PART 18
SPECIAL STANDARDS
§1801. APARTMENTS (CONVERSIONS).
If otherwise allowed as a permitted use, the conversion of an existing structure for apartment use shall comply with the following requirements:
A. Plans for alterations shall be in accordance with all applicable Building, Health and/or Life Safety Codes and shall be approved in writing by the Code Enforcement Officer.
(Ord. 84-2, 3/29/1984, §1700)
§1802. MOTOR VEHICLE SERVICE STATIONS.
In districts where permitted, service stations shall be subject to the following safeguards and regulations:
A. No service station shall be located nearer than 1000 feet to the lot line of any school, hospital or nursing or convalescent home.
B. Driveways shall be located in accordance with the provisions of §1702 of this Chapter.
C. All driveways and service areas shall be paved with a surfacing material as approved by the Township Engineer.
D. Motor vehicles shall not be permitted to be parked on sidewalk areas.
E. Liquid fuel pumps shall be set not less than 25 feet from the legal right-of-way line of any street or road and not less than 35 feet from any residential zone boundary line.
(Ord. 84-2, 3/29/1984, §1701; as amended by Ord. 85-4, 4/2/1985)
§1803. NATURAL PRODUCTION USES.
The Board of Commissioners may authorize as a conditional use in I-G, Industrial General District, the excavation and sale of sand, gravel, clay, shale or other natural mineral deposits or the quarrying of any kind of rock formation, subject to the special standards of this Part and the following conditions:
A. In the case of an open excavation, a safety device such as a wall, fence, earth embankment or such other means as may be approved by the Board shall be provided.
B. No top of the slope or quarry wall shall be nearer than 150 feet to any property line or street line.
C. Blasting. Blasting standards shall be those of the Commonwealth of Pennsylvania and, where required by the Board, seismograph readings and reports shall be fur-nished on primary blasts.
D. Plans for the use of and reclamation of the site shall be submitted, after prior review by the Planning Commission, and such plans shall take into consideration the following:
(1) Drainage, prevailing winds, soil erosion and other problems created by excavation, stripping, quarrying, stockpiles and waste piles, while in production.
(2) A grading and reuse plan for the site after completion of production as shall permit the carrying out of the purposes of this Chapter.
(Ord 84-2, 3/29/1984, §1702)
§1804. MANUFACTURING.
The following data shall be submitted as a part of the application for a permit in addition to and with any other information, plans or data required by any other Township, State or Federal regulation: [Ord. 98-7]
A. Plot Plan
B. Architectural Plan.
C. Description of Operation.
D. Engineering and architectural plans for water supply and sewage disposal.
E. Plans for prevention or control of noise, vibration, glare, fire hazards, air pollution, water pollution, traffic and storm drainage.
F. Proposed fuel and location of storage.
G. Additional pertinent data as may be required by the Zoning Officer.
(Ord. 84-2, 3/29/1984, §1703; as amended by Ord. 98-7, 8/27/1998)
§1805. PUBLIC UTILITY FACILITIES.
Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that the buildings or structures erected for these utilities shall be subject to the following regulations:
A. Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
B. Height of such facilities shall be as required by the district regulations.
C. Unhoused facilities shall be enclosed with a chain link fence of at least 6 feet in height topped with barbed wire.
D. Housed facilities. When the facility is totally enclosed within a building conforming with subsection (F) hereinbelow, no fence or screen planting need be maintained in conformity with the district in which the facility is located. Outdoor storage or equipment shall mandate screen planting.
E. Screen planting in residential and commercial districts. The required fence for unhoused facilities shall be surrounded by an evergreen planting as approved by the Planning Commission.
F. The external design of the building shall be in conformity with the buildings of the district.
G. Access for Unhoused Equipment. Where vehicular access is across the front yard, a gate shall be constructed of materials having not less than 50% solid in ratio to open space.
H. Plans of the facility shall be submitted to the Planning Commission.
(Ord. 84-2, 3/29/1984, §1704)
§1806. HABITABLE FLOOR AREA.
The minimum habitable floor area of a dwelling unit of any building or structure hereafter erected or used for living purposes shall be 600 square feet except, in the case of apartment houses and conversion apartments, the minimum habitable floor area shall be not less than 400 square feet per apartment and, except those apartments designed for and occupied exclusively by one person, which shall each contain not less than 300 square feet of habitable floor area.
(Ord. 84-2, 3/29/1984, §1705)
§1807. MOTELS.
In districts where permitted, motels shall be subjected to the following safeguards and regulations:
A. No motel shall have a lot area less than one acre.
B. Front, side and rear yards of the motel shall be permanently landscaped and maintained in good condition.
C. At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by “Off-Street Parking,” Part 20, of this Chapter.
D. Every unit shall be provided with running hot and cold water and toilet facilities.
E. The space between opposing fronts of motel buildings shall be not less than 84 feet; the space between the rears of units shall be not less than 25 feet; and the space between the opposing fronts and rears of units shall not be less than 64 feet
F. With the application for a permit, a plan shall be submitted to the Zoning Officer showing the following:
(1) Extent and area of the property.
(2) Entrances, exits, driveways, roads, parking areas and walks.
(3) Location of structure or structures.
(4) Plan for water supply
(5) Plan for sewage disposal.
(6) Plan for supply of electricity, gas and other utilities.
(7) Additional pertinent data as may be required by the Zoning Officer.
(Ord. 84-2, 3/29/1984, §1706)
§1808. MOBILE HOME.
A mobile home shall be permitted to be used as a single family, detached dwelling in residential districts subject to the following regulations:
A. A mobile home and the site it occupies shall conform to the residential requirements for dwellings in the district in which it is located.
