[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The regulations established by this chapter within each district
shall apply uniformly to each class or kind of structure or land.
A.
No building, structure or land shall hereafter be used or occupied
and no building or structure or part thereof shall hereafter be erected,
constructed, moved, or structurally altered unless in conformity with
all of the regulations specified in this Part for the district in
which it is located or unless a variance has been properly granted.
Tables 1, 2 and 3 shall serve as a summary reference for land designations
and dimensional requirements for both permanent and temporary uses
in the Township.[1]
[1]
Editor's Note: Tables 1, 2 and 3 are included at the end of
this chapter.
B.
No building or other structure shall hereafter be erected or altered
to exceed the height; to accommodate or house a greater number of
families; to occupy a greater percentage of lot area; to have narrower
or smaller rear yards, front yards, side yards, or other open spaces
than herein required; or in any other manner contrary to the provisions
of this chapter.
C.
No part of a yard or other open space or off-street parking or loading
space required adjacent to or in connection with any building for
compliance with this chapter shall be included as part of a yard,
open space, or off-street parking or loading space similarly required
for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
E.
All territory which may hereafter be annexed to the Township shall
be placed in the Residential RR Zoning District until the Planning
Commission has made a thorough study of the newly annexed area and
reported its recommendations to the Board of Supervisors and the Board
has adopted a final zoning district classification. This study and
report by the Planning Commission shall be made within six months
of the time of annexation.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
Richland Township is hereby divided into classes of zoning districts
as shown graphically on the Official Zoning Map.[1] These classes of districts, together with the general
objectives for establishing each, are as follows:
A.
Residential RR District — Rural Residential. The purpose of
the establishment of this district is to maintain land use characteristics
of rural development within the Township.
B.
Residential RA District — One-Acre Residential. The purpose
of the establishment of this district is to encourage land use characteristics
of larger-lot, single-family development now present in many areas
of the Township, with lots being approximately one acre in size.
C.
Residential RL District — Low-Intensity Residential. The purpose
of the establishment of this district is to provide for low-density
suburban single-family residential opportunities.
D.
Residential RM District — Medium-Intensity Residential. The
purpose of the establishment of this district is to preserve the character
of the existing moderate-density suburban neighborhoods and to create
a favorable basis for additional development of single-family neighborhoods.
E.
Residential RH District — High-Intensity Residential. The purpose
of the establishment of this district is to permit multifamily-oriented
developments within the community and to provide a variety of housing
types in districts conducive to such development.
F.
Mixed-Use MU District — Mixed Use. This district includes the
built-up residential areas of the community which were divided into
small lots long before zoning was adopted by the Township. These areas
are nearly completely developed, so the district simply affirms the
existing land use pattern.
G.
Commercial NC District — Neighborhood Commercial. This district
includes land strategically located in areas developed or developing
for commercial activities that support the daily shopping needs of
residents of the neighborhoods in the vicinity.
H.
Commercial CC District — Community Commercial. This district
includes land intended for community-wide and regional retail shopping,
office and service opportunities.
I.
CM Commerce/Industrial District. This district includes land generally
in large parcels that has access to arterial and/or collector roads,
is fairly level and acts as a buffer between adjacent residential
areas and nearby down-grading influences, such as heavily traveled
highways or heavier industrial operations, and as a transitional zone
between existing commercial and industrial districts. Uses that will
be less disruptive to residential areas are permitted in this district.
J.
M Restricted Light Industrial District. This district includes land
in relatively large, flat parcels with good highway and/or rail access
that has been developed or is suited for development by light manufacturing
or similar industry-oriented uses that are compatible neighbors in
a basically residential community.
K.
PCO Planned Campus Overlay. This overlay generally includes large
parcels of land within various residential zoning districts where
the uses and scale of campus-style development, whether accommodating
residential, nonresidential and/or institutional activities, are designed
in a manner which recognizes and respects both on-site needs and the
activities of those of surrounding off-site residential areas.
L.
Route 8 Overlay. This overlay encompasses smaller lots along State
Route 8 which have historically been used for residential and/or neighborhood-oriented
nonresidential development and are generally surrounded a combination
of residential and nonresidential development. Topography, lot orientation
and surrounding development/land use patterns may be common challenges
for obtaining lot access and/or ensuring safe site circulation.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009;
and by Ord. 450, 7/20/2011]
No building, structure or land within any zoning district may
be used and no building or structure may be erected, constructed,
reconstructed or altered on or after the effective date of this chapter
unless intended or designed to be used for any of the uses enumerated
in Table 1 of this chapter.[1]
A.
The letter "P" denotes a permitted use by right, subject to the requirements
specified by this chapter and after a zoning certificate has been
issued in accordance with this chapter.
B.
The letter "C" denotes a use that is conditional, subject to the requirements specified by this chapter and provided that the Board of Supervisors grants the conditional use pursuant to Part 8 of this chapter.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
See Part 7, Special Exceptions.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009;
and by Ord. 449, 6/15/2011]
A.
Dimensional Standards. The minimum dimensional requirements for lots
in each district shall be provided as shown in Tables 2 and 3, Residential
and Nonresidential Districts Area and Bulk Regulations.[1] Any lot of record existing at the effective date of this chapter may be used for the erection of a building or structure conforming to the use regulations of the district in which it is located, even though its area and/or width is less than the minimum requirements of this chapter, provided that all other requirements of the district in which it is located can be met. See also § 27-401G. Conformance of lots within lot-averaging plans approved prior to 2006 shall be subject to Township review.
(1)
When an accessory building not on a permanent foundation will
occupy 144 square feet of area on the ground or less, it may be located
no closer than 10 feet from any side or rear property line but not
forward of the front setback line. Other accessory structures within
the RR, RA, RL, RM, RH, MU, NC, CC, CM and M Districts, regardless
of size, when the use is for a garage, shed, carport or picnic shelter
and/or similar use, but not including a barn for animals, may not
be located within 35 feet of a rear lot line.
[Amended at time of adoption of Code (see Ch. AO)]
(2)
Setbacks from Transportation Capital Improvement Plan identified
road right-of-way lines as defined by the Township shall be applicable.
[1]
Editor's Note: Tables 2 and 3 are included at the end of this
chapter.
B.
Nonresidential Districts.[2]
[2]
Editor's Note: Table 3, Nonresidential Districts — Area and Bulk Regulations, is included at the end of this chapter.
C.
Additional Lot Requirements.
(1)
Lot Requirements.
(a)
The following figure (not to scale) illustrates typical lot
relationships. Note: on corner lots, side yards with frontage on a
street right-of-way shall have the same setback as defined for the
front yard of the district in which the lot is located.
 |
(b)
Minimum Lot Area When Public Sewers Are Lacking. When a lot
is dependent upon on-lot sewage disposal, it shall not be developed
unless it contains at least 40,000 square feet of area, provided that
any regulations in the zoning district containing the lot do not require
a larger area than is herein required. Where an isolated lot of insufficient
area is proposed for development but lacks access to public sewers,
it may be developed only if found acceptable for on-lot sewage disposal
after percolation tests are conducted by the applicable authorities.
(c)
Maximum Number of Principal Structures on a Lot.
[1]
Residential Development. No more than one structure containing
a dwelling unit(s) shall be constructed on a lot.
[2]
Nonresidential Development. The principal use(s) of a lot shall
be contained within a contiguous structure, whereas said structure
may be configured to accommodate multiple land uses permissible within
the applicable zoning district. See also Part 7 for planned nonresidential
development.
(d)
Rear Dwellings or Dwellings in Accessory Structures. No dwellings
at the rear of a lot behind the principal dwelling building, nor any
dwellings in accessory structures, shall be constructed even if the
lot has access to more than one street.
(e)
Determination of Lot Area. When a lot extends to the center
line or includes all or part of a public street within its boundaries,
the area of the lot for computing lot area shall not include any portion
of such public or private street right-of-way.
(f)
Flag Lots. Flag lots are permitted, subject to the following:
[1]
The "flagpole" shall maintain a width of at least 50 feet from
the front lot line to the front edge of the "flag."
[2]
The flagpole shall not be a private street but shall be an integral
portion of the lot.
[3]
The flagpole shall remain free of any structures, and a note
shall be included in the final plan that this area is nonbuildable.
[4]
The front lot line of the flag lot shall be at the end of the
flagpole so that front yards for flag lots must not include the flagpole
and must abut the rear yard of the front lot.
[5]
The quantity and/or location of flag lots within a development/subdivision
shall not exceed three lots or 15% of the overall development, whichever
is less.
(2)
Yard Requirements.
(a)
In addition to the yard definitions outlined in the previous
subsection, the following figures illustrate typical yard characteristics:
 |
(b)
Corner Lots and Lots With Multiple Frontages. All lots shall
have a designated front yard and a designated rear yard. For the purposes
of determining front, side and rear yards, the shorter frontage(s)
of the corner lot abutting either street right-of-way shall be the
front yard, and the opposing yard on the lot shall be designated the
rear yard as of the designated existing approved recorded plan. If
the two frontages of the corner lot are equal in dimension, the landowner/developer
may designate either frontage as the front lot line, whereas the other
frontage becomes a side lot line. See the diagram contained within
Subsection C(1)(a).
(c)
Front Yards on Partially Developed Streets. Where an undeveloped
lot occurs between two developed lots, each containing principal structures
within 25 feet of the side lot lines abutting the undeveloped lot,
the developer may place a principal structure on the undeveloped lot
set back from the front lot line the average distance of the setback
of the two adjacent principal structures, but no less than 15 feet;
except that, if the street upon which the lots front is committed
for widening that will increase the right-of-way line, the setback
shall be measured from the future right-of-way line. Where an undeveloped
lot occurs adjacent to a developed lot containing a principal structure
within 25 feet of the side lot line abutting the undeveloped lot,
the developer may place a principal structure on the undeveloped lot
set back from the front lot line the average of the distance that
the neighboring principal structure is set back and the minimum distance
required in the zoning district containing the lot.
(d)
Projections Into Required Yards. All projections from the wall
surface of a structure, including but not limited to chimneys, canopies,
eaves, cornices, stairwells, fire escapes, bay windows, balconies,
or patios or porches with permanent roofs, whether such projections
reach to the ground or not, shall be held back at least the minimum
setback distance from adjacent lot lines required for the zoning district
in which they occur. Uncovered decks and patios at grade or less than
three feet above surrounding grade at all points of their periphery
may project into required yards but not closer than eight feet to
any lot line.
(3)
Height Requirements.
(a)
Height Exceptions. Unless otherwise defined by this chapter,
chimneys, exhaust stacks, church steeples, flagpoles, water tanks,
silos, antennas and communications equipment meeting Federal Communications
Commission requirements, roof-mounted air-handling equipment or satellite
dishes shall be exempt from the maximum height requirements but only
after a favorable review of the proposal by the Zoning Hearing Board.
If such structures exceed 60 feet in height above the ground, they
shall not be approved unless the application for construction is accompanied
by a written opinion of a registered professional engineer attesting
that the structure has sufficient strength to withstand maximum forces
that may be imposed upon it by wind, ice and snow loads. Working drawings
and specifications of freestanding towers of excess height shall accompany
the engineer's opinion. No sign of any kind shall be attached to a
tower above the maximum height for structures in the zoning district
where located.
(b)
The height of a principal building on a lot shall be measured
in accordance with the following:
 |
(4)
Mechanical Equipment.
