Township of East Caln, PA Article V Standards for Specific Uses

§ 225-14 Enumeration of standards for specific uses.

[Amended 12-21-1994 by Ord. No. 1994-1; 3-1-1995 by Ord. No. 1995-2; 3-20-1996 by Ord. No. 1996-1; 3-18-1998 by Ord. No. 1998-1; 4-1-1998 by Ord. No. 1998-2; 4-7-1999 by Ord. No. 1999-1; 9-6-2000 by Ord. No. 2000-3[1]]

In addition to the general criteria set forth elsewhere in this chapter, the following standards shall apply to the following specific uses. An applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards of the underlying district, except for specific standards in this section which shall supersede district standards.

A. Automotive sales agency.

(1) All service activities shall be conducted within a wholly-enclosed building.

(2) Separate designated parking areas shall be provided for sales customers, service customers and employees.

(3) Parking spaces requirements are:

(a) Sales customers: one for each 1,750 square feet of sales display area.

(b) Service customers: three for each service by or area.

(c) Employees: one for each employee working the day shift.

(4) All outdoor sales display area shall be designed in compliance with the parking lot regulations of the underlying district.

B. Automotive service and accessory facilities.

(1) All service and/or repair activities shall be conducted within a wholly-enclosed building.

(2) All uses involving drive-through service shall provide on-site stacking lanes to prevent vehicle backups on adjoining streets.

(3) Access driveways shall be a maximum of 30 feet in width and separated by 75 feet, measured from edge to edge, from another driveway if located along the same frontage.

(4) No outside storage of parts, equipment, lubricants, fuel or other material used or discarded, as part of the service repair operation shall be permitted.

(5) All exterior vehicle storage areas shall be a paved area located behind the building and shall be screened by a planting screen from adjoining properties.

(6) The storage of unlicensed vehicles on the property is prohibited.

(7) All vehicles shall be repaired and removed from the premises within a three week period.

(8) The storage of vehicles for sale is prohibited.

(9) The demolition or junking of vehicles is prohibited.

C. Bed and breakfast.

(1) Bed and breakfast use shall be permitted by conditional use as an accessory only to a single-family detached residential use which is in compliance with the provisions of this chapter.

(2) Bed and breakfast use shall be operated by the owner. There shall be no more than two nonresident employees in addition to the resident family members.

(3) There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only.

(4) No modifications to the external appearance of the building except required fire escapes, which would alter its residential character, shall be permitted.

(5) All floors above ground level shall have direct means of escape to ground level.

(6) One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit and nonresident employee.

(7) Parking areas may not be in front of the dwelling unit and shall be a distance of 20 feet from any lot line.

(8) One sign no larger than eight square feet in size may be erected. Such sign must be setback a minimum of 15 feet from all lot lines.

(9) Application for a conditional use for the accessory use shall be accompanied by a valid permit indicating that the existing sewage system can accommodate maximum usage proposed by the bed and breakfast. If the proposed use is to be served by a public sewerage system, the applicant shall submit documentation from the servicing authority that the proposed use will be served.

(10) Certification of water potability must accompany any application for a bed and breakfast only if on-site water service exists or is proposed.

D. Day care facilities (including day care center, children's day care center and group day care home).

(1) Drop off and pickup areas must be provided on site which are separate from both the parking and ingress/egress of the site.

(2) The facilities shall comply with all applicable requirements of the Commonwealth of Pennsylvania including any regulatory agencies and/or licensing departments.

(3) Outdoor play areas shall not be located within 50 feet from any street line and shall be completely enclosed by at least a six foot high fence. If the play area is located adjacent to a residential district or use, a planting screen as defined in § 225-3 shall be installed.

(4) All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

E. Drive-through and/or fast food restaurant.

(1) All drive through window lanes shall be separate from the parking lot interior driveways.

(2) Sufficient on-site stacking shall be provided for drive-through window lanes to prevent vehicle backups into adjoining streets.

(3) All exterior seating/play areas shall be completely enclosed by a four foot high fence.

(4) Exterior trash receptacles shall be provided and routinely emptied so to prevent scattering of trash. Applicants shall include a description of a working plan for cleanup of litter.

F. Funeral homes.

(1) On-site parking shall be provided in accordance with the requirements of § 225-19C, herein.