B. Such use shall comply with all other codes, rules, regulations and ordinances of Hampden Township.
C. The owner of a mobile home must secure a zoning permit from the Zoning Officer before moving the mobile home onto the site.
D. A mobile home shall meet the minimum habitable floor area requirement of §1806.
(Ord. 84-2, 3/29/1984, §1707)
§1809. SCHOOLS, HOSPITALS, CHURCHES AND OTHER PUBLIC AND MUNICIPAL BUILDINGS.
In districts where permitted, these uses shall meet the following requirements unless specific provisions applicable to the particular district set forth greater requirements:
A. Lot Coverage. Lot area covered by all buildings including accessory buildings shall not be greater than 30% of the area of the lot.
B. Yard Regulations. Each lot shall have yards not less than the following depths or widths:
(1) Setback or front yard depth - 40 feet.
(2) Side yards - Two in number, neither shall be less than 20 feet.
(3) Rear yard depth - 25 feet.
C. Off-Street Parking. Parking shall be provided in accordance with the provisions of Part 20 hereof. Portions of the required front yard setback may be used for off-street parking when authorized as a special exception.
D. Service and access drives shall be at least 15 feet wide and not over 25 feet wide and shall be permitted to cross required yard areas; provided, that the centerline of the permitted drive shall not be a lesser angle to the street line than 60 degrees.
(Ord. 84-2, 3/29/1984, §1708)
§1810. YARDS.
1. General. Yards shall be provided in accordance with the provisions set forth herein and shall be planted with grass, sod or other vegetative cover excepting in cases where walks, access drives, off-street parking lots, patios or other types of surfaces are permitted by this Chapter. All yards shall be maintained and kept free of all debris and rubbish.
2. Setbacks.
A. All buildings or structures hereafter erected or altered shall be set back from the street line not less than that specified by the district regulation.
B. Where the street upon which the lot abuts is less than 50 feet in width, the front yard depth and the width of the side yard abutting the street shall be measured from a line parallel to and 25 feet from the centerline of the street.
3. Adjustments to meeting existing setbacks in front yards.
A. When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard and has been so maintained since the effective date of this Chapter, the front yard of such unimproved lot may be the same depth of the front yard of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
B. Where an unimproved lot adjoins one improved lot having thereon a principal building within 25 feet of the common side lot line which extends into the required front yard of such improved lot and which extension existed at the effective date of this Chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district; however, the second unimproved lot from the original improved lot must have at least the minimum front yard depth required in the district.
4. Corner Lots. On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district.
5. Accessory buildings and structures may be constructed in accordance with the following provisions: [Ord. 98-7]
A. An accessory building or structure shall not be located within any required yard area with the exception of the rear yard, in which case it shall be not less than 10 feet from the rear lot line. Exception: §1708: Fences. [Ord. 98-7]
B. An accessory building or structure shall not be constructed so as to obstruct any door or window in the main building. [Ord. 98-7]
6. Buffer Yards and Screen Planting. See §1702
(Ord. 84-2, 3/29/1984, §1709; as amended by Ord. 84-7, 7/3/1984; by Ord. 85-4, 4/2/1985; and by Ord. 98-7, 8/27/1998)
§1811. DRAINAGE.
Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage at all points along streets and provide positive drainage away from buildings and onsite waste disposal sites. Drainage plans shall be consistent with local, County and regional drainage plans. The facilities shall be designed to prevent the discharge of excessive runoff onto adjacent properties.
(Ord. 84-2, 3/29/1984, §1710)
§1812. KEEPING OF HORSES.
When the keeping of horses is allowed by this Chapter, the following minimum requirements shall be met:
A. Vegetative material shall be provided and maintained on all paddock and grazing areas.
B. A stable building shall not be located closer than 100 feet to any residential structure.
(Ord. 84-2, 3/29/1984, §1711)
§1813. ROADSIDE STANDS.
1. A highway occupancy permit shall be obtained for any access or pull off areas from all the appropriate municipal or State authorities.
2. The roadside stand shall be removed at the end of the growing and harvesting season of the products sold.
(Ord. 84-2, 3/29/1984, §1712)
§1814. RECREATION FACILITIES, PRIVATE.
Private recreation facilities such as, but not limited to, tennis and basketball courts shall be a permitted accessory use in any district and shall comply with the following conditions and requirements:
A. Private recreation facilities shall be used solely for the enjoyment of the occupants of the principal use of the property on which they are located.
B. Private recreation facilities and related structures and equipment shall not be located within any required yard area with the exception of the rear yard in which case they shall be located not less than 10 feet from the rear lot line.
(Ord. 84-2, 3/29/1984; as added by Ord. 84-7, 7/3/1984)
§1815. CHILD CARE FACILITIES.
Child care facilities shall conform to the following standards as well as the standards of the zoning district in which they are located:
A. Before a certificate of occupancy and/or use permit shall be issued:
(1) The owner shall present proof of a valid license, permit or certificate issued by the Department of Public Welfare (or its successor) of the Commonwealth of Pennsylvania, to operate such facility.
(2) The facility shall meet all laws, requirements and regulations of any governmental agency having jurisdiction over such facilities. [Ord. 98-7]
B. Before a private nursery or kindergarten shall be issued a certificate of occupancy or use permit, the owner shall present a certificate that such facility is duly registered and approved by the Board of Private Academic Schools.
C. Unless otherwise provided to the contrary in a specific zoning district, child day care centers, private nurseries and kindergartens are permitted as an accessory use within a church, synagogue, school (public, private or parochial) or business building.
D. In any zoning district permitting residential use, no child care facility shall be located within 500 feet of another such facility.
E. Any outdoor play area associated with a child care facility, shall be:
(1) Located in the rear yard.