(a)
On all nonresidential and multifamily residential buildings,
all building mechanical systems, such as air-conditioning units, exhaust
systems, satellite dishes, fire escapes, elevator housing, and other
similar building features, whether on the building roof or on the
ground, shall be integrated into the overall design and character
of the building and completely screened from view from adjoining properties
and streets, to the extent screening is physically practical. All
buildings with flat roofs shall have parapets concealing the flat
roof and rooftop equipment.
(b)
Screening devices such as landscaping, decorative masonry walls,
architectural features, or opaque fencing shall be used for such equipment.
Architectural screening shall be compatible with the architectural
treatment of the principal building. Where appropriate, sound-absorbent
material shall be utilized to screen building mechanical systems with
the presence of motors.
(c)
The height of all building mechanical systems shall be a maximum
of six feet above a roofline.
(5)
Nonresidential Exterior Wall Surface Standards.
(a)
The Township seeks to promote the continuation of the community's
historic building fabric and character through encouraging the use
of natural building materials, such as wood, brick, or stone. The
Township also promotes the importance of using recognized energy-efficient
and/or certified, sustainable building materials to reduce negative
impacts on the environment. To the greatest extent possible in a development,
the use of such materials is strongly encouraged.
(b)
Exterior materials.
[1]
Where materials as identified in Subsection C(5)(a) above are
not proposed for construction of exterior walls, a land-owner/developer
shall provide the Township with:
[a]
A projected energy performance analysis of proposed
materials in comparison to a certified sustainable equivalent product/system.
A copy of the energy performance analysis criteria is located on file
in the Township administrative offices.
[b]
An inventory of building materials, by parcel,
for all surrounding parcels and those parcels within a five-hundred-foot
radius from the proposed structure.
[3]
To further promote historic compatibility as well as energy
performance efficiencies, exterior facade colors are strongly recommended
to be low-reflectance, subtle, neutral, or earth tone. The use of
high-intensity colors, metallic colors, black and fluorescent colors
is discouraged.
(c)
Building transparency for nonresidential uses other than a crematorium,
forestry, gas wells, heliport, incinerator or junk storage/sales as
specified in the CM and M Districts. In the case of distribution facilities,
transparency requirements shall not be applicable to the area of the
facade where loading docks exist. Ground-level building facades facing
a public or private street or outdoor pedestrian space shall be subject
to the following transparency requirements, but no more than two sides
of any one building shall be subject to the requirements.
[1]
The facades shall have windows and/or doors covering at least
50% of the horizontal length of the facade, between the height of
three feet and eight feet above finished grade, allowing views into
and out of the interior.
[3]
False or opaque window features may be used in lieu of transparent
window and door openings to reduce the transparency requirement but
may only be used to replace up to a maximum of 1/2 of the required
transparency coverage for any one facade.
(d)
Building Facade Variation.
[1]
Primary Entrance. A building's primary building entrance shall
be located within the front building facade and shall be emphasized
using building massing, architectural features, changes in roofline,
or similar details.
[2]
Ground Floor. The ground floor of all buildings shall be architecturally
distinguished from the upper facade with a cornice, canopy, balcony,
arcade, or other element.
[3]
Horizontal and Vertical Breaks. All building facades shall consist
of a combination of horizontal and vertical breaks, such as but not
limited to the following:
[a]
Vertical architectural elements.
[b]
Building recesses, offsets, or projections.
[c]
Texture and/or material change.
[d]
Architectural banding.
[e]
Variation in the roofline.
[f]
Contrasting window framing or shutters.
[g]
Awnings.
[h]
Canopies.
[i]
Overhangs.
[j]
Arcades.
[k]
Peak roofs.
[l]
Arches.
[m]
Display windows.
[n]
Architectural details, such as tile work and molding
integrated into the building structure and design.
(6)
Individual Mobile Homes on Their Own Lots.
(a)
Mobile homes shall meet all requirements of this chapter and
other ordinances of Richland Township relative to single-family dwellings
in the same zoning district, including but not limited to minimum
lot area and width, setbacks from lot lines, utility connections,
off-street parking, and access to a public road.
(b)
Mobile homes shall be supported directly upon a peripheral masonry
or concrete foundation wall on a reinforced concrete footer carried
to a depth of at least three feet below the finished grade.
(c)
Mobile homes shall be securely anchored to the foundation by
tie-downs, which may be cast-in-place concrete "dead men," eye-lets
imbedded in the footer or other devices acceptable to the Zoning Officer
and being rated to sustain a minimum load of 4,800 pounds.
(d)
Mobile homes shall be placed on required foundations immediately
upon arrival on the lot.
(e)
No mobile home shall be occupied until it has received an occupancy
permit from the Zoning Officer after connection to sewage disposal
and water supply systems, and no mobile home shall be occupied unless
its lot abuts a street which has been improved to meet minimum Township
standards and approved.
(f)
No mobile home lacking toilet and washing facilities, cooking
and food storage facilities, or any self-propelled vehicles or travel
trailers designed for temporary occupancy shall be permitted for residential
purposes for a period exceeding 14 days.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
Permitted accessory uses and structures in any residential and mixed-use
districts:
(1)
Cultivation of plants as an avocation, including the erection
and maintenance of greenhouses and garden equipment storage buildings,
trellises, etc., but involving no commercial sales or advertising.
(3)
Garage or parking area meeting the requirements of § 27-901, limited to one detached garage per lot.
(4)
The keeping of farm animals, limited to horses, cows, sheep,
goats, hogs and fowl, and structures for the housing of such animals,
on a lot of at least 80,000 square feet in area and, except for fowl,
restricted to two animals per 40,000 square feet, to be confined on
the lot by a fence or similar enclosure located at least five feet
from the lot line, and where the structures shall be located at least
100 feet from any dwelling on the subject lot, and when only for the
private noncommercial use of the occupants of the dwelling on the
same lot.
(5)
The keeping of bees may occur on a lot that is a minimum of
one acre in size. To ensure the safety of surrounding uses, the number
and density of hives shall be subject to Township review.
(6)
Shelter for domestic pets, but not including a kennel, when
located not less than 60 feet from any street line and not less than
25 feet from any lot line.
(7)
Private swimming pool, tennis court, or similar private recreation facility for the use of the residents of the lot containing the facility and their guests only, subject to § 27-506D.
(8)
Private satellite dish or antenna less than 18 inches in diameter,
unless otherwise in accordance with FCC regulations.
(10)
No-impact home-based business.
(11)
A shooting range, indoor use, shall be available as an accessory
use to a single-family dwelling in the RR District only, provided
that all of the following criteria are met:
[Added by Ord. 456, 3/7/2012, § IIB]
(a)
The shooting range shall be located on a lot of at least five
acres in size.
(b)
The shooting range shall be available only for the private,
recreational use of the owner or occupant of the lot and his or her
guests.
(c)
The applicant shall demonstrate that the use will be compatible
with the adjacent residential neighborhood and will not adversely
affect the residential use and enjoyment of adjoining lots.
(d)
If located in a building separate from the principal building,
the shooting range building shall be located at least 60 feet from
any adjacent residentially zoned or used property and shall not be
located closer to the front lot line than the principal buildings
on the lot.
B.
Permitted accessory uses and structures in nonresidential districts
or in the Mixed-Use District where the principal use is nonresidential
in nature:
(1)
Amusement game machines not located in a commercial recreation
and entertainment facility, limited to three machines per establishment
located within and accessible only from the principal use.
(2)
Ancillary business services in the CC Zone, limited to serving
the offices occupying the same building, such as copying and printing
services, mail packaging and receiving, secretarial services and retail
sales of office supplies, etc.
(3)
Apartments, on the second floor of a structure.
(a)
In any commercial district, apartments may be constructed on
the upper floor of a building, the first floor of which is devoted
to commercial use. No commercial uses shall be allowed on the upper
floor when such apartments are located there, and only a stair hall
giving access to the upper floor shall be permitted in addition to
commercial uses on the first floor.
(b)
The number of apartments permitted shall not exceed in number
the result of dividing the lot area in square feet by 20,000 on lots
not connected to the Township sewage disposal system or by 7,500 on
lots connected to such system.
(c)
Each apartment shall contain at least 500 square feet of floor
area, at least two habitable rooms, as well as separate and private
bathroom and food cooking and storage facilities.
(d)
There shall be provided on the lot two parking spaces for the
exclusive use of each apartment.
(4)
Automated teller system accessory to a use.
(5)
Day-care center restricted to children of employees or users
of services offered by the principal use.
(7)
Individual apartment of the owner, or manager, or an employee
of the business occupying the lot, such apartment in the same principal
structure on the lot occupied by the business.
(8)
Laboratory and/or pharmacy within a clinic and a branch bank
within an office building in the CC Zoning District.
(9)
Off-street loading areas, subject to the requirements of Part
9.
(10)
Off-street parking areas and/or garages for the exclusive use
of customers patronizing the establishment on the premises and for
employees of the establishment, in accordance with the requirements
of Part 9.
(11)
Retail sales, in the CC Zone, of books, magazines and newspapers
(excluding adult bookstores), standard restaurant, fast-food restaurant,
or drugstore, on the first floor of an office building, occupying
not more than 25% of the building's floor area exclusive of basement,
and provided that there shall be no exposed entryway serving the business
on the exterior of such building.
(12)
Satellite dish or antenna mounted on the ground and located not less than 1 1/4 times its maximum height from any side or rear lot line but not forward of the front setback line; or mounted on the roof and subject to § 27-505.
(14)
Swimming pool, tennis court or similar accessory recreational
facility when the principal permitted use is a motel, bed-and-breakfast,
public park, club, or cultural or institutional use or when there
are residential apartments on the same lot.
(15)
Temporary structure incidental to the development of a lot,
to be removed upon completion of development.
(16)
Other uses or buildings customarily incidental to principal
uses permitted in a district.
(17)
Accessory uses are limited to 25% of the total floor area. Employees
of the accessory uses shall not exceed 25% of the total number of
employees.
C.
Fences, Walls and Hedges.
(1)
No fence erected or placed within eight feet of any rear lot
line or any side lot line to the rear of the front building line shall
exceed eight feet in height.
(2)
No fence erected or placed within eight feet of any front lot
line or any side lot line forward of the front building line shall
exceed four feet in height.
(3)
Fences within residential districts shall not exceed eight feet
six inches in height. Fences within nonresidential districts shall
not exceed 12 feet in height.
(4)
Barbed wire and electrified fences are not permitted in residential
districts, with the exception of those lots qualifying, as specified
in this chapter, to maintain farm animals, farms, farmettes, or in
association with water towers, cell towers and the like. The maximum
height of said fencing shall be 12 feet. Said fences must be of a
pulsating source meeting Pennsylvania State Building Code standards
and must be set back at least five feet from any lot line.
(5)
Any fence, hedge, post, mailbox, sign, wall, tree, or shrub
located in a public right-of-way or other recorded easement is placed
at the owner's risk and may be ordered removed by the Township for
expansion or maintenance of public services.
(6)
The Zoning Officer may require more-stringent controls on the
placement of hedges and fences where, in his opinion, the public safety
is involved. Fences and hedges shall not interfere with maintaining
sight distances for automobile drivers approaching street intersections
within 20 feet of the right-of-way of such intersection.
(7)
Masonry walls shall not exceed height limitations as required
for fences and hedges. Foundations of such walls shall be carried
at least two feet six inches below finished grade, and walls shall
be at least eight inches thick. Retaining walls more than five feet
in height above finished grade on the low side shall be designed by
a registered professional engineer and may be approved only after
presentation of the engineer's sealed drawings to the Zoning Officer.
Retaining walls may not exceed 15 feet in height at any point nor
be more than eight feet in height on average above finished grade.
