Nothing herein contained shall be construed to render inoperative
any enforceable restriction established by covenants running with
the land, and which restrictions are not prohibited by or are not
contrary to the regulations herein established.
No lot shall be so reduced that the area of the lot or the dimensions
of the required open spaces shall be less than herein prescribed by
this chapter.
On any lot, no wall, fence, or other structure shall be erected,
altered or maintained and no hedge, tree, shrub, or other growth shall
be planted or maintained which will interfere with or obstruct vehicular
or pedestrian vision at any intersection of streets or any street
and crosswalk measured along the street center lines a distance of
75 feet from the intersection of streets.
The Zoning Hearing Board may allow as a special exception the
conversion of an existing single-family dwelling into a dwelling for
a greater number of families than is permitted under the zoning district
regulations, subject to the following requirements:
A.
A petition in favor of such exception is filed with the Zoning Hearing
Board, and a public hearing with all residents with frontage on the
same street within 500 feet of the designated lot.
B.
The lot area per family shall not be reduced to less than 2000 square
feet, but not less 75% of that required by this chapter for the district
in which the designated lot is located.
C.
The yard and building area requirements for the district in which
the building is located shall not be reduced.
D.
No major structural alteration of the building exterior shall be
made except as may be necessary for purposes of life and safety, and
as required by the Zoning Hearing Board.
E.
The Zoning Hearing Board shall specify the maximum number of families
permitted to occupy such building and may prescribe such further conditions
and restrictions as the Board may consider appropriate.
F.
The off-street parking requirements of this chapter for Use G-1b,
or any other arrangements as deemed appropriate by the Zoning Hearing
Board, are met.
G.
The conversion shall be authorized only for a large dwelling with
relatively little economic value or usefulness as a conforming use
or for any other arrangement with the intent and purpose of this chapter
which may be deemed appropriate by the Zoning Hearing Board.
Each and every lot shall abut a public street for a width of
not less than the required lot width established by each zoning district
or at least 50 feet at the right-of-way line, whichever is less.
All new development and conversions shall be required to connect
to public sewer and water, and provide the necessary infrastructure
to do so.
No structure and no part of a structure shall be erected within
or shall project into any required yard in any district, except that:
A.
An unenclosed porch, not more than 14 feet in height, may be erected
to extend into a required front or rear yard a distance of not more
than 10 feet, provided that in no case shall it extend into such front
or rear yard more than 1/2 of the required depth of the yard.
B.
A terrace, platform, or landing place, not covered by a roof, canopy
or trellis, which does not extend above the level of the first floor
of the building, may be erected to extend into a required yard a distance
of not more than 12 feet, provided that it shall not extend into such
yard more than 40% of the required depth or width of the yard.
C.
A port cochere or carport may be erected over a driveway in a required
side yard, provided that such structure is:
D.
A buttress, chimney, cornice, pier, pilaster, eave or gutter of a
building may project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows and balconies may
project not more than three feet into a required yard.
A.
Requirements. Regardless of the proposed land usage, any land area
to be owned or managed by an association, residents' group, individual
or any other organization shall first require the specific approval
and execution of required agreements by the Borough Council.
B.
Purpose. The purpose of the agreements shall be to insure that all
common use areas, including but not limited to parking, streets, open
space and recreation, retention basins and utility services, shall
be adequately protected and to release the Borough from any responsibility
for such areas except as may have been agreed to.
C.
Preliminary plan.
D.
Final plan.
1.
For common land areas proposed for ownership other than by an individual
or the Borough, the applicant shall, at the submission of the final
plan, present documents creating and governing a property owners'
organization and containing a declaration of covenants, restrictions,
easements, charges and liens deemed necessary to own, manage and maintain
the common land areas and any associated recreation facilities. All
documents and terms relating to the association, organization or articles
of incorporation shall be subject to the approval of the Borough Solicitor.
2.
The documents shall contain, as a minimum, the following essential
provisions:
a.
Powers and duties in maintaining and administering common land
areas.
b.
Membership and voting rights.
c.
Establishment of bond as required by Chapter 147, Subdivision and Land Development, of the Code of the Borough of Schwenksville, to guarantee the initial construction and installation of all recreation facilities within the open space areas.
d.
Rights and duties of the Borough of Schwenksville, members of
the organization and other residents of any proposed development in
the event of nonpayment or failure to perform. In any breach of covenant
or restriction, or failure to maintain the common land areas in reasonable
order or condition, the duly constituted organization, the Borough,
and any other parties of interest shall be guided by the provisions
of Section 705(d) of the Pennsylvania Municipalities Planning Code.
Editor's Note: See 53 P.S. § 10705(d).
e.
The recording of any deed along with restrictions, and plan
of common land areas identifying the improvements thereon, shall be
executed by or on behalf of the interested parties before the sale
of any land or the issuance of building permits.
The permanent removal of topsoil from any parcel of land within
the Borough shall be prohibited, except as follows:
A.
During actual construction of premises, that portion of the topsoil
present which covers an area to be occupied by permanent structures
or permanently located materials of an impervious nature may be considered
excess and may be removed by the owner.
B.
During regrading operations conducted upon premises, whether or not
carried on in conjunction with on-site construction, excess topsoil
remaining after restoring proper topsoil cover to the areas of the
parcel upon which regrading operations were conducted may be removed
by the owner.