(2) Applicant shall provide an interior traffic circulation plan which will prevent traffic backups into adjoining streets.

G. Gasoline service stations.

(1) Gasoline pump islands shall be setback at least 40 feet from the street right-of-way.

(2) Access driveways shall be a maximum of 30 feet in width and separated by 75 feet, measured from edge to edge, from another driveway if located along the same frontage.

(3) No outside storage of parts, equipment, lubricants, fuel or other material used or discarded as part of the service repair operation shall be permitted.

(4) All service and/or repair activities shall be conducted within a wholly-enclosed building.

(5) All vehicles shall be required and removed from the premises within a 30 day period.

(6) The storage of vehicles for sale is prohibited.

(7) The demolition or junking of vehicles is prohibited.

H. Hotel and motel.

(1) The following accessory uses may be approved as part of a hotel and/or motel application, provided the permitted building coverage is not exceeded and the required parking is accommodated on the tract:

(a) Auditorium.

(b) Barber and beauty shop.

(c) Cocktail lounge or night club.

(d) Gift shop.

(e) Meeting facilities.

(f) Recreational uses and swimming pools.

(g) Restaurants, without drive-through service.

(h) Health club, exercise facilities.

(i) Other retail sales and personal services.

(2) The above accessory uses, except recreational uses, shall be physically attached to the main hotel or motel building.

I. (Reserved)[2]

[2] Editor’s Note: Former Subsection I, Public utilities, was repealed 9-21-2011 by Ord. No. 2011-03.

J. Schools.

(1) All schools shall have vehicular access to an arterial highway or collector street as identified by the East Caln Township Comprehensive Plan.

(2) A planting screen shall be installed between any area used for outdoor activities and an adjoining residential district or use.

(3) On-site parking shall be provided for each senior high school at the rate of one for each school employee and one for each four students based on the design capacity of the school.

(4) On-site parking shall be provided for each junior high, middle or elementary school at the rate of one for each school employee and one for each 30 students based on the design capacity of the school.

(5) On-site parking shall be provided for any sports stadium or bleachered playing field at the rate of one space for each three seats provided. If this facility is reasonably close to a senior high school, the required parking at the high school may be counted towards the required parking for the sports facility.

K. Churches.

(1) All churches shall have vehicular access to an arterial highway or collector street as identified by the East Caln Township Comprehensive Plan.

(2) A planting screen shall be installed between any parking area and an adjoining residential district or use.

(3) There shall be one parking space provided for every three seats in addition to one space for each full time employee. Parking shall be provided for any rectory, school or cemetery ancillary to a church in accordance with § 225-19C.

L. Solid waste landfill.

(1) Operation of any solid waste landfill shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this part are less restrictive than any present or future rules or regulations of the Department, the more restrictive Department rules and regulations shall supersede and control in the operations of such solid waste landfill.

(2) Suitable measures to prevent fires shall be taken by means and devices mutually approved by the Department of Environmental Protection and the Township.

(3) A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.

(4) Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations or by unauthorized persons.

(5) Unloading of waste shall be continuously supervised.

(6) Measures shall be provided to control dust. To control blowing paper, a fence shall be erected with a minimum height of six feet with openings not more than three inches by three inches along any boundary over which such a nuisance may be spread. The entire area shall be kept clean and orderly. Cracks in, depressions or erosion of cover shall be repaired daily.

(7) Hazardous materials including, but not limited to, highly flammable materials, explosives, pathological wastes, radioactive materials, liquids, garbage and sewage, shall not be disposed of in a solid waste landfill.

(8) Litter control shall be exercised to confine flowing litter to the work area and a working plan of clean up of litter shall be accomplished.

(9) Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.

(10) The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill and to prevent the collection of standing water. The operator shall comply with the requirements of 25 Pa. Code, Chapter 75 and Chapter 102 and applicable Township ordinance so that there is not adverse off-site impact from the drainage of surface water.

(11) A final inspection of the entire site shall be made by the Department of Environmental Protection and the Township and their authorized representatives to determine compliance with approved plans and specifications before the earth-moving equipment is removed from the site. Any necessary correction work shall be performed before the solid waste landfill project is accepted as completed. Adequate bonding or financial assurance shall be required prior to the acceptance of opening with periodic updates of cost and to increase the bond, if necessary, every three years. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill.