The exposed face of retaining walls shall be set back at least three
feet from any lot line, and a safety barrier along the top of the
wall may be required. Retaining walls may be extended above finished
grade on the high side a height not greater than the setback of the
wall face from the lot line or eight feet, whichever is less.
(8)
See waste disposal, § 27-508C(11).
D.
Swimming Pools.
(1)
Swimming pools are permitted as an accessory use in all zoning
districts, except the Light Industrial District, in connection with
any residential, recreation, institutional or motel principal permitted
use.
(3)
Swimming pools shall be located in side or rear yards of a lot
only and shall be set back from lot lines at least the required minimum
side yard setback distance in the zoning district where located.
(4)
For the purposes of this chapter, swimming pools shall also
include any portion of an associated deck, raised platform, or similar
structure and shall be subject to the setback requirements as defined
by this chapter.
(5)
The Pennsylvania Building Code shall serve to regulate provisions
pertaining to enclosure, construction and other related requirements.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
Temporary Uses.
(1)
Approval. Temporary uses may be permitted when approved by the
Board of Supervisors on the basis that the parcel conforms with the
lot requirements of Tables 2 and/or 3,[1] as appropriate, and there is the absence of any undue
adverse impact on surrounding properties in the district.
[1]
Editor's Note: Tables 2 and 3 are included at the end of this
chapter.
(2)
Parking. Before approving any temporary use, the Board of Supervisors
shall make an assessment of the total number of off-street parking
spaces which shall be reasonably required for the particular use,
its intensity, and the availability of other parking facilities in
the area and shall approve such temporary use only if such reasonably
requested off-street parking is provided.
(3)
Hours or Days of Operation. No temporary use shall be operated
during any hours or on any days of the week except those that are
designated by the Board of Supervisors on the basis of the nature
of the temporary use and the surrounding existing uses on adjoining
and adjacent properties.
(4)
County and State Approval/Permits. No temporary use shall be
operated without all of the required county and state approvals and
permits.
(5)
Specific Uses.
(a)
Carnivals, circuses, festivals or outdoor shows/seasonal fund-raising.
[1]
A carnival, circus, festival, or outdoor show/seasonal fund-raising
may be permitted in any district on a lot owned by any not-for-profit
group or organization.
[2]
Such use shall be limited to a period not to exceed five days.
[3]
Such use shall be limited to two events per year for each group
or organization.
[4]
Police security, crowd control, and traffic control shall be
provided at the sole expense of the landowner for the duration of
the use.
[5]
Hours of operation shall be scheduled to minimize negative impacts
on surrounding residential neighborhoods.
[6]
Such use need not comply with the front yard requirements of
this chapter, except that structures or equipment that might block
the view of operators of motor vehicles on the public streets shall
not be located within 30 feet of the intersection of the curblines
of any two streets.
[7]
Such use need not comply with the maximum height requirements
of this chapter.
(b)
Contractors' offices, equipment sheds and construction staging
areas.
[1]
Contractors' offices, equipment sheds and construction staging
areas containing no sleeping or cooking accommodations may be permitted
in any district when accessory to a construction project.
[2]
Temporary storage shall be allowed as an accessory use to the
contractor's office or equipment shed.
[3]
Such use shall be limited to a period not to exceed the duration
of such construction project.
(c)
Indoor and outdoor art/craft shows, exhibits and sales.
[1]
Indoor and outdoor art and craft shows, exhibits and sales may
be permitted in any commercial district, or in any public park in
a residential district, subject to prior approval of the Township.
[2]
Hours of operation shall be scheduled to minimize negative impacts
on surrounding residential neighborhoods.
[3]
Police security, crowd control, and traffic control shall be
provided for the duration of the use.
[4]
Such use shall be limited to a period not to exceed five days.
[5]
Such use shall be limited to two events per year for each applicant.
(d)
On-site real estate offices.
[1]
Real estate offices containing no sleeping or cooking accommodations,
unless located in a model dwelling unit, may be permitted in any district
when accessory to a new housing development.
[2]
Such use shall be limited to the period of the active selling
or leasing of dwelling units in such principal new housing development
so not to exceed the completion of development (95% of the overall
development if completed in phases).
(e)
Portable storage units for residential uses.
[1]
"Portable storage unit" is hereby defined as a container that
is not affixed to the land and that is designed for temporary short-term
storage.
[2]
Portable storage units are within the definition of "structure."
No portion of a tractor-trailer or portion of a similar vehicle shall
be considered a portable storage unit.
[3]
The following regulations shall be applicable to portable storage
units for on-site storage:
[a]
There shall be no more than one portable storage
unit per lot.
[b]
A portable storage unit shall be no larger than
12 feet wide, 16 feet long and eight feet high.
[c]
No portable storage unit shall remain in a residential
zoning district in excess of 30 consecutive days, unless an extension
of the applicable permit has been approved by the Township. A maximum
of three extensions may be granted, and no portable storage unit shall
be placed on a lot in a residential zoning district in excess of 120
days in any calendar year. The portable storage unit shall be removed
from the lot by the final expiration date on the permit.
[d]
A portable storage unit shall be permitted during
construction, reconstruction, alteration or renovation of the principal
building and for an additional period of three days before and after
such activity, provided that a building permit has been issued by
Richland Township. The portable unit shall be removed from the lot
before the Township Zoning Officer issues an occupancy permit or if
the construction activity ceases for a period of more than seven consecutive
days.
[e]
A portable storage unit may be located on a lot
during an emergency situation as declared by the appropriate federal,
state, county or Richland Township agency pursuant to a temporary
permit issued by the Richland Township Zoning Officer. The portable
storage unit shall be removed from the lot within seven days after
the end of the emergency declaration.
[f]
It shall be unlawful for any person to place or
permit the placement of a portage storage unit on property which he
or she owns, rents, occupies or controls without first having obtained
a permit therefor from the Richland Township Zoning Officer.
[g]
Application for a permit shall be made to the Richland
Township Zoning Officer on a form provided by Richland Township. The
Zoning Officer shall determine the most appropriate location for the
portable storage unit to be placed on the lot. A permit fee, in an
amount to be established from time to time by resolution of the Board
of Supervisors, shall accompany the application. The issuance of a
permit shall allow the applicant to place the portable storage unit
on the subject lot in the location specified in the permit in conformance
with the requirements of this chapter. The permit shall be posted
in plain view on the subject lot.
[h]
This subsection shall not apply to businesses established
and operating as an enterprise for the sale and/or rental of portable
storage units.
B.
Temporary Structure Incidental to Development.
(1)
Temporary or movable structures for contractors' use shall be
permitted during the period of actual construction work.
(2)
A building manifestly designed as a home or a dwelling unit
within a residential development may be used as a real estate sales
or rental office, but such use shall be discontinued and shall revert
to residential use upon sale of the last home in the plan, or rental
of the last dwelling in the complex, containing the temporary real
estate office.
(3)
Temporary off-street parking for at least 10 cars shall be provided
adjacent to the real estate office, and such office shall be as near
as possible to the main entrance of the plan or development.
(4)
One sign only, on the lot containing the real estate office,
not more than 10 square feet in area, each face, shall be permitted,
lighted from within.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009;
and by Ord. 450, 7/20/2011]
A.
The following standards governing the operation of permitted activities
shall apply where they are more restrictive than applicable controls
of Allegheny County or the Commonwealth of Pennsylvania. These standards
shall apply to all new construction, whether a new operation or expansion
of existing facilities, proposed.
B.
The landowner and/or developer shall produce evidence, where the
Planning Commission feels it is necessary, that the requirements of
Allegheny County and the Commonwealth of Pennsylvania have been or
will be met in the conduct of the proposed operation, both during
and after development.
C.
The following are maximum allowable emissions, as measured along
lot or zoning district boundaries as noted. The developer shall demonstrate
to the Planning Commission's satisfaction that, if activities that
are likely to produce these noxious side effects will be a part of
the operation, measures will be taken to conform to these controls:
(1)
Noise. Noise levels, measured along the lot boundaries of the
lot emanating the noise, shall not exceed 50 decibels, whether steady
or intermittent, except noise of transportation vehicles in motion.
(2)
Visible Emissions. This section is intended to apply equivalent
or more-strict Allegheny County Health Department Air Pollution regulations.
The opacity of visible emissions from a flue or process fugitive emissions
from a source, excluding uncombined water, shall, when measured along
district boundaries, not equal or exceed an opacity of 20% for a period
or periodic aggregating more than three minutes in any sixty-minute
period or equal or exceed an opacity of 69% at any time; provided
that, if Allegheny County Health Department regulations established
a more-strict visible emissions statement, then such standard shall
be met. For purposes of this section, the terms "source," "flue,"
and "process fugitive emissions" shall be defined as set forth in
the Allegheny County Health Department Rules and Regulations, Article
XX, Air Pollution Control, as may be amended from time to time.
(3)
Glare. It is the intent of this Part to provide for the control
of lighting and glare for all districts of the Township.
(a)
In any district, any operation or activity producing intense
glare shall be so conducted that direct and indirect illumination
from the source of light shall not cause illumination in excess of
1/2 of one footcandle when measured at any residence district boundary
line or any residentially developed property in a commercial or industrial
district. Flickering or intense sources of light shall be so controlled
as not to cause a nuisance across any lot lines.
(b)
No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light beyond its lot lines. In general, lighting
fixtures that shield the reflector or lens or any high-brightness
surface from viewing angles about 60° from horizontal shall be
utilized. Architectural lighting shall be recessed under roof overhangs
or generated from concealed sources utilizing low-intensity light
fixtures. The interior illumination of a canopy which permits any
light to pass through is hereby banned. The illumination or lighting
of freestanding and building canopies, awnings and exterior auxiliary
parts is prohibited, with the exception of flat-lens, full-cutoff,
downcast lighting, which may be mounted on the underside surface of
a structure, provided that it illuminates only the ground area beneath
the structure. For the purpose of this chapter, a "canopy" shall be
defined as a covering over an area not enclosed by walls. An "awning"
shall be defined as an overhanging projection extending from a structure.
An "auxiliary part" shall mean all exterior structures, such as shelters,
porches, decks, colonnades, arbors, trellises, and pergolas.
(c)
All outside lighting, including sign lighting, shall be focused
away from adjacent streets and properties and shall be directed in
such a way as not to create a nuisance to any adjacent use and roadway.
All luminaries and fixtures hereafter constructed, installed, changed
or remodeled shall be equipped with a glare-shielding device, full-cutoff,
downward-cast, in the case of freestanding area lighting. The intensity
of outdoor lighting shall be limited within usable areas of a site
(i.e., parking, walkways, etc.) to an average intensity at the ground
of 3 1/2 footcandles, with a maximum intensity at any given point
on the ground of 12 footcandles, unless otherwise approved by the
Board of Supervisors. A four-hundred-watt maximum shall apply to any
light source.
(d)
In any district, all pole-mounted illumination or lighting over
six feet in height or any wall-mounted illumination or lighting supported
by brackets or pole arms over six feet in height, hereafter constructed,
installed, changed or remodeled, shall be full-cutoff lighting with
flush or recessed lens caps only. All light fixtures shall be mounted
parallel to the ground. "Full-cutoff lighting" shall be defined as
the type of lighting fixture designed to provide a light distribution
so that the candela at 90 feet above nadir is zero and less than 10%
of rated lumens at 80 feet above nadir.
(e)
Illumination and light intensity shall not exceed 1/2 of one
footcandle, measured either vertically or horizontally to the ground
surface, at any height, at any adjoining lot line in a residential
district. Where light is reflected in a street area, then the intensity
measurement shall be made on the right-of-way line across the street
from where the light source emanates.
