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. The
self-storage facility has the option, at the owners’ discretion, to include a
dwelling unit on the premises, which would be used exclusively as the primary
residence of the manager for the facility. [Ord. 2019-13]
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, by Ord. 2019-01, 01/31/2019, and by Ord. 2019-13, 08/29/2019)
§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 nonexistence 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 Residential Country or the
R-S Residential Suburban zoning district, an open space development is permitted,
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 possible under the conventional
R-C or R-S zoning development. (A sketch
plan is required showing conventional R-C or R-S development potential to
determine the density of the open space development.)
(c) Driveway access to individual lots shall
only be from roadways inside the open space development.
(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 development.
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, woodlands, 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 configuration
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 Comprehensive 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 development. 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 amendment 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 residents of the open space development from a street or a
pedestrian walkway. Wherever possible,
required 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)