All buildings and structures shall comply with the building,
electrical and plumbing codes and any amendments thereto of the Borough
of Schwenksville.
A.
All driveways shall be set back a minimum of four feet from the side
and rear lot lines in all districts.
B.
For driveways in all single-family residential districts (R1 and
R2 Districts), and for single-family residential uses in all other
districts, the following standards shall apply:
C.
Driveways shall be constructed of a permanent paving material, which
shall not include gravel or crushed stone, and shall be constructed
to a sufficient length which permits the minimum parking spaces required
to be located outside of the front-yard area of residential properties.
The minimum living space as provided in this chapter shall not
be less than 750 square feet for a single-family detached dwelling.
A.
General and specific requirements for non-tower wireless communications
facilities.
1.
The following regulations shall apply to all non-tower WCFs:
a.
Permitted in all zones subject to regulations. Non-tower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to applicable permitting by the Borough.
b.
Nonconforming wireless support structures. Non-tower WCFs shall
be permitted to co-locate upon nonconforming tower-based WCFs and
other nonconforming structures. Co-location of WCFs upon existing
tower-based WCFs is encouraged even if the tower-based WCF is nonconforming
as to use within a zoning district.
c.
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Borough.
d.
Wind and ice. All non-tower WCF structures 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/EIA/TIA-222, as amended).
e.
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
f.
Public safety communications. Non-tower 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.
g.
Radio frequency emissions. A non-tower 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.
h.
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Borough of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs, or portions of WCFs, shall be removed as
follows:
I.
All abandoned or unused WCFs and accessory facilities shall
be removed within 60 days of the cessation of operations at the site
unless a time extension is approved by the Borough.
II.
If the WCF or accessory facility is not removed within 60 days
of the cessation of operations at a site, or within any longer period
approved by the Borough, the WCF and/or associated facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF.
i.
Insurance. Each person that owns or operates a non-tower WCF
shall provide the Borough with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the non-tower WCF.
j.
Indemnification. Each person that owns or operates a non-tower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Borough, 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 non-tower WCF. Each person that owns or operates
a non-tower WCF shall defend any actions or proceedings against the
Borough 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 non-tower 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.
k.
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
I.
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
II.
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Borough's
residents.
III.
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
2.
The following regulations shall apply to all co-located non-tower
WCFs, that do not substantially change the physical dimensions of
the wireless support structure to which they are attached, and/or
fall under the Pennsylvania Wireless Broadband Collocation Act:
a.
Building permit required. WCF applicants proposing the modification
of an existing tower-based WCF shall obtain a building permit from
the Borough. In order to be considered for such permit, the WCF applicant
must submit a permit application to the Borough in accordance with
applicable permit policies and procedures.
b.
Timing of approval for applications that fall under the WBCA.
Within 30 calendar days of the date that an application for a non-tower
WCF is filed with the Borough, the Borough shall notify the WCF applicant
in writing of any information that may be required to complete such
application. Within 60 calendar days of receipt of a complete application,
the Borough shall make its final decision on whether to approve the
application and shall advise the WCF applicant in writing of such
decision. If additional information was requested by the Borough to
complete an application, the time required by the WCF applicant to
provide the information shall not be counted toward the Borough's
sixty-day review period. The timing requirements in this section shall
only apply to proposed facilities that fall under the Pennsylvania
Wireless Broadband Collocation Act.
c.
Accessory equipment. Ground-mounted accessory equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
d.
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF or
$1,000, whichever is less.
3.
The following regulations shall apply to all non-tower WCFs that
do substantially change the wireless support structure to which they
are attached, or that otherwise do not fall under the Pennsylvania
Wireless Broadband Collocation Act:
a.
Noncommercial usage exemption. Borough residents utilizing satellite
dishes, citizen and/or band radios, and antennas for the purpose of
maintaining television, phone, and/or Internet connections at their
respective residences shall be exempt from the regulations enumerated
in this section.
b.
Prohibited on certain structures. No non-tower WCF shall be
located on single-family detached residences, single-family attached
residences, twin-homes, duplexes, or any residential accessory structure.
c.
Conditional use authorization required. Any WCF applicant proposing
the construction of a new non-tower WCF, or the modification of an
existing non-tower WCF, shall first obtain a conditional use authorization
from the Borough. New constructions, modifications, and replacements
that do fall under the WBCA shall not be subject to the conditional
use process. The conditional use application shall demonstrate that
the proposed facility complies with all applicable provisions in the
Schwenksville Borough Zoning Ordinance.
d.
Historic structures. No non-tower WCF may be located upon any
property, or on a building or structure, that is listed on either
the National or Pennsylvania Registers of Historic Places, or is listed
on the official historic structures and/or historic districts list
maintained by the Borough, has been designated by the Borough to be
of historical significance, or was included in the 2012 historical
survey completed by the Borough.
e.
Retention of experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist the Borough in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these WCF provisions. The WCF applicant and/or owner
of the WCF shall reimburse the Borough for all costs of the Borough's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
f.
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs.
g.
Development regulations. Non-tower WCFs shall be located or
co-located on existing wireless support structures, such as existing
buildings or tower-based WCFs, subject to the following conditions:
I.