(2) Enclosed by a safety fence with openings no larger that as prescribed by the currently adopted addition of the BOCA National Building Code, with a minimum height of 4 feet. The Zoning Officer may require a higher fence when he determines that such additional height is necessary for safety reasons.
(Ord. 84-2, 3/29/1984, §1715; as added by Ord. 92-5, 2/4/1992, §15; as amended by Ord. 98-7, 8/27/1998)
§1816. GOLF DRIVING RANGES.
1. In zoning districts where golf driving ranges are permitted, the following minimum criteria shall be required (and shall be shown on a land development plan):
A. Not less than nine (9) acres of land shall be devoted exclusively to the use.
B. The land shall be rectangular in shape.
C. Not less than 270 lineal yards shall exist from each tee to the furthermost limit of the ball landing area, said distance to be measured on a line perpendicular to he horizontal axis of the tee.
D. Not less than 150 lineal yards of ball landing area shall be provided for each tee, said width to be measured at a distance of 270 lineal yards along the line mentioned in subsection (C) above, said width to be equally divided on each side of said line.
E. The tee line shall be positioned equidistant from the sides of the range.
F. Provisions shall be made to provide reasonable assurance that driven balls will remain within the boundaries of the range.
G. Lighting devices shall be positioned so as to prevent direct rays of light from penetrating the space beyond the boundaries of the range unless the space being violated is owned by the owner of the range.
H. Applicable buffering and screening requirements shall be observed.
2. Notwithstanding the foregoing requirements, the Board of Township Commissioners, on the recommendation of the Planning Commission, may grant modifications to the foregoing dimensional requirements, but the total area may not be less than 9 acres.
(Ord. 84-2, 3/29/1984; as added by Ord. 92-10, 5/28/1992, §1; and by Ord. 92-13, 8/27/92, §1)
§1817. SELF-SERVICE STORAGE FACILITY.
Where a self-service storage facility is permitted as a use in the C-G, Commercial-General and C-L, Commercial-Limited, zoning districts, the following standards and criteria shall apply:
A. Residential Districts. The use shall not abut or be separated by a public street from an existing residential district.
B. Access. The use shall be on a lot which abuts and gains direct access to a collector or arterial street.
C. Limited Accessory Use. Sale of moving and storage supplies and the rental of moving trucks, clearly incidental to the primary use, shall be permitted out of the office for the self-service storage facility; provided, that a maximum of one truck rental space per 5,000 square feet of storage space shall be permitted. The accessory use of the rental of moving trucks shall only be permitted in the Commercial-General or Industrial-General Districts.
D. Use Restrictions. Except as provided for in subsection (C) hereof, self-service storage facilities shall be limited as follows: [Ord. 00-05]
(1) No business activity other than rental of storage units shall be permitted on the premises.
(2) No outside storage, including, the outside storage of vehicles, shall be permitted on the premises, except as set forth below:
(a) As a part of a self-service storage facility, currently licensed recreational vehicles may be stored outside on the premises, provided, that the portion of the premises devoted to such outside storage is at least 300 feet from any public road right-of-way, is in a separately fenced area, does not abut any existing residential district and is lighted.
(3) Examples of activities prohibited on premises used as a self-service storage facility include, but not limited to, the following:
(a) Auctions, commercial wholesale or retail sales or miscellaneous or garage sales.
(b) The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.
(c) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.
(d) Any use that is noxious or offensive because of odors, dust, noise fumes or vibrations.
(e) The storage of flammable liquids, highly combustible explosives, hazardous chemicals or hazardous materials.
(f) All self-service storage facility rental contracts shall specifically prohibit the storage of living plants, animals or organisms, as well as uses set forth in this subsection.
E. Live-in Manager Required.
(1) The self-service storage facility shall include a dwelling unit on the premises, which shall be used exclusively as the primary residence of the manager for the facility. The resident manager shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. Failure to provide such a manager shall be grounds for revocation of the occupancy permit for the facility.
(2) No resident manager is required when all storage units at the self-service storage facility have only interior access and access to the building containing the storage units is controlled electronically. However, the facility shall have a full-time manager responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. [Ord. 08-09]
F. Off-Street Parking.
(1) Two spaces shall be provided adjacent to the manager’s quarters.
(2) One parking space shall be provided for every 200 storage cubicles or fraction thereof, adjacent to the office, plus one per employee.
(3) No off-street parking spaces are required for self-service storage facilities. However, a driveway aisle for self-service storage facilities shall be a minimum width of 24 feet; provided, that the driveway aisle, where access to the storage units is only on one side of the aisle, may be 20 feet in width.
G. Screening and Landscaping. When located in a Commercial-Limited or Commercial-General District:
(1) The self-service storage facility shall be enclosed by a 6-foot high fence, which shall sit back at least 35 feet along all street frontages and 5 feet along all other property lines. A fence shall not be required on the sides of a building containing no outside doors for individual storage units. [Ord. 08-09]
(2) Landscaping shall be provided in the areas between the property line and the required fencing and/or building and shall comply with Section 1702 of this Chapter, including maintenance of the landscaped area by the owner of the property.
H. Maximum Size of Units. The maximum size of any individual storage unit shall be no more than 300 square feet.
I. Building Height Limit. No building shall be erected to a height in excess of 15 feet; except, however:
(1) A dwelling unit located directly above the business office used exclusively as a living space by a resident manager may exceed said height limitation.
(2) In the Commercial-General District, a building with no external doors to individual storage units may exceed such height limitation and is subject only to the height limit of the Commercial-General District. [Ord. 08-09]
J. Loading and Unloading Space. One off-street loading and unloading space shall be provided on the property. [Ord. 08-09]
(Ord. 84-2, 3/29/1984; as amended by Ord. 98-2, 1/5/1998, §1(E)); by Ord. 00-05, 03/02/00, §1; by Ord. 08-09, 08/28/2008, §1, and by Ord. 2019-01, 01/31/2019)
§1818. TOWER BASED AND NON-TOWER BASED WIRELESS
COMMUNICATIONS FACILITIES
SECTION I. Short Title.
