Helistop.
a.Â
Definition. A helistop is an area, either at ground level or
elevated on a structure, used for the loading, taking off and landing
of helicopters. There are no hangers, passenger buildings, repair
or refueling facilities permitted with this use. A helistop must comply
with all of the following regulations:
b.Â
Regulations.
1.Â
The appropriate license and approvals shall be secured from
the Bureau of Aviation, Pennsylvania Department of Transportation
and the Federal Aviation Administration (FAA).
2.Â
The area, dimensional, coverage and buffering requirements of
the district in which the helistop is located shall be observed.
3.Â
The design of the helistop shall meet the criteria provided in Chapters 4 through 8, inclusive and Appendices I and II of Heliport Design Criteria, Federal Aviation Administration, Department of Transportation Advisory Circular AC No. 150/5390-1B dated August 22, 1977, as revised or amended.
4.Â
The owners, lessees and operators of the helistop shall take
all possible actions to protect the peace, safety and air quality
of the environment of the area surrounding the airport. This shall
include:
(a)Â
The establishment of flight patterns and ground
traffic patterns;
(b)Â
The location of warm-up areas and parking areas;
and
(c)Â
The requirements of this chapter shall be met so
as to create the least amount of noise, dust, dirt, disturbance, annoyance,
hazard and limitation on the enjoyment of the residents and property
owners of New Britain Township.
5.Â
Normal hours of operation shall be 7:00 a.m. to 10:00 p.m. No
more than two flights per day shall be permitted between the hours
of 10:00 p.m. and 7:00 a.m., local time, unless waived by the Board
of Supervisors.
6.Â
The helistop shall be protected by a safety barrier or fence
not less than three feet in height above grade to preclude unauthorized
persons from entering the operational area. Sufficient warning and
identification signs shall be installed on the exterior side of the
fence for the information of the general public. The Board of Supervisors
may allow waivers of the fence, barrier and/or sign requirements in
appropriate cases.
7.Â
A helistop shall be located not less than 600 feet from a residential
district as measured from the center of the helipad to the residential
district line provided that helicopters using the helistop are limited
to the following:
(a)Â
Piston-engined helicopters having maximum gross
weights up to 4,000 pounds.
(b)Â
Turbine-engined helicopters having maximum gross
weights up to 11,500 pounds.
(c)Â
Helistops serving helicopters which do not meet
these requirements shall be located not less than 800 feet from a
residential district line.
8.Â
A helistop shall be located not less than 200 feet from the
center line of a public road.
9.Â
The temporary use of a site as a helistop may be granted by
the Board of Supervisors only in conjunction with a special event
such as an athletic contest, a holiday celebration, parade or similar
activity after reasonable advance notice has been given to the New
Britain Township Police of the intention to do so.
10.Â
The provisions of this chapter shall not prevent the occasional
landing of helicopters without prior approval, for emergencies and
law enforcement purposes.
L12.Â
Cafeteria.
a.Â
Definition. A kitchen and dining facility used only by the employees
and occasional visitors of the principal office, research or industrial
use that owns the area occupied by the cafeteria.
L14.Â
Nonresidential Solar Energy System.
[Added by Ord. 2015-09-06, 9/21/2015]
a.Â
Definition. Any solar collector or other solar energy device,
or any structural design feature whose primary purpose is to provide
for the collection, storage, and distribution of solar energy, for
space heating or cooling, water heating, or electricity for a nonresidential
property that may be mounted on a building or on the ground and is
not the primary use of the property.
Solar Panels. A structure containing one or more receptive cells,
the purpose of which is to convert solar energy into usable energy
by way of a solar energy system.
|
b.Â
Regulations.
1.Â
This section applies to accessory solar energy systems to be
installed and constructed after the effective date of this section,
and all applications for solar energy systems on existing structures
or property. Solar energy systems constructed prior to the effective
date of this section shall not be required to meet the requirements
of this section, provided that any structural change, upgrade or modification
to an existing solar energy system that materially alters the size
or placement of the existing solar energy system shall comply with
the provisions of this section.
2.Â
Ground-array solar panels shall be permitted in accordance with
the following:
(a)Â
Ground arrays shall meet the setback requirement
for the principal use on the property, provided that no solar panel
shall be located closer to the property line than two times the height
of the solar panel or 75 feet, whichever is greater.