The total height of any wireless support structure and mounted
WCF shall not exceed 20 feet above the maximum height permitted in
the underlying zoning district.
II.
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Borough justifying the total height
of the non-tower WCF. Such documentation shall be analyzed on an individual
basis.
III.
If the WCF applicant proposes to locate the accessory
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
IV.
A security fence of not less than six feet and not more than
eight feet shall surround any separate communications equipment building.
Vehicular access to the communications equipment building shall not
interfere with the parking or vehicular circulations on the site for
the principal use.
h.
Design regulations. Non-tower WCFs shall employ stealth technology
and be treated to match the wireless support 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
Borough.
i.
Removal, replacement and modification.
I.
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not substantially change the
overall size of the WCF or the number of antennas.
II.
Any material modification to a WCF shall require notice to be
provided to the Borough, and possible supplemental permit approval
to the original permit or authorization.
j.
Inspection. The Borough reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance and
any other provisions found within the Borough Code or state or federal
law. The Borough 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.
B.
Regulations Applicable to all non-tower WCFs located in the public
rights-of-way. In addition to the applicable non-tower WCF provisions
listed in § 176-147(A)(1), the following regulations shall
apply to non-tower WCFs located in the public rights-of-way:
1.
Location. Non-tower WCFs in the ROW shall be located or co-located
on existing poles, such as existing utility poles, light poles, or
traffic lights. If co-location is not technologically feasible, the
WCF applicant shall locate its non-tower WCF on existing poles or
freestanding structures that do not already act as wireless support
structures with the Borough's approval.
2.
Design requirements.
a.
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
b.
Antennas and accessory equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
3.
Time, place and manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Borough and the requirements of the
Public Utility Code.
4.
Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Borough. In addition:
a.
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb
or within an easement extending onto a privately owned lot;
b.
Ground-mounted accessory equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Borough.
c.
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
d.
Any graffiti on any wireless support structures or any accessory
equipment shall be removed at the sole expense of the owner.
e.
Any proposed underground vault related to non-tower WCFs shall
be reviewed and approved by the Borough.
f.
Accessory equipment attached to the wireless support structure
shall have 12 feet of vertical clearance above finished grade.
5.
Relocation or removal of facilities. Within 60 days following written
notice from the Borough, or such longer period as the Borough determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Borough, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
a.
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
b.
The operations of the Borough or other governmental entity in
the right-of-way;
c.
Vacation of a street or road or the release of a utility easement;
or
d.
An emergency as determined by the Borough.
C.
General and specific requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities.
1.
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Borough.
2.
Notice. Upon submission of an application for a tower-based WCF and
the scheduling of the public hearing upon the application, the WCF
applicant shall mail notice to all owners of every property within
500 feet of the proposed facility. The WCF applicant shall provide
proof of the notification to the Borough.
3.
Conditional use authorization required. Tower-based WCFs are permitted
in certain zoning districts by conditional use and at a height necessary
to satisfy their function in the WCF applicant's wireless communications
system. No WCF applicant shall have the right under these regulations
to erect a tower to the maximum height specified in this section unless
it proves the necessity for such height. The WCF applicant shall demonstrate
that the antenna/tower/pole for the tower-based WCF is the minimum
height necessary for the service area.
a.
Prior to Council's approval of a conditional use authorizing
the construction and installation of a tower-based WCF, it shall be
incumbent upon the WCF applicant for such conditional use approval
to prove to the reasonable satisfaction of Council that the WCF applicant
cannot adequately extend or infill its communications system by the
use of equipment such as redoes, repeaters, antenna(s) and other similar
equipment installed on existing structures, such as utility poles
or their appurtenances and other available structures. The WCF applicant
shall further demonstrate that the proposed tower-based WCF must be
located where it is proposed in order to serve the WCF applicant's
service area and that no other viable alternative location exists.
b.
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, 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.
c.
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
d.
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to the
Council that the owner of the property has granted an easement for
the proposed WCF and that vehicular access will be provided to the
facility.
e.
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all applicable provisions of this chapter.
4.
Engineer inspection. Prior to the Borough's issuance of a permit
authorizing construction and erection of a tower-based WCF, a structural
engineer registered in Pennsylvania shall issue to the Borough a written
certification 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.
This certification shall be provided during the conditional hearings
or at a minimum be made as a condition attached to any approval given
such that the certification be provided prior to issuance of any building
permits.
5.
Visual appearance and land use compatibility. Tower-based WCFs shall
employ stealth technology which may include the tower portion to be
painted silver or another color approved by the Council, or shall
have a galvanized finish. All tower-based WCFs and accessory equipment
shall be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade to blend with
the existing surroundings and neighboring buildings to the greatest
extent possible. The Council 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; benefit neighboring
properties by preventing 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.
6.
Co-location and siting. An application for a new tower-based WCF
shall demonstrate that the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building, or sited on land
owned and maintained by the Borough. The Council 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 commercial communications antenna(s)
on an existing structure. The WCF applicant shall demonstrate that
it contacted the owners of tall structures, buildings, and towers
within a one-quarter-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:
a.
The proposed antenna and accessory equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
b.
The proposed antenna and accessory equipment 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.
c.
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.
d.
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
7.