This Ordinance shall be known as the “Hampden Township Wireless Communications Facilities Ordinance.”
SECTION II. Purposes and Findings of Fact.
A. The purpose of this Ordinance is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Hampden Township. While the Township recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
B. By enacting this Ordinance, the Township intends to:
a. Regulate the placement, construction and modification of Wireless Communication Facilities to protect the safety and welfare of the public;
b. 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;
c. Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;
d. Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;
e. Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;
f. Protect Township residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape;
g. Ensure that wireless communications facilities will be removed in the event that such structures are abandoned or become obsolete and are no longer necessary; and
h. Update the Township’s wireless facilities regulations to incorporate changes in federal and state laws and regulations.
SECTION III. Definitions.
1. Antenna—any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An Antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An Antenna shall not include Tower-Based Wireless Communications Facilities defined below. An Antenna shall not include private residence-mounted satellite dishes or television antennae or amateur radio equipment including, without limitation, ham or citizen band radio antennae.
2. Co-location—the mounting of one or more WCFs, including Antennae, on an existing Tower-Based WCF or utility or light pole.
3. Commercially Reasonable – means terms and pricing that are reasonably consistent with similar wireless facility leases and agreements within a fifty (50) mile radius of the Township.
4. Distributed Antenna Systems (DAS)—network of spatially separated Antenna sites connected to a common source that provides wireless service within a geographic area or structure.
5. Emergency—a condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the Rights-of-Way to be unusable and result in loss of the services provided.
6. FCC—Federal Communications Commission.
7. Monopole—a WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications Antennae and connecting appurtenances.
8. Non-Tower Wireless Communications Facility (Non-Tower WCF)—all non-tower wireless communications facilities, including but not limited to, Antennae and related equipment. Non-Tower WCF shall not include support structures for Antennae and related equipment.
9. Persons—individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided that Person does not include or apply to the Township or to any department or agency of the Township.
10. Right-of-Way or ROW—the surface of and space above and below any real property in the Township in which the Township has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all Streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for Utility purposes, but excluding lands other than Streets that are owned by the Township. The phrase “in the Right(s)-of-Way” means in, on, over, along, above and/or under the Right(s)- of-Way.
11. Stealth Technology—camouflaging methods applied to wireless communications towers, Antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted Antennae, building-mounted Antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
12. Tower— A self-supporting lattice tower, guy tower, monopole, or any other pole, that is constructed primarily to support an antenna for receiving and/or transmitting a wireless signal
13. Tower-Based Wireless Communications Facility (Tower-based WCF)— A Tower and its supporting antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. DAS hub facilities are considered to be Tower-Based WCFs.
14. Township—Hampden Township, Cumberland County, PA
15. Wireless—transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
16. Wireless Communications Facility (WCF)—the Antennae, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
17. Wireless Communications Facility Applicant (WCF Applicant)—any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public ROW or other Township owned land or property.
SECTION IV. General Requirements for All Tower-Based Wireless
Communications Facilities.
A. 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 Township.
2. Wind. Any Tower-Based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).
3. 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. In no case shall a WCF exceed a maximum height of two hundred (200) feet.
4. 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.
5. 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 facility in order to promote the safety and security of the Township’s residents.
c. All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
The Township reserves the authority to require the repainting of all Tower-Based Facilities where the painting of such facilities is not regularly maintained.
6. Radio Frequency Emissions. No Tower-Based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.
7. Historic Buildings or Districts. No Tower-Based WCF may be located on a building or structure that is listed on an historic register or is located in an historic district.
8. 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.
9. Lighting. Tower-Based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
10. 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 Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
11. Aviation Safety. Tower-Based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
12. Inspection. No later than December of each odd-numbered year, the owner of the Tower- Based WCF shall have said WCF structure inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of Tower-Based WCFs and has demonstrated his/her expertise to the satisfaction of the Township. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Township by March 1 following the inspection. Any repairs advised by report shall be effected by the owner within sixty (60) calendar days after the report is filed with the Township.
13. Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the Tower-Based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The 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.
14. Timing of Approval. All applications for Tower-Based WCFs shall be acted upon within one hundred-fifty (150) days of the receipt of a fully completed application for the approval of such Tower-Based WCF, including an application fee in the amount of five hundred dollars ($500). If the Township receives an application for a Tower-Based WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.
15. Non-Conforming Uses. Non-conforming 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 Ordinance.
16. Removal. In the event that use of a Tower-Based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
a. All unused or abandoned Tower-Based WCFs and accessory facilities shall be removed within six (6) months of the cessation of operations at the site unless a time extension is approved by the Township.
b. If the WCF and/or accessory facility is not removed within six (6) months of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
c. Any unused portions of Tower-Based WCFs, including Antennas, shall be removed within six (6) months of the time of cessation of operations. The Township must approve all replacements of portions of a Tower-Based WCF previously removed.