M. Quarry operations.

(1) Landscaping and screening. There shall be a berm around the perimeter of the quarry, which shall be located within the required side, rear and front yard areas and not closer than 50 feet from the property boundary, or where a street forms the property boundary, not closer than 50 feet from the ultimate right-of-way of such street. The berm shall have a minimum height of 15 feet and maximum height of 35 feet. The slope of sides of the berm shall not exceed a 3:1 ratio. Berms shall be planted and all landscaping shall be in accordance with § 225-17A. Erosion control measures shall be in accordance with the Township Subdivision and Land Development Ordinance [Chapter 185].

(2) Fencing. A chain link fence at least six feet in height, surmounted by three strands of barbed wire, shall be provided around the perimeter of the quarry and maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along a fence at intervals of not more than 100 feet. The fence shall be set back at least 15 feet from any property line or street line.

(3) Slope of excavation. The quarry walls shall be sloped in accordance with the provisions of Pennsylvania Surface Mining Conservation and Reclamation Act and the rules and regulations adopted pursuant thereto. No slope shall be maintained exceeding the normal limiting angle of repose of the material in which the excavation or extraction should be made. No under cutting shall be permitted within any required setback area. The depth of extraction shall be limited so it will not contribute to lowering the aquifer or water table off site.

(4) Setback. Extraction shall not be conducted closer than 200 feet to a property line nor closer than 300 feet from the street lines, nor closer than 400 feet to the point of intersection of the street line. The setback area shall not be used for any other use in conjunction with extraction except: access streets, berm, screening, directional signs, public notice signs identifying the excavation, business signs identifying the occupant and buildings and structures in conformity with the applicable provisions of this chapter.

(5) Lateral supports. All operations shall be conducted with sufficient lateral support to be safe with respect to:

(a) Hazard to persons.

(b) Physical damage to adjacent lands or improvements.

(c) Damage to any street, sidewalk, parking area or utility by reason of slide, sinking or collapse.

(6) Stockpile. Stockpiles shall not exceed 100 feet in height and the toe of the slope shall not be located closer than 200 feet from any property line nor closer than 300 feet from the street line.

(7) Drainage. All drainage from the site of extractive operations shall be controlled by dikes, barriers or drainage structures sufficient to prevent any silt, debris or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties.

(8) Control of vibration. Ground vibration caused by blasting or machinery shall not exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164 to 168, and the rules and regulations adopted thereunder, with the exception that blasting shall not cause peak particle velocity greater than one inch per second, measured at any property line or street line.

(9) Operations. The mixing of rock materials with asphaltic oil or other binders for road-building and construction purposes shall only be permitted as a conditional use.

(10) Internal circulation. An adequate internal circulation pattern of streets shall be maintained between excavation and processing areas. The use of public street shall not be permitted for hauling between extraction and processing except as stated in § 225-14M(11) below.

(11) All necessary precautions must be taken to ensure the safety of motorists traveling on any public highway intersected by any internal circulation pattern. These precautions shall include, but not be limited to, the following items:

(a) Stop signs shall be placed at the intersection of all internal roadways with public highways, halting all internal traffic in any direction before the crossing of the public highway.

(b) Street signs as permitted by PennDOT on all public highways intersected by internal roadways, at a point 150 feet from the intersection of the public highway and internal roadway, one on either side of the intersection on the public highway indicating the caution should be observed and the trucks will be crossing 150 feet from the signs.

(c) Caution lights as permitted by PennDOT are to be provided, having at least two blinking lights sufficient to attract the attention of a passing motorist, attached to a sign advising that caution should be observed due to a truck crossing ahead and the signs shall be a distance of 300 feet from the intersection of the public highway and internal roadway or less if necessary so that one sign faces each direction of travel upon the public highway.

(d) All public roads shall be clean from dust and spillage.

(12) Permits required. The operator shall, within six months of the effective date of this chapter, obtain a use and occupancy permit in accordance with the following requirements:

(a) Requirements for such permits. No extraction shall commence or continue on a site within a district in which the operation of a quarry is permitted unless a use and occupancy permit has been duly issued. Therefore, such permits shall be required prior to any of the following:

[1] The removal or extraction of clay, rock and/or minerals.