Permit required for modifications. To the extent permissible under
applicable state and federal law, any WCF applicant proposing the
modification of an existing tower-based WCF, which increases the overall
height of such WCF, shall first obtain a permit from the Borough.
To the extent permissible under law, nonroutine modifications shall
be prohibited without a permit.
8.
Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate
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 or capacity
shall be a factor in the Borough's decision on an application for
approval of a tower-based WCF.
9.
Additional antennas. As a condition of approval for all tower-based
WCFs the WCF applicant shall provide the Borough with a written commitment
that it will allow other service providers to co-locate antennas on
tower-based WCFs 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 antennas without obtaining the
prior written approval of the Borough.
10.
Wind and ice. Any tower-based WCF structures 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/EIA/TIA-222), as amended.
11.
Height. Any tower-based WCF shall be designed at the minimum
functional height. The maximum total height of a tower-based WCF,
which is not located in the public ROW, shall not exceed 150 feet,
as measured vertically from the ground level to the highest point
on the structure, including antennas and subsequent alterations.
12.
Accessory equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing commercial
communications antenna(e) space on the tower-based wireless communications
facility greater than 40 feet.
13.
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
14.
Maintenance. The following maintenance requirements shall apply:
a.
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
b.
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Borough's
residents, and utilize the best available technology for preventing
failures and accidents.
15.
Radio frequency emissions. A tower-based 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.
16.
Historic structures or districts. A tower-based WCF shall not
be located upon a property, and/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, or is included in the official
historic structures and/or historic districts list maintained by the
Borough or included in the 2012 historical buildings survey performed
by the Borough.
17.
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.
18.
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 Borough Secretary.
19.
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Borough Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
20.
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
21.
Retention of experts. The Borough may hire any consultant and/or
expert necessary to assist the Borough in reviewing and evaluating
the application for approval of the tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these provisions. The WCF applicant and/or owner
of the WCF shall reimburse the Borough for all costs of the Borough's
consultant(s) in providing expert evaluation and consultation regarding
these activities.
22.
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Borough, the
Borough shall notify the WCF applicant in writing of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Borough shall advise the WCF applicant in writing of
its decision. If additional information was requested by the Borough
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the one-hundred-fifty-day
review period.
23.
Nonconforming uses. 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 section. The co-location of antennas
is permitted on nonconforming structures.
24.
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Borough of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
a.
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within 90 days of the cessation of operations at
the site unless a time extension is approved by the Borough.
b.
If the WCF and/or accessory facility is not removed within 90
days of the cessation of operations at a site, or within any longer
period approved by the Borough, the WCF and accessory facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF.
c.
Any unused portions of a tower-based WCF, including antennas,
shall be removed within 90 days of the time of cessation of operations.
The Borough must approve all replacements of portions of a tower-based
WCF previously removed.
25.
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring, and related costs.
26.
FCC license. Each person that owns or operates a tower-based
WCF over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
27.
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Borough 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. Each person that owns or operates a tower-based WCF 40 feet or
less in height shall provide the Borough with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
28.
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Borough, 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 tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Borough 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 tower-based 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.
29.
Engineer signature. All plans and drawings for a tower-based
WCF shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
30.
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Borough financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
D.
Tower-based wireless communications facilities outside the public
rights-of-way. The following regulations shall apply to tower-based
wireless communications facilities located outside the public rights-of-way:
1.
Development regulations.
a.
Tower-based WCFs shall not be located in, or within 50 feet
of, an area in which utilities are primarily located underground.
b.
Tower-based WCFs are permitted outside the public rights-of-way
in the following zoning districts by conditional use, subject to the
above prohibition:
I.
R-1 Residential District.
c.
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot is a minimum of
one acre. 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 WCF structure's height.
d.
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
I.
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the WCF.
II.
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting if the proposed WCF is greater than 40
feet in height.
III.
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 50% of the proposed WCF structure height
or the minimum setback of the underlying zoning district, whichever
is greater. Where the site on which a tower-based WCF is proposed
to be located is contiguous to an educational use, child day-care
facility or residential use, the minimum distance between the base
of a tower-based WCF and any such adjoining uses shall equal 110%
of the proposed height of the tower-based WCF unless it is demonstrated
to the reasonable satisfaction of Council that in the event of failure
the WCF is designed to collapse upon itself within a setback area
less than the required minimum setback without endangering such adjoining
uses and their occupants.
2.
Design regulations.
a.
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough.
b.
To the extent permissible by law, any height extensions to an
existing tower-based WCF shall require prior approval of the Borough.
c.
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
d.
Any tower-based WCF over 40 feet in height shall be equipped
with an anti-climbing device, as approved by the manufacturer.
3.
Surrounding environs.
a.
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
b.
The WCF applicant shall submit a soil report to the Borough
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA/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.
4.
Fence/screen.
a.
A security fence having a minimum height of six feet and a maximum
height of eight feet shall completely surround any tower-based WCF
greater than 40 feet in height, as well as guy wires, or any building
housing WCF equipment.
b.
The landscaping shall consist of a screen of evergreen trees
planted eight feet on center, each at least four feet in height, and
staggered in two rows, located along the perimeter of the security
fence. Existing vegetation shall be preserved to the maximum extent
possible.
5.
Accessory equipment.
a.