SECTION V. Tower-Based Facilities Outside the Rights-of-Way
A. The following regulations shall apply to Tower-Based Wireless Communications
Facilities located outside the Rights-of-Way:
1. Development Regulations:
a. Prohibited in Residential Zones. No WCF shall be located within two hundred (200) feet of any part of a residential or occupied stricture except with the written consent of all owners of such structure.
b. Gap in Coverage. An applicant for a Tower-Based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the Township’s decision on an application for approval of Tower-Based WCFs.
c. Good Faith Effort. Any applicant proposing construction of a new Tower-Based WCF shall demonstrate in writing that a good faith effort has been made to obtain permission to place such a Tower-Based WCF on lands or rights-of-way owned or under control of the Federal, State, or Local Government which would meet their needs.
d. Sole Use on a Lot. A Tower-Based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.
e. 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 industrial, commercial, institutional or municipal use, subject to the following conditions:
i. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.
ii. Minimum Area. The overall property shall comply with the minimum lot area and yard requirements for the applicable district. The minimum area for the Tower-Based WCF shall be the area needed to accommodate the Tower-Based WCF and guy wires, the equipment building, security fence, and buffer planting.
iii. Minimum Setbacks. The Tower-Based WCF shall be set back from all property lines, building structures that are occupied by people the greater of a distance equal to fifty percent (50%) of the height of the structure or to the yard setback applicable to the zoning district in which the structure is to be located.
2. Procedures.
a. Any applicant proposing construction of a new Tower-Based WCF outside the public Rights-of-Way shall submit plans to the Township for review by the Township staff and Planning Commissions and for Approval by the Board of Commissioners in accordance with the requirements of Land Development Ordinance Section 403.
b. The applicant shall prove that it is licensed by the FCC to operate a Tower-Based WCF and that the proposed Tower-Based WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
3. Notice. Upon receipt of an application for a Tower-Based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within one thousand (1,000) feet of the site of the proposed facility and of every property zoned residential not on the same street within two hundred (200) feet of the proposed facility.
4. Co-Location.
a. An application for a new Tower-Based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed Tower-Based WCF cannot be accommodated on an existing or approved structure or building. Any applicant proposing construction of a new Tower-Based WCF outside the Rights-of-Way shall demonstrate to the satisfaction of the Board of Commissioners, by written submission, that a good faith effort has been made to obtain permission to mount the Tower-Based WCF Antenna on an existing building or structure. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter (1/4) mile radius of the proposed Tower-Based WCF site be contacted and that the applicant certifies in writing to the Board of Commissioners that one (1) or more of the following reasons for not selecting such structure apply:
i. The proposed WCF and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at reasonable cost;
ii. The proposed WCF and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at reasonable cost;
iii. Such existing structure does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function; and/or
iv. A commercially reasonable agreement cannot be reached with the owner(s) of such structure.
5. Design Regulations:
a. Any height extensions to an existing Tower-Based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
b. 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 Township.
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 Antennae for future users.
6. 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 Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, to document and verify the design specifications of the foundation of the Tower-Based WCF, and anchors for guy wires, if used.
7. Fence/Screen:
a. A security fence having a minimum height of six (6) feet, and a maximum height of eight (8) feet shall completely surround any Tower-Based WCF, guy wires, or any building housing WCF equipment.
b. An evergreen screen that consists of a hedge, planted three (3) feet on center maximum, or a row of evergreen trees planted ten (10) feet on center maximum shall be located along the perimeter of the security fence.
8. Accessory Equipment:
a. Ground-mounted equipment associated to, or connected with, a Tower-Based WCF shall be underground or screened from public view using Stealth Technologies, as described above.
b. All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
9. Additional Antennae. As a condition of approval for all Tower-Based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate Antennae on Tower-Based WCFs where technically and commercially reasonable. The owner of a Tower-Based WCF shall not install any additional Antennae without obtaining the prior written approval of the Township.
10. Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to 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. The easement shall be a minimum of twenty (20) feet in width and the access shall be paved to a width of at least ten (10) feet throughout its entire length.
11. 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 $75,000 to assure the faithful performance of the terms and conditions of this Ordinance. 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 Ordinance, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility.
12. Visual or Land Use Impact. The Township reserves the right to deny an application for the construction or placement of any Tower-Based WCF based upon visual and/or land use impact.
13. Inspection by Township. The Township reserves the right to inspect any Tower-Based WCF to ensure compliance with the provisions of this Ordinance 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.
SECTION VI. Tower-Based Facilities in the Rights-of-Way
A. The following regulations shall apply to Tower-Based Wireless Communications
Facilities located in the Rights-of-Way:
1. Prohibited in Residential Zones. No Tower-Based WCF shall be located within a residential zone or within two hundred (200) feet of a lot in residential use or a residential district boundary.
2. Gap in Coverage. An applicant for a Tower-Based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the Township’s decision on an application for approval of Tower-Based WCFs in the ROW.
3. Notice. Upon receipt of an application for a Tower-Based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within five hundred (500) feet of the site of the proposed facility and of every property zoned residential not on the same street within two hundred (200) feet of the proposed facility.
4. Co-location. An application for a new Tower-Based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a Tower-Based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one- mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
5. Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Tower-Based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related
considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
6. Equipment Location. Tower-Based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
a. In no case shall ground-mounted equipment, walls, or landscaping be located within eighteen (18) inches of the face of the curb, or, in an area in which there are no curbs, within three (3) feet of the edge of the cartway;
b. Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
c. Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
d. Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within ten (10) business days of notice of the existence of the graffiti.
e. Any underground vaults related to Tower-Based WCFs shall be reviewed and approved by the Township.
7. 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. The application of the Stealth Technology chosen by the WCF applicant shall be subject to the approval of the Township.
b. Any height extensions to an existing Tower-Based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
c. Any proposed Tower-Based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's Antennas and comparable Antennae for future users.
8. Visual or Land Use Impact. The Township reserves the right to deny the construction or placement of any Tower-Based WCF in the ROW based upon visual and/or land use impact.
9. Additional Antennae. As a condition of approval for all Tower-Based WCFs in the ROW, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate Antennae on Tower-Based WCFs where technically and commercially reasonable. The owner of a Tower-Based WCF shall not install any additional Antennae without obtaining the prior written approval of the Township.
10. Relocation or Removal of Facilities. Within sixty (60) days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of Tower-Based 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 as determined by the Township.