(f)
Illumination and light intensity shall not exceed three footcandles,
measured either vertically or horizontally to the ground surface,
at any height, at any adjoining lot line in a commercial or industrial
district. Where light is reflected in a street area, the intensity
measurement shall be made on the right-of-way line across the street
from where the light source emanates.
(g)
Sign lighting shall be low-intensity and generated from a concealed
source and shall not spill over into adjoining properties or roadways
or in any way interfere with the vision of oncoming motorists. Spotlights
used to illuminate signs, or each side of a two-faced sign, shall
be restricted to not more than one one-hundred-fifty-watt light per
sign for up to 40 square feet and no more than two one-hundred-fifty-watt
lights per sign for over 40 square feet. The sign base or landscaping
around the sign shall be designed to shield the light from oncoming
motorists to conceal the light source and light fixtures.
(h)
The height of a luminaire shall be limited as follows:
[1]
In any residential district, the maximum height permitted shall
be 20 feet.
[2]
In any other district, the maximum height shall be 30 feet.
[3]
The Board of Supervisors may further limit the height of luminaries
when it is determined that proposed lighting may have a detrimental
impact upon nearby properties.
(i)
Ball diamonds, playing fields and tennis courts which have a
unique requirement for nighttime visibility may be exempted from Subsection
C(3)(a) through (h) if, in the judgment of the Board of Supervisors,
their limited hours of operation and the location of the luminaries
will adequately protect neighboring residential uses.
(j)
The Board of Supervisors shall also retain overall supervision
of issues pertaining to enforcement of lighting and glare regulations
and may grant modifications from the lighting and glare regulations
contained in this chapter.
(4)
Odors. Odors created by any manufacturing or processing operation
shall not be discernible beyond the lot carrying on a manufacturing
or processing operation producing an odor.
(5)
Dust. Dust shall be gathered and bagged within the structure
housing the process producing the dust and disposed of as solid waste.
(6)
Sky-Reflected Glare. All operations capable of producing sky-reflected
light shall be conducted in an enclosed structure that will contain
the glare inside.
(7)
Radioactivity or Electrical Disturbance. No activities shall
be permitted which emit dangerous radioactive or electrical disturbance
beyond the boundary of the lot upon which such disturbance originates.
(8)
Vibration. No vibration from any process shall be discernible
beyond the boundary of the lot on which a vibration-producing process
occurs.
(9)
Storage of Flammable or Explosive Substances. Storage of such
materials shall occur in accordance with the provisions of the Pennsylvania
State Building Code, the Pennsylvania Department of Environmental
Protection and/or Allegheny County, as applicable.
(10)
Outside Storage.
(a)
Outside storage shall not encroach upon automobile parking or
truck loading areas.
(b)
Solids. Solid materials stored outside shall be permanently
screened from view from any public street and from adjacent residential
areas.
(c)
Liquids. Liquid materials shall be stored in vented tanks below
grade or in above-grade vessels not exceeding 35 feet in height, surrounded
by a dike of sufficient capacity to contain the maximum volume of
the tank or tanks thus enclosed. Liquid materials shall not be allowed
to seep into the ground or flow into a stream or drainageway.
(d)
Raw materials, scrap material and inoperable equipment or vehicles
shall be permanently screened from public view.
(11)
Waste Disposal.
(a)
Organic wastes shall be stored in covered containers.
(b)
Non-single-family residential development and nonresidential
development shall ensure that garbage and trash containers on any
lot shall be kept covered in secured receptacles in side or rear yards
hidden from public view by means of a fence, wall or tight hedge a
minimum of six inches higher than said receptacles. The maximum height
of fencing erected around dumpsters shall be 12 feet.
(c)
On commercial properties where food is served in paper containers,
covered waste receptacles shall be conspicuously located on the premises
for use by patrons. The management shall be responsible for maintaining
the receptacles and keeping the lot litter-free.
(d)
Dumpsters located within a public street or sidewalk shall be
subject to Township permitting and fee requirements.
(e)
Enclosures of dumpsters shall be constructed of brick, masonry
or the same material of the principal structure on the lot. The gate
of said enclosure shall also be opaque.
(f)
No dumpster(s)/dumpster enclosure(s) shall be located in a front
yard or buffer yard.
D.
Performance Standards Procedure.
(1)
Prior to Construction and Operation. Any application for a building
permit for construction in the Restricted Light Industrial District
shall be accompanied by a sworn statement by the owner of the lot
that the proposed use will be operated in accordance with these performance
standards. Such statement shall describe in detail the proposed use
and process relative to compliance with this chapter; and any change
in the future to the process, as described, by the applicant or by
a successor company shall be presented to the Township Zoning Officer
for approval to ensure continued compliance.
(2)
Continued Compliance. Continued compliance with performance
standards is required, and responsibility for continued compliance
with these performance standards shall be enforced by the Zoning Officer.
(3)
Determination of Violation. The Zoning Officer shall investigate
any purported violation of performance standards. If he suspects a
violation exists, he shall report such information to the proper state
or county agencies or to the Board of Supervisors for further action.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
The minimum spacing and quantity of vegetation planted within a buffer
yard shall be in accordance with the requirements of this section.
B.
Any existing trees within the required buffer yard that are a minimum
of 2 1/2 inches in diameter at breast height (dbh) in accordance
with American Association of Nurserymen standards shall count as required
trees within the buffer yard. At no point, however, shall any existing
trees and required trees be separated at a distance greater than the
distance specified in the required buffer yard. Where, in the opinion
of Planning Commission, the existing landscaping in the buffer yard
is equal to or exceeds the required landscaping in the buffer yard,
the Planning Commission may recommend that the existing landscaping
be approved as meeting the requirements of this chapter.
C.
All shade/deciduous trees required to be planted within the buffer yard shall be a minimum of that as described in § 27-509J and in accordance with American Association of Nurserymen standards and shall be planted in accordance with accepted landscape conservation practices. All shade/deciduous/evergreen required trees shall be a minimum of six feet in height at the time of planting, as measured from the ground adjacent to the planted tree to the top of the tree. Additional plant material shall be provided based upon the following diagrams. Buffer yard diagrams on the following pages shall represent an increment of 150 feet.
D.
To optimize the safety of vehicular and pedestrian traffic on a lot,
when a buffer yard abuts a right-of-way, plantings of all tree, shrub
and perennial material shall be located, to the greatest extent possible,
to the interior portion of the buffer yard. The "interior portion"
shall be defined as that portion which is most adjacent to development
on said lot.
E.
It shall be the responsibility of the landowner and/or developer
to assure the continued growth of all required landscaping and/or
to replace the same in the event of freezing, drought, vandalism,
disease or other reasons for the discontinued growth of the required
trees, shrubs and bushes. Dead and dying plants shall be replaced
with healthy plants of equal size no later than the subsequent planting
season.
F.
Buffer yards shall be required along those lot lines and rights-of-way
that include the types of adjoining uses described in Table 4.
G.
No grading shall occur in a buffer yard required by this chapter
that abuts a residential lot line.
H.
To the greatest extent possible, the landowner and/or developer shall
preserve existing vegetation within a designated buffer yard. Trees
to be preserved should not be disturbed within the dripline.
I.
The maximum width for a driveway or other similar designated paved
surface within a buffer yard shall be 50 feet, unless otherwise approved
by the Board of Supervisors.
J.
The minimum size of plants placed within in a buffer yard shall be
as follows:
K.
Identification signage for nonresidential development and/or residential
subdivisions shall be permitted to be erected within a buffer yard
which is adjacent to a public right-of-way so long as all sight distance
is maintained at all points of ingress and egress.
|
Table 4
| ||||
|---|---|---|---|---|
|
Required Buffer Yards
| ||||
|
See § 27-509B for information regarding existing trees.
| ||||
|
A
|
B
|
C
|
P
| |
|
Multifamily
| ||||
|
Adjoining single- or two-family use
|
X
| |||
|
Adjoining multifamily
|
X
| |||
|
Adjoining undeveloped R
|
X
| |||
|
Adjoining any commercial and MU
|
X
| |||
|
Adjoining any CM and M (Industrial)
|
X
| |||
|
All uses in NC and CC
| ||||
|
Adjoining single or two-family use
|
X
| |||
|
Adjoining multifamily
|
X
| |||
|
Adjoining undeveloped R
|
X
| |||
|
Adjoining any commercial and MU
|
X
| |||
|
Adjoining any CM and M (Industrial)
|
X
| |||
|
All uses in CM and M
| ||||
|
Adjoining any R
|
X
| |||
|
Adjoining any commercial and MU
|
X
| |||
|
Adjoining any CM and M (Industrial)
|
X
| |||
|
All uses in MU
| ||||
|
To be determined by the Township upon review of lot dimensions,
surrounding land uses and surrounding zoning district designations
| ||||
|
All uses in PCO
| ||||
|
Adjoining any other use
|
X
| |||
|
All uses in PRD
| ||||
|
Adjoining any other use
|
X
| |||
|
Lot improvements in the Route 8 Overlay
|
X
|
X
| ||
|
Other than those which are residential in nature. See also § 27-603C.
| ||||
 |
L.
Buffer Yard A.
(1)
No uses, buildings or structures, including but not limited
to accessory structures, parking spaces, and lighting devices, may
be located closer than 25 feet from any lot line, except that access
drives may be located in the front buffer yard or other buffer yard
in accordance with the diagram following Table 4.
(2)
The minimum spacing and quantity of vegetation planted within
Buffer Yard A shall be as prescribed by the provisions of this chapter.
(3)
In addition to required trees, a row of lower-level evergreen
shrubs or hedges shall be planted or earth mounding shall be constructed
in the buffer yard which shall provide a year-round visual screen
capable of acting as a barrier to light beams emanating from the headlights
of vehicles. Lower-level shrubs, hedges or mounds shall be a minimum
of four feet in height. The length of an individual mound shall not
be greater than 30% of the lot line to which the mound is adjacent.
A variety of heights within and between mounds is recommended.
 |
M.
Buffer Yard B.
(1)
No uses, buildings or structures, including but not limited
to accessory structures, parking spaces, and lighting devices, may
be located any closer than 15 feet to any lot line.
(2)
The minimum spacing and quantity of vegetation planted within
Buffer Yard B shall be as prescribed by the provisions of this chapter.
(3)
In addition to required trees, a row of lower-level evergreen
shrubs or hedges shall be planted or earth mounding shall be constructed
in the buffer yard which shall provide a year-round visual screen
capable of acting as a barrier to light beams emanating from the headlights
of vehicles. Lower-level shrubs, hedges or mounds shall be a minimum
of four feet in height. The length of an individual mound shall not
be greater than 30% of the lot line to which the mound is adjacent.
A variety of mound heights is recommended.
(4)
The following diagram represents an increment of 150 feet. Species
spacing should be located to respond to existing and/or potential
conflicts with development on the adjacent lot.
(5)
For buffer yard plantings, the Township encourages the planting
of species as outlined in § 27-511B(5)(b)[1].
 |
N.
Buffer Yard C.
(1)
No uses, buildings or structures, including but not limited
to accessory structures, parking spaces, and lighting devices, may
be located any closer than 10 feet to any lot line.
(2)
The minimum spacing and quantity of vegetation planted within
Buffer Yard C shall be as prescribed by the provisions of this chapter.
(3)
In addition to required trees, a row of lower-level evergreen
shrubs or hedges shall be planted or earth mounding shall be constructed
in the buffer yard which shall provide a year-round visual screen
capable of acting as a barrier to light beams emanating from the headlights
of vehicles. Lower-level shrubs, hedges or mounds shall be a minimum
of four feet in height. The length of an individual mound shall not
be greater than 30% of the lot line to which the mound is adjacent.