Ground-mounted accessory equipment associated, or connected,
with a tower-based WCF shall be placed underground or screened from
public view using stealth technologies, as described above.
b.
All accessory equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
6.
Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to tower-based
WCFs. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. 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 Borough that the property owner has granted an easement for
the proposed facility.
7.
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
8.
Inspection. The Borough reserves the right to inspect any tower-based
WCF to ensure compliance with the Zoning Ordinance and any other provisions
found within the Borough Code or state or federal law. The Borough
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.
E.
Tower-based wireless communications facilities in the public rights-of-way.
The following regulations shall apply to tower-based wireless communications
facilities located in the public rights-of-way:
1.
Location and development standards.
a.
Tower-based WCFs in the public ROW shall not exceed 40 feet
in height.
b.
Tower-based WCFs are prohibited in areas in which utilities
are located underground.
c.
Tower-based WCFs shall not be located in the front yard area
of any structure.
d.
Tower-based WCFs shall be permitted along certain collector
roads and arterial roads throughout the Borough, regardless of the
underlying zoning district. A map of such permitted roads is kept
on file at the Borough Zoning Office.
e.
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough.
f.
To the extent permissible under state and federal law, any height
extensions to an existing tower-based WCF shall require prior approval
of the Borough, and shall not increase the overall height of the tower-based
WCF to more than 40 feet.
g.
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
2.
Time, Place and Manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all tower-based WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Borough and the requirements of the
Public Utility Code.
3.
Equipment location. Tower-based WCF and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Borough. In addition:
a.
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb.
b.
Ground-mounted accessory equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Borough.
c.
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
d.
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner.
e.
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Borough.
4.
Relocation or removal of facilities. Within 90 days following written
notice from the Borough, or such longer period as the Borough determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a tower-based WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Borough, 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
Borough or other public improvement in the right-of-way;
b.
The operations of the Borough or other governmental entity in
the right-of-way;
c.
Vacation of a street or road or the release of a utility easement;
or
d.
An emergency as determined by the Borough.
5.
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower-based WCF in the ROW is subject to the
Borough'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 Borough'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 Borough. The owner of each
tower-based WCF shall pay an annual fee to the Borough to compensate
the Borough for the Borough's costs incurred in connection with the
activities described above.
A.
Intent. A transportation impact study (TIS) is intended to enable
the Borough to assess the transportation impacts of a proposed development
or redevelopment. Specifically, its purpose is to:
1.
Ensure a safe and efficient transportation network for all users,
including transit users, pedestrians and bicyclists.
2.
Identify any transportation problems that may be created in the existing
transportation system as a result of the proposed development.
3.
Identify solutions to potential problems and to present mitigation
improvements to be incorporated into the proposal or into the transportation
systems within the study area.
4.
Assist in the protection of air quality and the conservation of energy
and to encourage the use of alternative transportation modes where
available.
5.
Ensure that TIS submissions to the Borough are consistent with the
Pennsylvania Department of Transportation (PennDOT) "Policies and
Procedures for Transportation Impact Studies" last revised November
25, 2013, or subsequent revisions. (Transportation Impact Study Guidelines
Strike-Off-Letter 470-0904 and Transportation Impact Study Related
Highway Occupancy Permits Strike-Off-Letter 494-13-13, or as amended.)
B.
ALTERNATIVE TRANSPORTATION MODES
CAPACITY ANALYSIS
HIGHWAY OCCUPANCY PERMIT (HOP)
LEVEL OF SERVICE
MAJOR INTERSECTION
OFF-SITE TRANSPORTATION IMPROVEMENTS
ON-SITE TRANSPORTATION IMPROVEMENTS
PUBLIC TRANSIT
ROUNDABOUT
SCOPING MEETING
STUDY AREA
1.
2.
TRANSPORTATION IMPACT STUDY or TRAFFIC IMPACT STUDY (TIS)
TRIP
TRIP GENERATION RATES
WARRANTS FOR TRAFFIC SIGNAL INSTALLATION
Transportation-related Definitions. As used in this section, the
following terms shall have the meanings indicated:
Those modes of moving people or goods that do not require
a single-occupancy motorized vehicle, generally including bicycles,
pedestrian facilities and transit systems such as buses, trains, trolleys,
etc.
Intersection approach capacity is the maximum rate of vehicular
flow that can pass through an intersection under prevailing roadway,
traffic, and signalization conditions. The analysis compares the actual
or projected traffic volume to the intersection capacity and results
in a volume/capacity (v/c) ratio.
The Pennsylvania Department of Transportation (PennDOT) regulations
governing the access and occupancy of State highway, per Title 67
PA Code 441, Access To and Occupancy of Highways by Driveways and
Local Roads. PennDOT has regulatory authority to ensure the location
and design of access driveways and local roads to state highway rights-of-way
in order to preserve safe and reasonable access. Montgomery County
(County) also has regulatory authority over certain roadways within
the County and has established criteria for HOP applications.
Level of Service (LOS), as described in the current Transportation
Research Board's Highway Capacity Manual, is a qualitative measure
of the operational conditions within a traffic stream and their perceptions
by motorists. Six levels of service (A through F) are defined for
each type of facility, with LOS "A" representing the least congested
operating conditions and LOS "F" representing a breakdown in operating
conditions. Levels of service are defined in terms of average delay
per vehicle for signalized and unsignalized intersections. "Level
of Service drops" are those future conditions that result in a negative
change in intersection or approach lane Level of Service, i.e. LOS
D changes to LOS E in future conditions.