11. Compensation for ROW Use. Every Tower-Based WCF in the ROW is subject to the Township’s right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township’s actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each Tower-Based 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. The Annual ROW management fee for Tower-Based WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township’s actual ROW management costs as applied to such Tower-Based WCF.
12. Bond. Prior to the issuance of a permit, the owner of a Tower-Based WCF in 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 $50,000 to assure the faithful performance of the terms and conditions of this Ordinance. 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 Ordinance, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township and maintain the bond for the life of the respective facility.
SECTION VII. General Requirements for All Non-Tower Wireless
Communications Facilities
A. The following regulations shall apply to all Non-Tower Wireless Communications Facilities:
1. 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 the prior written approval of the Township.
2. 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 Township.
3. Wind. Any Non-Tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).
4. Public Safety Communications. No Non-Tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
5. Historic Buildings. Non-Tower WCFs may not be located on a building or structure that is listed on an historic register or is located in an historic district.
6. Aviation Safety. Non-Tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
7. Maintenance. The following maintenance requirements shall apply:
a. The Non-Tower 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 facility in order to promote the safety and security of the Township’s residents.
c. All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
8. Radio Frequency Emissions. No Non-Tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and
regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields”, as amended.
9. Removal. In the event that use of a Non-Tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
a. All abandoned or unused WCFs and accessory facilities shall be removed within three (3) months of the cessation of operations at the site unless a time extension is approved by the Township.
b. If the WCF or accessory facility is not removed within three (3) months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
10. Timing of Approval. All applications for Non-Tower WCFs shall be acted upon by the Township within ninety (90) days of the receipt of a fully completed application for the approval of such WCF, including an application fee in the amount of two hundred fifty dollars ($250). If the Township receives an application for a Non-Tower WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.
11. 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 and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The 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.
13. Bond. Prior to the issuance of a permit, the owner of a Non-Tower 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 $25,000 to assure the faithful performance of the terms and conditions of this Ordinance. 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 Ordinance, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township and maintain the bond for the life of the respective facility.
SECTION VIII. Non-Tower Wireless Facilities Outside the Rights-of-Way
A. The following regulations shall apply to Non-Tower Wireless Communications Facilities
located outside the Rights-of-Way:
1. Development Regulations. Non-Tower WCFs shall be co-located on existing structures, such as existing buildings or Tower-Based WCFs subject to the following conditions:
i. Such WCF does not exceed the maximum height permitted in the applicable zoning district.
ii. If the WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
iii. A security fence with a maximum height of six (6) feet, and a minimum height of three (3) 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.
2. Procedures.
a. Any applicant proposing a Non-Tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the Non-Tower WCF will be mounted on the structure for review by Hampden Township Community Development Office for compliance with the Hampden Township Building Code.
b. The applicant shall prove that it is licensed by the FCC to operate a Non- Tower WCF and that the proposed Non-Tower WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
3. Design Regulations.
a. Non-Tower 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.
b. Non-Tower WCFs, which are mounted to a building or similar structure, may not exceed a height of fifteen (15) feet above the roof or parapet, which is higher, unless the WCF applicant obtains a variance.
c. All Non-Tower WCF applicants must submit documentation to the Township justifying the total height of the Non-Tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
d. Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
3. Removal, Replacement, Modification.
a. 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 increase the overall size of the WCF or the numbers of Antennae.
b. Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
4. Visual or Land Use Impact. The Township reserves the right to deny an application for the construction or placement of any Non-Tower WCF based upon visual and/or land use impact.
5. Inspection by Township. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this Ordinance 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.
SECTION IX. Non-Tower Wireless Facilities in the Rights-of-Way
A. The following regulations shall apply to Non-Tower Wireless Communications Facilities
located in the Rights-of-Way:
1. Co-location. Non-Tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.
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 (6) 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. Antennae and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
3. Compensation for ROW Use. Every Non-Tower WCF in the ROW is subject to the Township’s right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township’s actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each Non-Tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The Annual ROW management fee for Non-Tower WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township’s actual ROW management costs as applied to such Non-Tower WCF.
4. Time, Place and Manner. The Township 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 Township and the requirements of the Public Utility Code.
5. 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 Township. In addition:
a. In no case shall ground-mounted equipment, walls, or landscaping be located within eighteen (18) inches of the face of the curb or, in an area in which there are no curbs, within three (3) feet of the edge of the cartway;
b. Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
c. Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
d. Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within ten (10) business days of notice of the existence of the graffiti.
e. Any underground vaults related to Non-Tower WCFs shall be reviewed and approved by the Township.
6. Relocation or Removal of Facilities. Within sixty (60) days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
a. The construction, repair, maintenance or installation of any Township or other public improvement in the Right-of-Way;
b. The operations of the Township or other governmental entity in the Right-of-Way;
c. Vacation of a street or road or the release of a utility easement; or
d. An Emergency as determined by the Township.
7. Visual or Land Use Impact. The Township retains the right to deny an application for the construction or placement of a Non-Tower WCF based upon visual and/or land use impact.
SECTION X. Violations Applicable to All Wireless Facilities
1. Penalties. Any Person violating any provision of this Ordinance shall be subject, upon finding by a magisterial district judge, to a penalty not exceeding five hundred dollars ($500), for each and every offense, together with attorneys’ fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this Ordinance and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this Ordinance.
2. Determination of Violation. In the event a determination is made that a Person has violated any provision of this Ordinance, such Person shall be provided written notice of the determination and the reasons therefore. Except in the case of an Emergency, the Person shall have thirty (30) days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the Person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this Ordinance and/or federal and/or Pennsylvania law and regulations.