A variety of mound heights is recommended.
(4)
The following diagram represents an increment of 150 feet. Species
spacing should be located to respond to existing and/or potential
conflicts with development on the adjacent lot.
(5)
For buffer yard plantings, the Township encourages the planting
of species as outlined in § 27-511B(5)(b)[1].
 |
O.
Buffer Yard P.
(1)
No uses, buildings or structures, including but not limited
to accessory structures, parking spaces, and lighting devices, may
be located closer than 60 feet from any lot line, except that access
drives may be located in the front buffer yard or other buffer yard.
(2)
The minimum spacing and quantity of vegetation planted within
Buffer Yard P shall be as prescribed by the provisions of this chapter.
(3)
In addition to required trees, a row of lower-level evergreen
shrubs or hedges shall be planted or earth mounding shall be constructed
in the buffer yard which shall provide a year-round visual screen
capable of acting as a barrier to light beams emanating from the headlights
of vehicles. Lower-level shrubs, hedges or mounds shall be a minimum
of four feet in height. The length of an individual mound shall not
be greater than 30% of the lot line to which the mound is adjacent.
A variety of heights within and between mounds is recommended.
(4)
The following diagram represents an increment of 150 feet. Species
spacing should be located to respond to existing and/or potential
conflicts with development on the adjacent lot.
(5)
For buffer yard plantings, the Township encourages the planting
of species as outlined in § 27-511B(5)(b)[1].
 |
P.
Parking Lot Buffer Yards. Unless otherwise required by § 27-509, the following parking lot buffer yards shall be planted:
(1)
Where a parking lot is located abutting the Route 8 right-of-way, a landowner and/or developer shall provide a minimum of a fifteen-foot planting between said parking lot and the right-of-way line. Said planting shall include a combination of trees and lawn. See also § 27-509D.
(2)
Where a parking lot of one nonresidential use abuts another
parking lot of an adjacent nonresidential use, the landowner and/or
developer shall provide a minimum of a fifteen-foot planting, including
a combination of hedge plantings and lawn.
Q.
Conflict Between Buffer Yard and Yard Requirements.
(1)
When the width of a required buffer yard is in conflict with
the minimum yard requirements of this chapter, the greater distance
shall apply. The landowner and/or developer shall adhere to the buffer
yard planting requirement regardless of what the yard requirement
is.
R.
Existing Structures in Buffer Yards.
(1)
In instances where an existing building or structure houses
the principal use of the lot and is located within any required buffer
yard, a buffer yard of not less than the minimum distance from the
existing structure to the lot line shall be required. This reduced
buffer yard width shall apply only to the yard area upon which the
existing structure encroaches. If the existing building or structure
is located within the required buffer yard on one side of the building
or structure, the required buffer yard as determined by Table 4, Buffer
Yards, of this chapter shall apply on all other yard areas. All planting
requirements shall be adhered to regardless of the buffer yard width.
 |
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
Landscaping required in buffer yards cannot be substituted for any
required landscaping as outlined in this section.
B.
A landscape plan, with appropriate details, shall be prepared and
submitted in conjunction with a development plan at the time of an
application for tentative approval and a final application of any
planned residential development, planned nonresidential development,
planned campus development, subdivision or land development. The landscape
plan shall include and illustrate, at scale, the location and name
of each tree, shrub and ground cover as it relates to proposed topography
for the following:
(1)
All required buffer yards with proposed plantings.
(2)
All required planting independent of any buffer yard requirements.
(3)
Any planting in excess of the requirements of this chapter.
(4)
Any existing trees or vegetation which are to be preserved.
(5)
Any existing trees or vegetation which will be removed.
(6)
The proposed planted and standard mature height, width and caliper
of all plants which will be located on the lot.
(7)
The location and species of all existing trees 10 inches in
diameter at breast height (dbh) within the area to be disturbed. All
such trees shall be marked in the field in order that they may be
inspected by the Township. Applicants are encouraged to maximize the
retention of all healthy existing trees 10 inches or more dbh.
C.
No development plan shall be finally approved unless a bond or other
form of financial security acceptable to the Township Solicitor and
Township Engineer is provided to the Township which secures the cost
of installing the landscaping required by this chapter and the cost
of replacement of any installed plant materials for a five-year period
after initial planting.
(1)
The bond or other security shall be in the amount of 110% of
the estimated cost of installation of the required landscaping, as
calculated by the Township Engineer.
(2)
A development plan may be approved subject to the condition
that the required bond or security be delivered to the Township at
a later time, in which case Township officials shall not sign off
on the development plan or release it for recording until the bond
or other security is delivered.
(3)
The bond or other security, or a separate bond or other security
in the nature of a maintenance bond, shall specifically secure the
estimated cost for plant replacement, which amount shall be determined
by the Township Engineer. Said replacement security shall not be released
in any part until five years from the date of initial installation.
(a)
At any time following installation, the Township may require
replacement of any dead or unhealthy plants that were installed by
the developer, as may be determined by the Township Engineer, and
the Township may collect from the bond or other security the necessary
funds for immediate replacement of such plants.
(b)
At the end of said five-year period, the Township Engineer shall
certify as to whether any planted materials are in need of replacement
and as to the estimated cost of such replacement. The bond or other
security may then be released, except for such amount as corresponds
to the replacement cost estimate of the Township Engineer. The Township
may then require replacement of any plants in need of replacement
and/or may collect from such bond or other security the funds necessary
to carry out the replacement certified to by the Township Engineer.
D.
At least one deciduous tree must be planted for each 1,500 square
feet of gross lot area occupied by the building footprint in conjunction
with any nonresidential development.
E.
At least one deciduous tree must be planted for each dwelling unit.
The species and size of said tree(s) shall be selected from the list
of permitted trees prepared and maintained by the Township. The planting
of said tree within the development shall be completed prior to the
approval and issuance of a building occupancy permit. Said trees shall
not be utilized to fulfill any other landscaping and/or buffer yard
provisions required by this chapter.
F.
All trees which are required to be planted as per the regulations
of this section shall be a minimum of 2.5 inches in diameter at breast
height (dbh) at the time of planting, measured along the trunk of
the planted tree, which tree shall be planted in accordance with accepted
conservation practices.
G.
All yard areas not utilized for parking areas, street roadways, driveways,
gardens, the planting of trees or shrubs, flower, vegetable or herb
beds or similar uses must be seeded, sodded or landscaped within a
reasonable period of time. The phrase "a reasonable period of time"
shall be interpreted to be within two weeks after construction activities
are completed, unless those activities are completed between a November
1 through May 1 time period. In such case, the required tree planting
shall occur within two weeks of April 1, and sodding or seeding shall
occur within two weeks of May 1.
H.
Landscape walls are nonstructural, non-load-bearing walls less than
30 inches in height and used in the art of arranging or modifying
the features of a landscape to secure beautiful or advantageous effects.
Walls greater than 30 inches in height must meet the requirements
of the Township's construction standards.
I.
It shall be the responsibility of the landowner and/or developer
to assure the continued growth of all required landscaping and/or
to replace the same with material of comparable size and character
in the event of freezing, drought, vandalism, disease or other reasons
that may have caused the discontinued growth of the required trees,
shrubs and other vegetation. Dead and dying plants shall be replaced
no later than 60 days from Township notification or within the subsequent
planting season, as approved by the Township.
J.
Required Parking Lot Landscaping.
(1)
To minimize the impacts of excessive heat and glare, a landowner
and/or developer shall provide landscaping within each parking lot
with eight or more parking spaces. The following required landscaping
may be contained within either parking islands at the end of parking
rows or parking medians:
(a)
One tree shall be planted for every eight parking spaces.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
Existing Resource Inventory. As part of all zoning applications and for subdivision/land development proposed within Richland Township, a landowner and/or developer shall delineate, in accordance with the provisions of this chapter and Chapter 22, Subdivision and Land Development, the following site characteristics on an existing resource map:
(1)
Slopes greater than or equal to 25% in gradient.
(2)
All named streams, including perennial streams, intermittent
streams, and ephemeral streams, as identified by the United States
Geologic Survey, and areas identified by § 27-511B(1)(e)
shall be inventoried for Township review.
(3)
Wetlands, including a twenty-five-foot conservation zone around
such resources. Said conservation zones may include any buffers to
such areas as required by PADEP.
(4)
Landslide-prone soil types defined by the United States Department
of Agriculture's Soil Survey of Allegheny County, Pennsylvania, including
the following classifications:
(a)
EvB Ernest Vandergrift silt loams, 3% to 8% slopes.
(b)
EvC Ernest Vandergrift silt loams, 8% to 15% slopes.
(c)
EvD Ernest Vandergrift silt loams, 15% to 25% slopes.
(d)
GpC Gilpin Upshur complex, 8% to 15% slopes.
(e)
GpD Gilpin Upshur complex, 15% to 25% slopes.
(f)
GQF Gilpin Upshur complex, very steep.
(g)
GrE Gilpin Vandergrift silt loams slumped, 15% to 35% slopes.
(h)
GvC Guernsey Vandergrift silt loams, 8% to 15% slopes.
(i)
GvD Guernsey Vandergrift silt loams, 15% to 25% slopes.
(j)
UaB Upshur silty clay loams, 3% to 8% slopes.
(k)
UaC Upshur silty clay loams, 8% to 15% slopes.
(5)
Evergreen and deciduous trees with a ten-inch diameter when
measured at breast height (dbh). All such trees shall be marked in
the field in order that they may be inspected by the Township.
B.
Resource Conservation Strategy. To ensure public safety, to minimize
negative impacts of erosion and sedimentation as well as to promote
the continuation of the community's historic semirural character,
the following resources shall be conserved. Where such resources are
not conserved, proposed location(s) of disturbance shall be illustrated
on a resource disturbance map for Township review.
(1)
Disturbance of streams and wetlands, including conservation
zones, shall not occur. Road and utility crossings over streams are
exempt from this provision, provided that:
(a)
No roadway or utility crossing exceeds 100 feet in width, including
paving and embankments.
(b)
All road and utility crossings shall traverse streams at right
angles where practical.
(c)
A road and utility crossing is not located within 200 feet of
another roadway crossing, as measured from center line to center line.
(d)
Road crossings shall include driveways to residential lots.
(2)
Stream buffers shall be provided for new development sites as
per the following requirements:
(a)
A minimum stream buffer width of 50 feet landward in each direction
from the top of stream banks is required for all waterways having
both a defined bank and a contributing watershed area of greater than
100 acres.
(b)
A minimum stream buffer width of 15 feet landward in each direction
from the center line of the waterway is required for smaller waterways
having a contributing watershed area of less than 100 acres and greater
than 10 acres.
(c)
The stream buffer area should be maintained in a natural state.
(d)
When wetland(s) extend beyond the edge of the required buffer
width, the buffer shall be adjusted so that the buffer consists of
the extent of the wetland plus a twenty-five-foot zone extending beyond
the wetland edge.
(e)
Stream buffer averaging may be applied to account for encroachments
such as road crossings. The following criteria must be met in order
to utilize buffer averaging on a development site:
[1]
Buffer averaging is required for water quality buffers that
have stream crossings.
[2]
An overall average buffer width of at least 50 feet must be
achieved within the boundaries of the property to be developed. Stream
buffer corridors on adjoining properties cannot be included with buffer
averaging on a separate property, even if owned by the same property
owner.