The intersection of any arterial or collector street with
any other arterial or collector street as defined by PennDOT's Functional
Classification Map, the municipal highway classification document
or the equivalent document of adjacent municipalities, where appropriate.
Transportation-related improvements which are generally not
contiguous with the property being developed and not required as an
on-site improvement but are found by the TIS analysis to be necessary,
partly or wholly, as a result of the proposed development.
All improvements on or adjacent to the development site in
the public right-of-way required to be constructed by the owner/developer
pursuant to any ordinance, resolution or requirement of the Borough
and the PennDOT or County Highway Occupancy Permit (if applicable).
The Southeastern Pennsylvania Transportation Authority (SEPTA)
is the provider of most public transit services throughout Montgomery
County. Other local public transit providers operate in some communities.
An circular intersection design, per NCHRP Report 672, Roundabouts,
An Informational Guide, Second Edition, or as amended, that may be
considered as an alternative to new or expanded signalized intersections.
A meeting with PennDOT may be required to determine the parameters
of the transportation impact study required for a PennDOT Highway
Occupancy Permit (HOP). A municipal scoping meeting will also be required
prior to the commencement of the TIS to coordinate agreement on municipal
conditions and expectations. County officials will also need to be
involved whenever a county-owned roadway will be included in the TIS.
The study area shall be defined at the Municipal/PennDOT
scoping meeting but, at a minimum, shall include all development site
access locations, any intersections immediately adjacent to the development
property as well as all major intersections within 1/2 mile of all
development access locations. Additional intersections may be added
per the scoping meeting. The study area should also identify all transit
routes and transit stops within 1/2 mile of the proposed development
and the location of sidewalks and pedestrian crossings.
Proposals that will generate more than 1,000 new average daily
trips shall expand the study area to include major intersections within
one-mile of the development access locations.
All intersections identified in the study area should be examined,
even if the intersections are located outside of the Borough. (Municipalities
cannot request improvements for study intersections beyond the municipal
border; only PennDOT has this authority.)
A study of the transportation network and conditions surrounding
a proposed change or expansion of land uses, conducted to identify
the transportation impacts of the proposed land use change or expansion
and any possible mitigations needed to offset those impacts.
A one way trip into or out of the site, and not what is commonly
referred to as a "roundtrip."
The total number of trips to and from a study site per unit
of land use, as measured by parameters like dwelling units, floor
area or acres. The most current edition of the Institute of Transportation
Engineers (ITE) "Trip Generation Manual" shall be referenced to determine
the specific rates.
A series of tests which identify the minimum vehicular traffic
or pedestrian volumes or other criteria necessary for installation
of a traffic signal. The warrant criterions are available in the current
and PennDOT approved Manual of Uniform Traffic Control Devices, Or
PennDOT's Traffic Engineering Manual (Publication 46).
C.
Preparation of Study. The transportation impact study shall be prepared
by a qualified traffic engineer and/or transportation planner with
the cost borne by the applicant. The procedures and standards for
the transportation impact study are set forth below.
D.
Municipal Scoping Meeting. A Municipal Scoping Meeting may be required
to ensure that the parameters used in the TIS accurately reflect municipal
conditions and expectations. The applicant should confirm the need
for a municipal scoping meeting prior to submission. The Scoping Meeting
will address the number and locations of proposed access points, project
schedule and phasing, study area and additional intersections to be
included in the analysis, specific ITE Trip Generation land use codes,
pass-by volumes, modal splits, any trip adjustments to be used, and
other area developments and programmed roadway improvements to be
included in the future conditions analysis as well as potential opportunities
to implement Transportation Demand Management (TDM) activities. Agreement
on all Scoping parameters shall be obtained prior to initiation of
the transportation impact study. The Municipal Scoping Meeting may
be held in conjunction with the PennDOT or County Scoping Meeting.
E.
Applicability.
1.
Transportation impact study requirements shall apply to state, county
and local roadways. Coordination with PennDOT or County HOP managers
should occur as appropriate.
2.
A transportation impact study shall be submitted with all development
proposals that generate 50 or more trips during the site peak hour,
or 500 or more trips per day, regardless of the proposed land use.
A TIS may also be required for Zoning map or text amendments, special
exceptions, conditional uses, variances, and/or any other pertinent
proposal, or as required by the Borough.
a.
The anticipated number of peak hour trips and trips per day
shall be determined using the current edition of ITE's "Trip Generation
Manual", most recent edition, as amended. The proposed use or development
shall be identified using the appropriate ITE land use code. The appropriate
ITE land use code shall be agreed upon at the Municipal Scoping Meeting.
b.
For comparison purposes, the following ITE identified land uses
would generate approximately 50 trips during the site peak hour, or
500 trips per day. This is not an all-inclusive list of ITE land use
codes:
3.
Any site that in the opinion of the governing body has a significant
impact on traffic flow and safety may require a TIS.
4.
An application which requires a TIS shall not be considered complete
until the transportation impact study is submitted to the appropriate
review body in accordance with the provisions of this section.
5.