SECTION XI. Miscellaneous
1. Police Powers. The Township, by granting any permit or taking any other action pursuant to this Chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held illegal or invalid by any court of competent
jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this Chapter or any portion of the Hampden Township Code of Ordinances invalid.
§1819. UNDER 21 SOCIAL CLUBS AND ESTABLISHMENTS.
Where an Under-21 Social Club and Establishment is permitted as a use in the C-G Zoning Districts, the following standards and criteria shall apply:
(1) All activities associated with the use shall be conducted and contained within the building constituting the premises and no parking lot, open space, court, yard or other outdoor areas may be used for the club or establishment, except for ingress and egress.
(2) The club or establishment shall provide “proper adult supervision” throughout the premises, consisting of a minimum of one (1) person 25 years of age or older for every 25 minors or part thereof. Such persons shall be directly responsible for, and their sole job responsibility shall be the care and conduct of such minors. They shall be located in such proximity that minors are continuously within a supervisor’s sight and hearing.
(3) The club or establishment shall not be open for business between the hours of 12:00 midnight and 5:00 AM, Official Township Time, and shall operate in strict accordance with the Hampden Township Curfew Ordinance (Chapter 6, Part 2), and as said Ordinance may be amended here after.
(Ord. 02-03, 8/1/2002)
§1820 OPEN SPACE DEVELOPMENT
1. Open space development is an optional form of development which allows the developer more flexibility of design and enables the development of lots smaller than those specified in underlying residential zoning districts; provided, that the land saved is reserved for permanent common use, usually in the form of open space. The purpose of open space development is to permit a procedure for development which shall:
A. Improve living and working environments.
B. Promote more economic subdivision layout.
C. Encourage the conservation of natural resources such as woodlands, wildlife and wetlands.
D. Encourage ingenuity and originality in total subdivision and individual site design.
E. To preserve open space to serve recreational, scenic and public service purposes and/or other purposes related thereto.
2. Where open space developments are a permitted use, the following conditions and standards shall apply:
A. Open Space Residential Development Criteria.
(1) General Requirements. Within the R-C Resi¬den¬tial Cou¬ntry or the R-S Residential Sub¬urban zoning dis¬trict, an open space de¬velopment is per-mitted, provided that:
(a) The minimum setbacks of the underlying zoning shall apply around the outermost (perimeter) lot lines in any open space development.
(b) The density and uses of the parcel may not vary from the density and uses that would be possi¬ble under the conventional R-C or R-S zoning development. (A sketch plan is required show¬ing conven-tional R-C or R-S development poten¬tial to determine the density of the open space development.)
(c) Driveway access to individual lots shall only be from roadways inside the open space develop¬ment.
(2) Public sewer and water are required to serve any open space development if available within 1,000 feet of the property boundary. If the sewer is not available within 1,000 feet, capped sewers may be required and must conform to the Act 537 plan. A community on lot septic system may be installed if it can meet all applicable regulations. If wells are proposed within the open space development, a hydrological study may be required to insure that sufficient potable water exists to serve the devel¬opment.
B. Open Space Design Standards in the R-C Zoning District.
(1) Within an open space development in any R-C zoning district, a minimum of 30% of the tract must remain in open space.
(2) Design criteria for single family detached units within an open space development located within an R-C zone shall be as follows:
(a) Minimum lot area shall be 10,000 square feet.
(b) Minimum lot width shall be 80 feet at the front building setback line, 70 feet at the frontage and, if along the turnaround of a cul-de-sac, 65 feet at the lot frontage.
(c) Minimum lot depth shall be 100 feet.
(d) Minimum setback requirements:
1) Front yard setback - 25 feet from the right-of-way line.
2) Side yard setback - 10 feet each.
3) Rear yard setback - 25 feet.
(e) Maximum lot coverage - 40%.
(f) Design standards for accessory uses.
1) Accessory uses and/or structures may be located in the rear only, and must be a minimum of 10 feet from the rear lot line.
2) Maximum permitted height for accessory uses is 15 feet.
C. Open Space Design Standards in the R-S Zoning District.
(1) Within an open space development in any R-S zoning district, a minimum of 25% of the tract must remain in open space.
(2) Design criteria for single family detached units within an open space development located within an R-S zone shall be as follows:
(a) Minimum lot area shall be 7,500 square feet.
(b) Minimum lot width shall be 75 feet at the front building setback line, 65 feet at the lot frontage and, if along the turnaround of a cul-de-sac, 50 feet at the lot frontage.
(c) Minimum lot depth shall be 75 feet.
(d) Minimum setback requirements:
1) Front yard setback - 25 feet from the right-of-way line.
2) Side yard setback - 10 feet each.
3) Rear yard setback - 25 feet.
(e) Maximum lot coverage - 50%. [Ord. 02-04]
(f) Design Standards for Accessory Uses.
1) Accessory uses and/or structures may be located in the rear yard only, and must be a minimum of 10 feet from the rear lot line.
2) Maximum permitted height for accessory uses is 15 feet.
D. General Open Space Requirements.
(1) In general, the required open space to be set aside shall attempt to preserve natural areas such as wetlands, streams, scenic views, wood¬lands, steep slopes and similar areas. A minimum of 15% of the required open space shall be provided on dry, level ground. Guidelines in the Hampden Township Land Development Ordinance [Chapter 22] shall be used in making determination of what constitutes dry, level ground. [Ord. 98-7]
(2) Required open space areas must be in the form of large tracts, with linear trails connecting larger tracts or parcels adjacent to the open space development parcel or tract, in a con¬figuration suitable for approval by the Hampden Township Board of Commissioners. In determining the preferred location of principal open space tracts, developers shall use the guidelines set forth in the plan entitled: "Future Development Constraints Map," being Figure No. 5-6 in the 1994 Hampden Township Comprehen-sive Plan.