[3]
The average width must be calculated based upon the entire length
of stream bank that is located within the boundaries of the property
to be developed. When calculating the buffer length, the natural stream
channel should be followed.
[4]
Stream buffer averaging shall be applied to each side of a stream
independently. If the property being developed encompasses both sides
of a stream, buffer averaging can be applied to both sides of the
stream but must be applied to both sides of the stream independently.
[5]
The total width of the buffer shall not be less than 25 feet
at any location, except at approved stream crossings. Those areas
of the buffer having a minimum width of 25 feet (or less at approved
stream crossings) can comprise no more than 50% of the buffer length.
(f)
Stream buffer locations and widths should be illustrated on
all subdivision plans with notations requiring they be maintained
in a natural state.
(g)
Stream buffers should be illustrated on all grading and erosion
and sedimentation control plans. The defined stream buffer location
should be properly recorded. The recording should provide a plan illustrating
the stream buffer location, width and the requirement that it be maintained
in a natural state.
(3)
A maximum of 25% of slopes greater than or equal to 25% in gradient
may be disturbed on a site. For the purposes of this chapter, slopes
shall be at least 25 feet in length, measured on a horizontal plane.
(4)
Proposed disturbance of any landslide-prone soil types shall
be presented for discussion with the Township Engineer to determine
if further geotechnical analysis is required.
(5)
Applicants are encouraged to maximize the retention of all healthy
existing trees greater than or equal to 10 inches dbh. Where such
resources are not conserved, said resources shall be illustrated on
the resource disturbance map. Depending on the zoning district applicable
to the site and in conjunction with regulations outlined elsewhere
in this chapter, the following shall apply:
(a)
In all zoning districts, each tree greater than or equal to
10 inches dbh that is removed from an area on the site that is being
developed for a use or activity other than for agriculture or the
improvement of common open space or outdoor recreation shall be replaced
with a native species tree a minimum of three inches dbh.
(b)
Replacement trees.
[1]
Recommended replacement trees include the following:
|
Acer rubrum
|
Red maple
| |
|
Acer saccharum
|
Sugar maple
| |
|
Amelanchier
|
Serviceberry
| |
|
Betula lenta
|
Sweet birch
| |
|
Betula nigra
|
River birch
| |
|
Carya ovata
|
Shagbark hickory
| |
|
Carya tomentosa
|
Mockernut hickory
| |
|
Celtis occidentalis
|
Hackberry
| |
|
Cercis Canadensis
|
Redbud
| |
|
Cercidiphyllum japonicum
|
Katsura tree
| |
|
Cladrastis lutea
|
American yellowood
| |
|
Cornus Florida
|
Dogwood
| |
|
Fagus grandifolia
|
American beech
| |
|
Fagus sylvativa
|
European beech
| |
|
Fraxinus pennsylvanica
|
Ash
| |
|
Gleditsia tricanthos
|
Honeylocust (thornless)
| |
|
Juglans nigra
|
Eastern black walnut
| |
|
Liriodendron tuliperfera
|
Tuliptree
| |
|
Liquidambar styraciflua
|
American sweetgum
| |
|
Magnolia acuminate
|
Cucumber tree
| |
|
Nyssa sylvatica
|
Sourgum
| |
|
Platanus acerifolia
|
London planetree
| |
|
Platanus occidentalis
|
Sycamore
| |
|
Quercus alba
|
White oak
| |
|
Quercus borealis
|
Red oak
| |
|
Quercus coccianea
|
Scarlet oak
| |
|
Quercus palustris
|
Pin oak
| |
|
Quercus velutina
|
Black oak
| |
|
Tilia Americana
|
Basswood
| |
|
Tilia cordata
|
Little-leaf European linden
| |
[2]
No one species shall comprise more than 15% of the total number
of replacement trees.
[3]
All trees, including those not listed, are subject to approval
by the Township with respect to health, location and species type.
(c)
The placement and planting of all proposed replacement trees
will be evaluated based upon their relevance to maximizing public
health and safety as well as minimizing impacts of erosion and sedimentation.
Proposed tree replacement shall be subject to Township review in accordance
with the relationships of said trees with one another, the natural
and/or built environment of the site and adjacent land use activity.
The following relationships may be utilized to accomplish these objectives:
[1]
Distribution throughout the site for the purposes of heat reduction
and/or similar environmental impact.
[2]
Clustering for the purposes of screening.
[3]
Clustering for the purposes of slope stability and/or similar
environmental impact.
[4]
Compatibility and/or continuity with adjacent existing or planned
land use activity.
[Ord. 466, 11/6/2013]
1.
Purpose. It is the purpose of these regulations to promote the safe,
effective and efficient use of installed solar energy systems that
reduce on-site consumption of utility-supplied energy while protecting
the health, safety and welfare of adjacent and surrounding land uses
and lots. This section seeks to:
A.
Provide owners and business owners/operators with flexibility in
satisfying their on-site energy needs.
B.
Reduce overall energy demands within the Township and to promote
energy efficiency.
C.
Integrate alternative energy systems seamlessly into the Township's
neighborhoods and landscapes without diminishing quality of life in
the neighborhoods.
2.
Applicability.
A.
This section applies to building-mounted and ground-mounted systems
installed and constructed after the effective date of this section.
B.
Solar PV or NPV systems constructed prior to the effective date of
this section are not required to meet the requirements of this section.
C.
Any upgrade, modification or structural change that materially alters
the size or placement of an existing solar PV or NPV system shall
comply with the provisions of this section.
3.
Permitted Zoning Districts.
A.
Building-mounted and ground-mounted systems are permitted in all
zoning districts as an accessory use to any lawfully permitted principal
use on the same lot upon issuance of the proper permit and upon compliance
with all requirements of this section and as elsewhere specified in
this chapter.
4.
Location Within Lot.
A.
Building-mounted systems are permitted to face any rear, side and front yard or any buildable area as defined in § 27-303. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.
B.
Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district. See § 27-505, Table 2,[1] and § 27-512.6 below.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
5.
Design and Installation Standards: Construction, Electric and Fire
Codes.
A.
The solar PV or NPV system must be constructed to comply with the
Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,
and any regulations adopted by the Pennsylvania Department of Labor
and Industry as they relate to the UCC, except where an applicable
industry standard has been approved by the Pennsylvania Department
of Labor and Industry under its regulatory authority.
B.
All wiring must comply with the National Electrical Code, most recent
edition, as amended and adopted by the Commonwealth of Pennsylvania.
(1)
For ground-mounted systems, all exterior electrical lines must
be buried below the surface of the ground where possible or be placed
in conduit.
C.
The solar PV or NPV system must be constructed to comply with the
most recent Fire Code as amended and adopted by the Commonwealth of
Pennsylvania.
6.
Setback Requirements.
A.
Ground-mounted systems. Ground-mounted systems must meet the same setback requirements applicable to principal structures in the applicable zoning district. See § 27-505, Tables 2 and 3.[2] No part of the ground-mounted system shall extend into
the required setbacks due to a tracking system or other adjustment
of solar PV related equipment or parts.
[2]
Editor's Note: Tables 2 and 3 are included as attachments to this chapter.
B.
Screening: Ground-Mounted Systems.
(1)
In addition to meeting setback requirements, an application
for a ground-mounted system located between the front building line
and line parallel to the front facade of the building extended across
the width of the lot to the side yard lines must demonstrate compliance
with the following criterion:
(a)
A reasonable effort has been made by the applicant to locate
and design the ground-mounted system so that it is screened by plantings,
decorative masonry walls, ornamental fences, or other landscape features
appropriate to their surrounding setting of the building and property,
such as to render the system well screened and inconspicuous from
the street.
(2)
In determining whether an application meets the criterion set
forth herein, the Zoning Officer shall consider input from the Planning
Commission, which shall make a recommendation as to the application's
compliance with this criterion.
7.
Height Restrictions.
A.
Notwithstanding the height limitations of the zoning district:
(1)
For a building-mounted system installed on a sloped roof that
faces the front yard of a lot, the supporting structure of the system
must be installed at the same angle as the roof on which it is installed
with a maximum distance, measured perpendicular to the roof, of 18
inches between the roof and highest edge or surface of the system.
This requirement is not meant to prohibit movement or adjustment of
cells, panels, collectors or arrays to maximize solar efficiency.
(2)
For a building-mounted system installed on a sloped roof, the
highest point of the system shall not exceed the highest point of
the roof to which it is attached.
B.
Notwithstanding the height limitations of the zoning district:
(1)
For a building-mounted system installed on a flat roof, the
highest point of the system shall be permitted to extend up to six
feet above the roof to which it is attached.
8.
Screening and Visibility: Building-Mounted Systems.
A.
Building-mounted systems on a sloped roof shall not be required to
be screened.
B.
Building-mounted systems mounted on a flat roof of a building other
than a residential dwelling shall not be visible from the facade within
a fifty-foot radius of the property, exclusive of an alley, at a level
of five feet from the ground, in a similar manner to any other rooftop
HVAC or mechanical equipment. This can be accomplished with architectural
screening such as a building parapet or by setting the system back
from the roof edge in such a manner that the solar PV system is not
visible from the public right-of-way within a fifty-foot radius when
measured at a distance of five feet from the ground.
9.
Impervious Lot Coverage Restrictions.
A.
The surface area of any ground-mounted system, regardless of the
mounted angle of any portion of the system, is considered impervious
surface and shall be calculated as part of the lot coverage limitations
for the zoning district. If the ground-mounted system is mounted above
existing impervious surface, it shall not be calculated as part of
the lot coverage limitations for the zoning district.
10.
Nonconformance.
A.
Building-mounted systems:
(1)
If a building-mounted system is to be installed on any building
or structure that is nonconforming because its height violates the
height restrictions of the zoning district in which it is located,
the building-mounted system shall be permitted so long as the building-mounted
system does not extend above the peak or highest point of the roof
to which it is mounted and so long as it complies with the other provisions
of this section.
(2)
If a building-mounted system is to be installed on a building
or structure on a nonconforming lot that does not meet the minimum
setbacks required and/or exceeds the lot coverage limits for the zoning
district in which it is located, a building-mounted system shall be
permitted so long as there is no expansion of any setback or lot coverage
nonconformity and so long as it complies with the other provisions
of this section.
B.
Ground-mounted systems:
(1)
If a ground-mounted system is to be installed on a lot containing
a structure that is nonconforming because the required minimum setbacks
are exceeded, the proposed system shall be permitted so long as the
system does not encroach into the established setback for the lot.
If a ground-mounted system is to be installed on a lot that is nonconforming
because it violates zoning district requirements other than setbacks,
than a variance must be obtained for the proposed installation.
11.
Signage and/or Graphic Content.
A.
No signage or graphic content may be displayed on the solar PV or
NPV system except the manufacturer's badge, safety information and
equipment specification information. Said information shall be depicted
within an area no more than 36 square inches in size.
13.
Inspection, Safety and Removal.
A.
The Township reserves the right to inspect a solar PV or NPV system
for Building Code or Fire Code compliance and safety.
B.
If upon inspection the Township determines that a Fire Code or Building
Code violation exists, or that the system otherwise poses a safety
hazard to persons or property, the Township may order the property
owner, occupant or system operator to repair or remove the system
within a reasonable time. Such an order shall be in writing, shall
offer the option to repair, shall specify the code violation or safety
hazard found and shall notify the property owner, occupant or system
operator of his or her right to appeal such determination.
C.
If a property owner, occupant or system operator fails to repair
or remove a solar PV or NPV system as ordered, and any appeal rights
have been exhausted, the Township may enter the property, remove the
system and charge the property owner, occupant or system operator
for all costs and expenses of removal, including reasonable attorney's
fees, or pursue other legal action to have the system removed at the
expense of the property owner, occupant or system operator.