(b)Â
Ground arrays shall not be permitted in a front
yard.
(c)Â
Ground arrays shall be located so that any glare
or reflection is directed away or is properly buffered from adjoining
properties.
(d)Â
Ground arrays shall not exceed a height of 20 feet.
3.Â
Roof-mounted solar panels shall be permitted in accordance with
the following:
(a)Â
Permitted roof-mounted solar panels shall include
integrated solar panels as the surface layer of the roof structure
with no additional apparent change in relief or projection (the preferred
installation), or separate flush-mounted solar panels attached to
the roof surface.
(b)Â
Integrated or separate flush-mounted solar panels
shall be located on a rear- or side-facing roof, as viewed from any
adjacent street, unless such installation is proven to be ineffective
or impossible. The removal of potential obstructions, such as interceding
vegetation, shall not be sufficient cause for permitting a front-facing
installation.
(c)Â
Any roof-mounted solar panels other than those
described in Subsection b.3.(a) and (b) of this section shall only
be permitted in accordance with the following conditions:
1)Â
Such other roof-mounted solar panels shall be located
on a rear- or side-facing roof, as viewed from any adjacent street.
2)Â
Such other roof-mounted solar panels installed on
a building or structure with a sloped roof shall not exceed a height
of three feet from the surface of the roof at any point and shall
not project vertically above the peak of the roof to which they are
attached. Such other roof-mounted solar panels installed on a building
or structure with a flat roof shall not project vertically more than
five feet above the surface of the roof, not including the parapet,
wall, or other projection along the edge of the roof.
3)Â
The applicant shall demonstrate to the satisfaction
of the Township Engineer that the proposed use of roof-mounted solar
panels is the only effective or possible means for utilizing solar
energy on the property. Such information shall be certified by a professional
deemed qualified by the Board of Supervisors and may be reviewed by
any other Township professional that the Board of Supervisors deems
necessary.
(d)Â
In no event shall the placement of any solar panels
result in a total height of the building (including the panels) exceeding
35 feet.
(e)Â
Roof-mounted solar panels shall be placed so as
to prevent reflection and glare to adjacent properties.
4.Â
Solar energy systems are permitted under this section only as
accessory uses to a nonresidential principal use for which the solar
energy system is providing energy. Any solar energy systems designed
or proposed to primarily sell energy on the open market shall be deemed
a G1 Utilities use.
c.Â
Design and Installation. To the extent applicable, the solar
energy system shall comply with the Pennsylvania Construction Code
(Act 45 of 1999), 35 P.S. § 7210.101 et seq., as amended,
and the applicable regulations adopted by the Department of Labor
and Industry, 34 Pa. Code § 401.1 et seq.
d.Â
The design of the solar energy system shall conform to applicable
industry standards.
e.Â
On existing construction, a solar energy system may be installed
as long as it meets the requirements of this chapter and all other
applicable construction codes.
f.Â
Easements. On plans for new subdivisions or land developments
that propose to provide for solar energy systems, a notation shall
be placed on the approved plan stating that restrictions have been
placed on the lots in question, pursuant to a recorded deed of easement,
concerning the placement of structures and vegetation as they relate
to the solar energy systems. The terms of the easement shall be as
approved by the Township Solicitor.
g.Â
Abandonment and Removal of Solar Energy Systems.
1.Â
Any solar panel (roof or ground) which has not been in active
and continuous service for a period of one year shall be removed from
the property to a place of safe and legal disposal.
2.Â
All structural enclosures accessory to the solar panels shall
be completely removed from the property to a place of safe and legal
disposal.
3.Â
The former solar site shall be restored to as natural condition
as possible within six months of the removal from the property.
h.Â
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
i.Â
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
j.Â
The installation of solar energy systems is subject to all public
utility requirements for interconnection with the utility's system,
if applicable.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
Appended to this chapter as "27 Attachment 2" is the Table of
Use Regulations. Except as provided by law or in this chapter, in
each zoning district no building, structure, or land shall be used
or occupied except in accordance with this table. Where this table
conflicts with requirements set forth elsewhere in this chapter, the
more-restrictive requirement shall be complied with.