Waiver or Modification.
a.
The Borough Officials may waive or modify the requirement for
a TIS, the extent of the study area, or any of the requirements and
standards of this section as they pertain to local roadways; provided
that such waiver or modification will not be contrary to the public
interest and that the purposes of the impact study are adequately
served.
b.
In considering a waiver or modification, the Borough Officials
may consider such factors as the location of the subject property,
its proximity to intersections and major roadways, the size and intensity
of the proposed subdivision or land development, the number and location
of proposed access points to the subject property, the nature of the
use proposed, and the advice of the Borough Engineer or Traffic Engineer.
c.
Borough officials may not waive or modify state or county requirements
pertaining to a TIS. Proposed developments with frontage on state
or county roadways shall coordinate with the appropriate jurisdiction
for any waiver or modification to the TIS or HOP requirements.
F.
General Requirements and Standards.
1.
Site Description. The site description shall include the size, location,
existing and proposed land uses, construction staging, and completion
date of the proposed land development. If the development is residential,
types of dwelling units shall also be included. The general site description
shall also include probable socioeconomic characteristics of potential
site users, if available, to the extent that they may affect the transportation
needs of the site, e.g., number of senior citizens. A brief description
of other major existing and proposed land development within the study
area shall be provided.
2.
Transportation Facilities Description. The description shall fully
document the proposed internal and existing external transportation
system:
a.
The map/graphic/description shall include proposed internal
vehicular, bicycle, and pedestrian circulation, all proposed ingress
and egress locations, all internal roadway widths and rights-of-way,
parking conditions, traffic channelization, and any traffic signals
or other intersection control devices at all intersections within
the site.
b.
The report shall describe the entire external roadway system
within the study area. Intersections in the study area shall be identified
and illustrated. Use of aerial photographs to help illustrate the
external transportation system is recommended. Any existing and proposed
public transit services and facilities within a 1/2 mile radius of
the site access locations shall also be documented.
c.
All future highway improvements for which State funding has
been obligated or that are approved for other local developments,
shall be indicated. This information shall be obtained from the Pennsylvania
Department of Transportation's Transportation Improvement Program
or Twelve-Year Highway and Bridge Program, Montgomery County Planning
Commission and from the Borough. Roadway improvements associated with
surrounding proposed development that are proposed but not approved
shall be noted but shall not be included in future conditions analysis
unless otherwise indicated by PennDOT, the County or the Borough at
the Scoping Meeting.
3.
Existing Transportation Conditions. Existing transportation conditions
shall be measured and documented for all roadways and intersections
in the study area and shall include:
a.
Current average daily traffic volumes, peak highway hour(s)
traffic, and peak development-generated hour(s) traffic.
b.
Manual turning movement counts (including vehicular, bicycle
and pedestrians and public transit vehicles) at all study intersections,
encompassing the peak highway and development generated peak hour(s),
with dates when any and all traffic counts were made included as a
technical appendix to the report.
c.
Traffic count data shall not be greater than 3 years old but
shall be updated if traffic volumes or patterns have changed significantly.
If appropriate, counts shall be adjusted for school and/or other local
seasonal peak traffic volumes, as identified at the Borough Scoping
Meeting.
d.
Transportation analyses based upon existing volumes shall be
performed for the AM and PM peak highway hour(s) and the peak development-generated
hour(s), if different from the highway peak periods, for all roadways
and intersections in the study area. Saturday peak hour analysis shall
be included when warranted. Conditions shall be evaluated for each
location by approach lane and intersection in accordance with traffic
engineering software and techniques as stipulated in PennDOT's Publication
46 (2-12), Traffic Engineering Manual, (or as updated). The analysis
shall include volume/capacity ratios, Levels of Service, average vehicle
delays, queue lengths, current sight distances and safe stopping distances
at all proposed access locations. Signalized intersections experiencing
levels of service E or F, and v/c ratios equal to or greater than
1.0 shall be noted as deficient. Unsignalized intersections with levels
of service D, E or F shall be noted as deficient. Queue analyses shall
be provided for existing conditions at unsignalized intersections
and gap analyses shall be provided as identified at the scoping meeting.
4.
Impact of Development.
a.
Estimation of vehicular trip generation to result from the proposed
development shall be completed for the AM and PM peak highway hour(s),
the peak development-generated hour(s), if different from the AM or
PM peak hour, and the 24 hour average weekday. Saturday peak hour
trip generation shall be completed for commercial and retail developments.
b.
These generated volumes shall be distributed to the study area
and assigned to the existing roadways and study area intersections.
Traffic volumes and turning movements shall be assigned at all proposed
access locations and all intersections in the study area. Documentation
of all assumptions used in the distribution and assignment phases
shall be provided. Pedestrian volumes shall also be calculated, if
applicable. If school crossings are to be used, pedestrian volumes
shall be assigned to each crossing. Transit volumes shall be assigned
to currently available public transit services as applicable.
c.
Note any characteristics of the development, the general site
or study area that may cause particular trip generation, distribution
or modal split modifications.
d.
Note development features that are planned to reduce trip generation
rates and document Transportation Demand Management (TDM) assumptions.
Noted TDM practices may be included in the Conditions of Approval
if listed in the TIS.
5.
Analysis of Impact.
a.