D.
In addition to any other available remedies, any unpaid costs resulting
from the Township's removal of a vacated, abandoned or decommissioned
solar PV or NPV system shall constitute a lien upon the property against
which the costs were charged. Legal counsel of the Township shall
institute appropriate action for the recovery of such cost, plus attorney's
fees, including, but not limited to filing of municipal claims pursuant
to 53 P.S. § 7107 et seq., for the cost of such work, 6%
interest per annum, plus a penalty of 5% of the amount due plus attorney's
fees and costs incurred by the Township in connection with the removal
work and the filing of the Township's claim.
14.
Permit Requirements.
A.
Before any construction or installation on any solar PV or NPV system
shall commence, a permit issued by the Township shall be obtained
to document compliance with this section.
15.
Solar NPV System Requirements. A solar nonphotovoltaic (NPV) system
shall meet all height, dimensional, screening and performance and
other requirements applicable herein to PV systems.
[Added by Ord. No. 518, 5/18/2022[1]]
A.
Intent. The intent of this section is to:
(1)
Provide for the managed development of wireless communications
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;
(2)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of collocated wireless communications facilities,
small wireless communications facilities, and tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(3)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, small wireless
communications facilities, and other wireless communications facilities;
(4)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services collocate their wireless communications facilities on existing
infrastructure; and
(5)
Promote the health, safety and welfare of the Township's
residents.
B.
Regulations Applicable to All Wireless Communications Facilities.
The following regulations shall apply to all wireless communications
facilities:
(1)
Standard of Care. All WCFs shall meet or exceed all applicable
standards and provisions of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
wireless communications facilities, the latest National Electrical
Safety Code (NESC), American National Standards Institute (ANSI) Code,
and the structural standards of the American Association of State
Highway and Transportation Officials or any other industry standard
applicable to the structure. In case of conflict, the most stringent
requirements shall prevail. All necessary certifications shall be
obtained by the WCF applicant and provided to the Township.
(2)
Engineer Signature. All plans and drawings included in an application
for a WCF shall contain a seal and signature of a professional engineer,
licensed in the Commonwealth of Pennsylvania.
(3)
Eligible Facilities Requests.
(a)
WCF applicants proposing a modification to an existing WCF shall
be required only to obtain a building permit from the Township Building
Code Official and a zoning permit from the Township Zoning Officer.
In order to be considered for such permit, the WCF applicant must
submit a permit application to the Township Zoning Officer in accordance
with applicable permit policies and procedures. Such permit application
shall clearly state that the proposed modification constitutes an
eligible facilities request pursuant to the requirements of 47 CFR
1.6100. The permit application shall clearly detail all dimensional
changes being made to the WCF and wireless support structure.
(b)
Timing of Approval.
[1]
Within 30 calendar days of receipt of an application for the
modification of an existing WCF, the Township Zoning Officer shall
notify the WCF applicant in writing of any information that may be
required to complete such application.
[2]
Within 60 days of receipt of an application for the modification
of an existing WCF, and subject to applicable tolling procedures as
established by federal law, the Township Zoning Officer shall issue
the required building and zoning permits authorizing construction
of the WCF.
(4)
Wind and Ice. All WCFs shall be designed to withstand the effects
of wind gusts and ice to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
(5)
Aviation Safety. All WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(6)
Public Safety Communications. WCFs shall not interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(7)
Radio Frequency Emissions. A WCF shall not, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant
shall submit proof of compliance with all applicable standards relating
to radio frequency emissions as part of any complete WCF application.
(8)
Noise. WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under state law and
the Township Code, except in emergency situations requiring the use
of a backup generator, where such noise standards may be exceeded
on a temporary basis only as permitted by the Township.
(9)
Substantial Change. Any substantial change to a WCF shall require notice to be provided to the Township Zoning Officer, and shall be treated as an application for a new WCF in accordance with the requirements of this § 27-513.
(10)
Permit Fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a WCF, as
well as related inspection, monitoring, and related costs. Such permit
fees shall be established by the Township fee schedule.
(11)
Indemnification. Each person that owns or operates a WCF shall,
at its sole cost and expense, indemnify, defend and hold harmless
the Township, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that owns or operates a WCF shall defend any
actions or proceedings against the Township in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a WCF. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable
expert fees, court costs and all other costs of indemnification.
(12)
Noncommercial Usage Exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 27-513.
(13)
Abandonment; Removal. In the event that use of a WCF is to be
discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. A WCF not operated for a period of six months shall
be considered abandoned. Discontinued or abandoned WCFs, or portions
of WCFs, shall be removed as follows:
(a)
All abandoned or unused WCFs and related equipment shall be
removed within 90 days of the cessation of operations at the site
or receipt of notice that the WCF has been deemed abandoned by the
Township, unless a time extension is approved by the Township.
(b)
If the WCF or related equipment is not removed within 90 days
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or related equipment may be
removed by the Township and the cost of removal assessed against the
owner of the WCF regardless of the owner's or operator's
intent to operate the WCF in the future.
(c)
Where there are two or more users of a single WCF, this provision
shall not become effective until all users have terminated use of
the WCF for a period of six months.
(14)
Maintenance. The following maintenance requirements shall apply:
(a)
All WCFs shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance, repair or replacement.
(b)
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Township's
residents and in accordance with all applicable Township, state and
federal regulations.
(c)
All maintenance activities shall utilize the best available
technology for preventing failures and accidents.
(15)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this section and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(16)
Timing of Approval. The following table details the applicable
timeframe of approval for each type of WCF application:
|
Type of WCF/Application
|
Notice of Incompleteness
|
Final Decision
|
|---|---|---|
|
Collocated WCF
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
90 total calendar days from receipt of initial application
|
|
Eligible facilities request
|
30 calendar days from receipt of initial application; 10 calendar
days from receipt of supplemental application for subsequent notices
|
60 total calendar days from receipt of initial application
|
|
Small WCF (collocated)
|
10 business days from receipt of initial or supplemental application
|
60 total calendar days from receipt of initial application
|
|
Small WCF (new or replacement wireless support structure)
|
10 business days from receipt of initial or supplemental application
|
90 total calendar days from receipt of initial application
|
|
Tower-based WCF
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
150 total calendar days from receipt of initial application
|
C.
Regulations Applicable to All Collocated Wireless Communications
Facilities. The following regulations shall apply to all collocated
WCFs that do not meet the definition of a small WCF:
(1)
Special Exception Required. Collocated WCFs shall be permitted outside the public rights-of-way in all zoning districts subject to the requirements of this § 27-513.
(2)
Permit Required. Any applicant proposing the construction of
a new collocated WCF, or the modification of an existing collocated
WCF, must obtain a building permit and special exception approval.
(3)
Application Procedures.
(a)
Applications for collocated WCFs shall be submitted to the Township
Zoning Officer. The Township Zoning Officer shall provide all applications
for collocated WCFs to the Township Planning Commission for recommendation
to the Zoning Hearing Board, and the Zoning Hearing Board for review
and decision.
(b)
All applications for collocated WCFs shall include the following
information:
[1]
The name and contact information, including phone number, for
both the WCF applicant and the owner of the proposed collocated WCF.
[2]
A site plan, drawn to scale, showing property boundaries, power
location, total height of the collocated WCF, the entirety of the
structure upon which the collocated WCF will be collocated, and related
equipment locations.
[3]
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the collocated WCF.
[4]
If the collocated WCF is proposed for location on a wireless
support structure that currently supports existing WCFs or other attachments,
the depiction shall show the location and dimensions of all such attachments.
[5]
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the collocated WCF.
[6]
An aerial photograph of the proposed site showing the area within
500 feet of the collocated WCF. The aerial photograph shall identify
all structures within such radius.
[7]
Photo simulations depicting the collocated WCF from at least
three locations near the proposed site. The photo simulations should
reflect the proposed design and location of all equipment associated
with the collocated WCF.
[8]
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed collocated
WCF and wireless support structure are structurally sound and shall
not endanger public health and safety.
[9]
A report by a qualified engineering expert which shows that
the collocated WCF will comply with applicable FCC regulations, including
applicable standards for radio frequency emissions.
[10]
A certificate of insurance as required by § 27-513C(12).
[12]
All application fees required by the Township
as detailed in the Township fee schedule.
(4)
Development Regulations.
(a)
The total height of a collocated WCF and the structure to which
the collocated WCF is attached may not exceed the maximum height permitted
in the underlying zoning district, unless the structure is nonconforming
as provided in Subsection C(7) below.
(b)
If the WCF applicant will locate the related equipment in a
communications equipment building, the communications equipment building
shall comply with the minimum requirements for the underlying zoning
district.
(c)
A security fence with a minimum height of eight feet shall surround
any separate communications equipment building. Vehicular access to
the communications equipment building, if necessary, shall not interfere
with the parking or vehicular circulation on the site for the principal
use.
(5)
Design Regulations.
(a)
Collocated WCFs 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 WCF applicant
shall be subject to the approval of the Township Zoning Hearing Board.
(b)
Collocated WCFs which are mounted to a building or similar structure
may not exceed a height of 10 feet above the roof, parapet or top
of structure.
(c)
The total height of any support structure and mounted WCF shall
not exceed the maximum height permitted in the underlying zoning district,
unless the support structure is nonconforming as provided in Subsection
C(7) below.
(d)
All collocated WCF applicants must submit documentation to the
Township justifying the total height of the collocated WCF. Such documentation
shall be analyzed in the context of such justification on an individual
basis.
(e)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
that is reasonably necessary for their proper functioning.
(6)
Prohibited on Certain Structures. No collocated WCF shall be
located on any residential principal or accessory structure.
(7)
Nonconforming Wireless Support Structures. Collocated WCFs shall
be permitted to collocate upon existing nonconforming wireless support
structures. Collocation of WCFs upon existing wireless support structures
is encouraged even if the wireless support structure is nonconforming
as to use within a zoning district.
(8)
Third-Party Wireless Support Structures. Where a collocated
WCF is proposed for collocation on a wireless support structure that
is not owned by the WCF applicant, the WCF applicant shall present
evidence to the Township Zoning Officer that the owner of the wireless
support structure has authorized collocation of the proposed collocated
WCF.
(9)
Historic Buildings. No collocated WCF may be located within
100 feet of any property, or on a building or structure that is listed
on either the National or Pennsylvania Registers of Historic Places,
or eligible to be so listed, located within a historic district, or
is included in the official historic structures list maintained by
the Township. The Township Zoning Hearing Board may, in its discretion,
waive this prohibition if the WCF applicant can demonstrate that the
proposed location is less visually intrusive than other potential
sites.
(10)
Retention of Experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF at its sole discretion
and, once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these WCF provisions. The WCF applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
(11)
Bond. Prior to the issuance of a permit, the owner of a collocated
WCF 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
$35,000 to assure the faithful performance of the terms and conditions
of this section. 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 section, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
(12)
Insurance. Each person that owns or operates a collocated WCF
shall annually provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the collocated WCF.
D.
Regulations Applicable to All Tower-Based Wireless Communications
Facilities. The following regulations shall apply to all tower-based
wireless communications facilities that do not meet the definition
of a small WCF:
(1)
No tower-based WCF shall be located in, or within 100 feet of, an area in which all utilities are located underground, except as permitted by this § 27-513.
(2)
Tower-based WCFs are permitted outside the public rights-of-way
in the following zoning districts as a special exception, subject
to the requirements of this Chapter:
(a)
RR Rural Residential District.