(3) Maintenance of Open Space. The developer must submit a detailed statement including covenants, agreements or other specific documents showing the ownership and method of maintenance and utilization of the required open space area within the develop¬ment. The documentation should include language relative to dedication of any right-of-way areas consistent with the prescribed uses as deemed appropriate by the Board of Township Commissioners. The covenants and agreements shall be perpetual and be recorded at the Cumberland County Recorder of Deeds Office prior to or simultaneously with the approved land development plan. The covenants and agreements concerning the nature of open space may be changed in the future; provided, that they remain consistent with the purposes set forth in this Section; and, further provided, that any such amend¬ment to the recorded documentation shall not become effective until it is approved by the Board of Township Commissioners and likewise recorded with Cumberland County.
(4) Prohibitions on future development of open space. Future development, subdivision or sale of the required open space shall be prohibited without prior approval from the Hampden Township Board of Commissioners. A note to this effect must be placed on the approved development plan.
(5) Required open space may not include streets, stormwater detention ponds, private yards, minimum required spacing between buildings or recreation land required for dedication to the Township. All open space must be physically accessible by resi¬dents of the open space development from a street or a pedestrian walkway. Wherever possible, re¬quired open space should be left in its natural, vegetative state.
(6) Use of open space may include recreation equipment, pavilions, benches, paths, bikeways and walkways, athletic fields, farming, passive agricultural activities and similar uses. Residential accessory structures such as sheds, garages, fences, parking or other storage areas, etc., or any commercial use shall not be permitted in the open space area; however, one-story accessory structures used solely for storage of maintenance equipment used exclusively for the upkeep of the open space may be permitted after the issuance of a Zoning Permit.
(Ord. 84-2, 3/29/1984, §1813; as added by Ord. 94-14, 12/1/1994, §1; as amended by Ord. 98-7, 8/27/1998; and Ord. 02-04, 8/1/2002; and Ord.04-05, 5/27/2004, §I(K) and by Ord. 2015-11, 7/30/2015)
§1821 ADULT DAY CARE FACILITY.
An Adult Day Care Facility when allowed as a permitted use shall be subject to and comply with the following requirements:
1. An Adult Day Care Facility shall not be located in a residence or on a property containing a residential use and shall conform to the standards of the zoning district in which the facility is located.
2. The facility and any permitted accessory uses shall meet all laws, requirements and regulations of any governmental agency having jurisdiction over the facility and/or accessory use.
3. Unless otherwise provided to the contrary in a specific zoning district, the following uses are considered permitted accessory uses to an Adult Day Care Facility: offices, medical clinic, rehabilitative therapies, on-site food service, and pharmacy. All
permitted accessory uses shall be limited to servicing attendees of the Adult Day Care Facility.
4. If a pharmacy is present on site, it will be for the sole use of dispensing to clients of the Adult Day Care Facility and not for sale to others.
(Ord. 12-04, 06/28/2012)
§1822. ADULT ORIENTED BUSINESSES.
Where permitted by this Chapter, Adult Oriented Businesses shall be subject to and comply with the following requirements:
1. An Adult Oriented Business and its parking area shall not be located within any of the following distances, whichever is more restrictive:
a. Five-hundred (500) feet from the lot line of a residential use.
b. Five-hundred (500) feet from the district boundary of any zoning district that permits residential use.
c. One-Thousand (1000) feet from the lot line of any public or private primary or secondary school, place of worship, library, public park, family day care home, group day care home, child day care center, or private nursery and/or kindergarten.
d. One-Thousand (1000) feet from any other Adult Oriented Business.
Distances shall be measured in a straight line from the nearest point of the property lines of the premises where the Adult Oriented Business is proposed to the nearest point of the property line or zoning district boundary line specified above.
2. A fifty (50) foot buffer yard shall be provided along the side and rear lot lines and buffer screening, in accordance with Section 1702 of this Chapter, shall be provided.
3. A minimum lot area of one (1) acre is required.
4. An Adult Oriented Business shall not operate between the hours of midnight and 7:00 a.m. prevailing time.
5. An Adult Oriented Business shall not be permitted on a lot that also has a use that sells alcoholic beverages.
6. An Adult Oriented Business shall not admit any person under the age of 18 years, permit a person under the age of 18 years, or transact business with a person under the age of 18 years unless that person is accompanied by a parent or guardian. Precautions shall be taken to prohibit minors from entering the premises.
7. No Adult Oriented Business shall be used for any purpose or in any manner that violates Federal, State or Municipal laws, regulations or codes.
8. No pornographic material, displays, words, sexually explicit signs, or displays shall be visible from outside the building that contains the Adult Oriented Business.
9. Private or semi-private viewing booths are prohibited.
(Ord. 2017-11, 07/27/2017)
§1823. PERSONAL CARE HOME.
A Personal Care Home when allowed as a permitted use shall be subject to and comply with the following requirements:
1. A Personal Care Home facility shall not be located in a residence or on a property containing a residential use and shall conform to the standards of the zoning district in which the facility is located with the exception of the following:
a. Maximum Building Height: 45 feet
b. Minimum Lot area: 3 acres
c. Public water and public sewer are required
2. The Personal Care Home facility and any permitted accessory uses shall meet all law requirements and regulations of any governmental agency having jurisdiction over the facility and/or accessory use.
3. Unless otherwise provided to the contrary in a specific zoning district, the following uses are considered permitted accessory uses to a Personal Care Home: offices, medical clinic, rehabilitative therapies, on-site food service, and pharmacy. All permitted accessory uses shall be limited to serving attendees of the Personal Care Home facility.
4. If a pharmacy is present on site, it will be for the sole use of dispensing to residents of the Personal Care Home facility and not for sale to others.
(Ord. 2019-04, 03/28/2019)