The total future traffic shall be calculated and shall consist
of the existing traffic volume expanded to the project completion
year using an annual background growth factor plus the development-generated
traffic and the traffic generated by other developments in the study
area as identified at the PennDOT or Municipal Scoping Meeting.
b.
The annual background growth factor for overall traffic volumes
shall be determined using PennDOT's Growth Factors calculations unless
enough local ADT volume data is available to establish more accurate
average traffic volume changes over the past five years. The background
growth factor should be established at the Municipal Scoping Meeting.
The background growth rate should be applied to the current ADT and
turning movement volumes to forecast background traffic volumes for
the development Opening Year and any successive phase completions.
All assumptions used to revise trip distribution should be provided,
i.e. other major developments that will change current traffic patterns.
c.
Future transportation conditions shall be analyzed using the
same techniques as used for the existing transportation conditions.
Future conditions without the proposed development traffic (Future
Without) shall be provided for all study area intersections and shall
include background traffic growth and traffic from other local proposed/approved
developments as agreed to at the Scoping meeting. Only those roadway
improvements that are programmed, with obligated funds, to be completed
prior to the Opening Year of the proposed development shall be included
in the Future Without analysis. Diagrams illustrating LOS, v/c ratios
and average vehicle delay in seconds shall be provided for each study
area intersection/turning movement for Future Without conditions.
A second future conditions analysis shall be conducted that includes
the proposed development traffic (Future With). Roadway improvements
proposed to be constructed by the developer prior to the opening date
of the development can be incorporated into the analysis. Diagrams
illustrating LOS, v/c ratios and average vehicle delay in seconds
shall be provided for each study area intersection/turning movement
for total Future With traffic conditions. A table shall be provided
illustrating the Existing, Future Without and Future With conditions
for all intersections within the study area, by lane group and identifying
the LOS, delay in seconds, v/c ratios, and queues for each lane group.
The table should note any changes to the roadway that have been included
in the Future Without and Future With analyses. Queue length studies
for unsignalized intersections shall also be conducted for Existing,
Future Without and Future With conditions and displayed in graphics
and/or a table and noting Future Without and Future With improvements.
d.
All analyses shall include AM and PM peak highway hour(s) and
peak development-generated hour(s), if different from the highway
peaks, for all roadways and intersections in the study area. All access
points and pedestrian crossings shall be examined as to the appropriateness
of installing traffic signals or other traffic control measures based
on the current and PennDOT approved edition of the Manual of Uniform
Traffic Control Devices. Roundabouts may be considered as an alternative
to additional traffic signals, if approved by both PennDOT and the
Borough.
6.
Conclusions and Recommendations.
a.
Future levels of service (LOS), average vehicle delay and v/c
ratios shall be listed for all intersections and turning movements.
Intersections showing a Level of Service E or F, and v/c ratios equal
to or greater than 1.0 shall be considered deficient.
b.
Level of Service drops shall be identified for both Future Without
and Future With conditions. Level of Service drops shall be identified
by approach lane group.
c.
Specific recommendations for the elimination of Level of Service
drops below LOS C in rural areas or LOS D in urbanized areas resulting
in the Future With analysis shall be listed and shall include: internal
circulation design, site access location and design, external roadway
intersection design and improvements including the potential for use
of roundabouts, traffic signal installation and operation including
signal timing, transit design improvements, and any pedestrian improvements
needed to support non-vehicular mobility associated with the development
proposal.
d.
All physical roadway improvements shall be illustrated and overlain
on aerial photography to show the extent of the construction impacts.
e.
Signal timing revisions and/or signal equipment upgrades shall
be evaluated for any intersection with a Level of Service E, or F,
but a volume/capacity (v/c) ratio less than 1.0. Warrants for signalization
or other traffic control measures shall be examined for unsignalized
intersections with levels of service E or F based on the current and
PennDOT approved Manual of Uniform Traffic Control Devices or the
current PennDOT Traffic Engineering Manual.
f.
Existing and/or future public transit service shall also be
addressed and any transportation demand management techniques proposed
with the development shall be identified. A listing of all actions
to be taken to encourage public transit usage or other transportation
demand management techniques for development-generated trips, and/or
improve existing service, if applicable, shall be included. Any proposed
transit service improvements should be coordinated with SEPTA or the
appropriate local transit provider and should conform to SEPTA's current
Bus Stop Design Guidelines.
g.
Proposed transportation system improvements should be consistent
with Borough comprehensive planning or other plans referencing overall
mobility and/or transit services.
7.
Implementation of Recommendations. The applicant shall be required
to implement the On-Site transportation improvements necessary to
mitigate the Future With deficient traffic conditions as noted in
the TIS unless modified or waived by the Borough Officials. Off-Site
transportation improvements found to be necessary by the TIS may be
included in an Alternative Transportation Program through agreement
with the applicant, the Borough and PennDOT or the County, as applicable.
The Borough Officials may have an independent review done of the applicant's
transportation impact study, at the applicant's expense, to make a
final determination of the improvements that must be implemented.
8.
Additional coordination with PennDOT or the County may be necessary
to ensure compatibility between the proposed transportation improvements
and Highway Occupancy Permit requirements. All communications with
PennDOT or the County regarding the HOP or other transportation related
issues associated with the proposed development shall be copied to
the Borough.