(b)
CC Community Commercial District.
(c)
CM Commerce/Industrial District.
(d)
M Restricted Light Industrial District.
(e)
MU Mixed-Use District.
[1]
Tower-based WCFs in the MU Mixed-Use District are to be permitted
only on lots with a designated commercial or municipal use.
(f)
NC Neighborhood Commercial District.
(3)
Special Exception Required. Tower-based WCFs are permitted outside the public rights-of-way as a special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 27-513:
(a)
Applications for collocated WCFs shall be submitted to the Township
Zoning Officer. The Township Zoning Officer shall provide all applications
for collocated WCFs to the Township Planning Commission for recommendation
to the Zoning Hearing Board, and the Zoning Hearing Board for review
and decision.
(b)
Upon submission of an application for a tower-based WCF and
the scheduling of the public hearing upon the application, Township
officials shall send via first class mail notice to all owners of
every property within 100 feet of the subject parcel, advising of
the subject matter and date of such hearing. Such notice shall be
sent at least 10 days in advance of any such hearing.
(c)
The special exception application shall include a site plan,
drawn to scale, showing property boundaries, power location, total
height of the tower-based WCF, guy wires and anchors, existing structures,
elevation drawings, typical design of proposed structures, parking,
fences, landscaping and existing uses on adjacent properties.
(d)
The special exception application shall be accompanied by a
description of the type and manufacturer of the proposed transmission/radio
equipment, the frequency range (megahertz band) assigned to the WCF
applicant, the power in watts at which the WCF applicant transmits,
and any relevant related tests conducted by the WCF applicant in determining
the need for the proposed site and installation.
(e)
The special exception application shall include evidence that
a significant gap in wireless coverage or capacity exists in the applicable
area and that the type of WCF being proposed is the least intrusive
means by which to fill that gap in wireless coverage. The existence
or nonexistence of a gap in wireless coverage shall be a factor in
the Zoning Hearing Board's decision on an application for approval
of tower-based WCF.
(f)
Where the tower-based WCF is located on a property that is not
owned by the WCF applicant, the WCF applicant shall present evidence
to the Zoning Hearing Board that the owner of the property has granted
an easement or other property right, if necessary, for the proposed
WCF and any vehicular access that will be provided to the facility.
(g)
The special exception application shall include a written certification
by a structural engineer licensed in the Commonwealth of Pennsylvania
of the proposed WCF's ability to meet the structural standards
offered by either the Electronic Industries Association or the Telecommunication
Industry Association and certify the proper construction of the foundation
and the erection of the structure.
(h)
An application for a new tower-based WCF shall demonstrate that
the proposed tower-based WCF cannot be accommodated on an existing
wireless support structure. Zoning Hearing Board may deny an application
to construct a new tower-based WCF if the WCF applicant has not made
a good-faith effort to mount the antenna(s) on an existing wireless
support structure. The WCF applicant shall demonstrate that it contacted
the owners of all potentially feasible structures, buildings, and
towers within a one-mile radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
[1]
The proposed WCF would exceed the structural capacity of the
existing building, structure or tower, and its reinforcement cannot
be accomplished at a reasonable cost.
[2]
The WCF would cause radio frequency interference with other
existing equipment for that existing building, structure, or tower
and the interference cannot be prevented at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(4)
Development Regulations.
(a)
Tower-based WCFs shall not be located in, or within 100 feet
of, an area in which all utilities are located underground.
(b)
Sole Use on a Lot. A tower-based WCF shall be permitted as a sole use on a lot, provided such WCF conforms to the regulations set forth in Part 5 of this chapter.
(c)
Combined with Another Use. A tower-based WCF may be permitted
on a property with an existing use, except residential, subject to
the following conditions:
[1]
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the WCF.
[2]
Minimum Lot Area. The minimum lot shall comply with the requirements
for the applicable zoning district and shall be the area needed to
accommodate the tower-based WCF and related equipment, any guy wires,
the equipment building, security fence, and applicable screening.
[3]
Minimum Setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district. The minimum setback shall be a distance that is at least
equal to 150% of the height of the tower-based WCF.
(5)
Design Regulations.
(a)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Township justifying the total height of the structure. The
maximum total height of any tower-based WCF which is not located in
the public ROW shall not exceed 150 feet, which height shall include
all subsequent additions or alterations. Communications equipment
buildings, cabinets, and accessory structures shall not exceed 15
feet in height.
(b)
Visual Appearance and Land Use Compatibility.
[1]
Tower-based WCFs shall employ stealth technology which may include
the wireless support structure being painted a certain color as approved
by Zoning Hearing Board or utilizing a galvanized finish.
[2]
Tower-based WCFs shall be designed in a manner that minimizes
visual intrusiveness and environmental impacts to the maximum extent
feasible. For example, monopole designs are preferred over lattice
designs.
[3]
The Zoning Hearing Board shall consider whether its decision
upon the subject application will promote the harmonious and orderly
development of the zoning district involved; encourage compatibility
with the character and type of development existing in the area; prevent
a negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
(c)
Anti-Climbing Device. If deemed necessary by the Zoning Hearing
Board, a tower-based WCF shall be equipped with an anti-climbing device,
as approved by the manufacturer.
(d)
Minimum Setbacks. The minimum distance between the base of a
tower-based WCF and any adjoining property line or street right-of-way
line shall equal 100% of the proposed height of the tower-based WCF
or the applicable principal building setback, whichever is greater.
(6)
Surrounding Environs.
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF shall be preserved
to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to Zoning Hearing
Board complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/TIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(7)
Fence/Screen.
(a)
A security fence having a minimum height of eight feet shall
completely surround any tower-based WCF, as well as guy wires, or
any communications equipment building.
(b)
A screen of evergreen trees planted eight feet on center and
staggered in two rows shall be located along the perimeter of the
security fence surrounding any tower-based WCF. Existing vegetation
shall be preserved to the maximum extent possible.
(8)
Related Equipment.
(a)
Ground-mounted related equipment greater than three cubic feet,
such as cabinets and communications equipment buildings, shall not
be located within 50 feet of a lot in residential use or zoned residential.
(b)
Related equipment associated with a tower-based WCF shall be
placed underground or screened from public view using stealth technology.
All ground-mounted related equipment and communications equipment
buildings shall be architecturally designed to be concealed from public
view to the maximum extent possible and be compatible with the architecture
of surrounding buildings, structures or landscape.
(9)
Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other service providers to collocate WCFs on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional WCFs without complying with the applicable requirements of this § 27-513.
(10)
Access Road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to a tower-based
WCF. 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. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility.
(11)
FCC License. Each person that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(12)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC, or any other federal or
state agency.
(13)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the WCF applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
(14)
Storage. The storage of unused equipment, materials or supplies
is prohibited on any tower-based WCF site.
(15)
Repair of Nonconforming Tower-Based WCF. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this § 27-513.
(16)
Retention of Experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF at its sole discretion
and, once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these WCF provisions. The WCF applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
(17)
Insurance. Each person that owns or operates a tower-based WCF
shall provide the Township Zoning Officer with a certificate of insurance
evidencing general liability coverage in the minimum amount of $5,000,000
per occurrence and property damage coverage in the minimum amount
of $5,000,000 per occurrence covering the tower-based WCF.
(18)
Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW 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 $100,000 to assure the faithful performance of the terms and conditions of this section. 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 section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township. Such bond shall remain in place until such time as the tower-based WCF is removed in accordance with the requirements of § 27-513B(13).
E.
Regulations Applicable to All Small Wireless Communications Facilities.
The following regulations shall apply to small wireless communications
facilities:
(1)
(2)
Application Procedures.
(a)
Applications for small WCFs shall be submitted to the Township
Zoning Officer.
(b)
Applications for small WCFs shall include the following:
[1]
A cover letter detailing the location of the proposed site,
all equipment being proposed as part of the small WCF, and a certification
that the WCF applicant has included all information required by the
Township Code, signed by a representative of the WCF applicant.
[2]
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the small WCF.
[a]
If the small WCF is proposed for location on an
existing or replacement wireless support structure that currently
supports existing attachments, the depiction shall show the location
and dimensions of all such attachments.
[b]
If installation of a new or replacement wireless
support structure is being proposed, the depiction shall include the
color, dimensions, material and type of wireless support structure
proposed.
[3]
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the small WCF.
[4]
An aerial photograph of the proposed site showing the area within
500 feet of the small WCF. The aerial photograph shall identify all
structures within such radius.
[5]
Photo simulations depicting the small WCF from at least three
locations near the proposed site. The photo simulations should reflect
the proposed design and location of all equipment associated with
the small WCF.
[6]
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed small
WCF and wireless support structure are structurally sound and shall
not endanger public health and safety.
[7]
A report by a qualified engineering expert which shows that
the small WCF will comply with applicable FCC regulations, including
applicable standards for radio frequency emissions.
[8]
A certificate of insurance as required by § 27-513E(12).
[10]
All application fees required by the Township
as detailed in the Township fee schedule.
(c)
Resubmission Upon Denial.
[1]
If the Township denies an application for a small WCF, the Township
shall provide the WCF applicant with written documentation of the
basis for denial, including the specific provisions of the Township
Code on which the denial was based, within five business days of the
denial.
[2]
The WCF applicant may cure the deficiencies identified by the
Township and resubmit the application within 30 days of receiving
the written basis for the denial without being required to pay an
additional application fee. The Township shall approve or deny the
revised application within 30 days of the application being resubmitted
for review.
(d)
Consolidated Applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 27-513B(16) be extended by 15 days.
(3)
Location and Development Standards.
(a)
Small WCFs in the public ROW requiring the installation of a
new wireless support structure shall not be located in front of any
building entrance or exit.
(b)
All small WCFs shall comply with the applicable requirements
of the Americans with Disabilities Act and all Township Code requirements
applicable to streets and sidewalks.
(4)
Time, Place and Manner. Once approved, the Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
(5)
Obstruction. Small WCFs and related equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW as
determined by the Township.
(6)
Graffiti. Any graffiti on a small WCF, including the wireless
support structure and any related equipment, shall be removed at the
sole expense of the owner within 10 calendar days of notification
by the Township.
(7)
Design Standards. All small WCFs in the Township shall comply
with the requirements of the Township Small Wireless Communications
Facility Design Manual, which shall be adopted, and may be amended
from time to time, by resolution of the Board of Supervisors. A copy
of such shall be kept on file at the Township Department of Building
and Zoning.
(8)
Obsolete Equipment. As part of the construction, modification
or replacement of a small WCF, the WCF applicant shall remove any
obsolete or abandoned equipment from the wireless support structure.
(9)
Relocation or Removal of Facilities. Within 90 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small WCF in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any WCF when the Township, consistent with its
police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency that constitutes a clear and immediate danger to
the health, welfare, or safety of the public as determined by the
Township.
(10)
Time Limit for Completion of Construction. The proposed collocation,
the modification or replacement of a wireless support structure or
the installation of a new wireless support structure with small WCF
attached for which a permit is granted under this section shall be
completed within one year of the permit issuance date unless the Township
and the WCF applicant agree in writing to extend the period.
(11)
Reimbursement for ROW Use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Township's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Township. The owner of each small WCF
shall pay an annual fee to the Township to compensate the Township
for the Township's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
(12)
Insurance. Each person that owns or operates a small WCF shall
annually provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the small WCF.
[1]
Editor's Note: This ordinance also repealed former § 27-513,
Wireless Communications Facilities, added by Ord. 482, 11/18/2015.
[Added by Ord. 493, 5/17/2017]
A medical marijuana dispensary may not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center.