[2] The process of crushing or grading of stone, sand, clay or other minerals.

[3] The leaching of minerals from clay, rock or sand.

[4] The use of portion of the site for truck loading and unloading of clay, rock, sand or minerals.

[5] The stockpiling of stone, sand, clay or other materials.

(b) Application for such permits. All applications for such permits shall be made to the Zoning Officer in writing to ascertain compliance with this chapter.

(c) Issuance of such permits. No such permits shall be issued until the Zoning Officer has received the following:

[1] A copy of all reports and permits, except for financial and test bore data, as required by the Pennsylvania Surface Mining Act to be maintained and renewed by the Pennsylvania Department of Environmental Protection, Bureau of Surface Mine Reclamation on an annual basis. Such reports and permits shall have been submitted and/or issued within one year of the date of application for such permit.

[2] A contour plat, drawn to scale and with contour intervals as required for the plat that accompanies the permit application required by the Pennsylvania Surface Mining Act, showing:

[a] The legal outbound as described in the deed and all adjacent tax parcels.

[b] The zoning district boundary line.

[c] The existing excavation pit, if applicable, and proposed location and extent of the pit or lake.

[d] The location of all existing and proposed overburden.

[e] The location of all structures including all residences on adjacent parcels.

[f] All setback and yard requirements.

[g] All existing and proposed access points and internal circulation.

(d) Annual renewal of such permits and fees.

[1] All quarries, whether or not such quarries have been in operation prior to the adoption of this chapter, must obtain the use and occupancy permits for mining extraction and pay an annual fee to the municipality before January 15 beginning with the year following the year in which the permit for the operation of the quarry has been secured.

[2] Upon receiving such application the Township Engineer shall inspect the site to determine that the operation is in conformance with the Department of Environmental Protection of Surface Mine Reclamation annual permit and reports, and the required setbacks and all other provisions of this chapter. The Township Engineer shall submit his written findings to the Board of Supervisors. If the Board of Supervisors finds that the application for an annual permit conforms with the chapter, an annual use and occupancy permit for mining extraction shall be issued. If the Board of Supervisors finds that the application does not conform with the requirements of this chapter, the Board of Supervisors shall authorize the Zoning Officer to issue a cease and desist order as provided in this chapter until such violation is corrected.

(13) Parking. Off-street parking spaces shall be provided in accordance with the requirements of § 225-19C, herein.

N. Heliports and helistops.

(1) Where permitted as an accessory use on the same lot with, and incidental to a use permitted in the particular zoning district, the heliport or helistop also shall comply with the area, coverage and yard requirements of the applicable zoning district, however, in no case shall any such landing surface be located closer than 500 feet from any residential district boundary line.

(2) The landing surface shall be paved and level, and shall be at least 60 feet square or in the case of a circle, shall be at least 60 feet in diameter. Except for rooftop pads, a secondary 30 foot perimeter area shall contain a gravel or grass cover. Both the landing surface and secondary perimeter shall be well maintained and shall be kept dirt-free to preclude blowing dust or debris caused by rotor downwash and shall contain no structures or other obstacles other than those required for safety purposes.

(3) The entire perimeter area shall be enclosed by a securable, well-constructed fence, a minimum of four feet high, which will serve to prevent unauthorized entry into the landing area. Trees, shrubbery and other landscaping shall be provided in quantities and dimensions deemed necessary by the Planning Commission and Board of Supervisors to minimize offensive motor noise and to afford a softening of the visual impact of the landing area. Rooftop pads shall be excluded from these requirements.

(4) At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at an angle of 10° from the width of the landing pad to a width of 1,000 feet and shall have a glide angle slope of 8:1 measured from the outer edge of the pad.

(5) Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be available. Such emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane.

(6) An application for a landing pad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

(7) All fire and safety equipment provided in conjunction with a heliport or helistop shall be subject to the approval of the Township Fire Marshal.

(8) In reviewing any application for a heliport or helistop, the Board of Supervisors will be guided by the standards and criteria included in § 225-35A(4), and in addition, may impose restrictions on hours of operation, lighting, noise levels and flight altitude over residential areas and such other requirements as may be appropriate and reasonable to protect the health, welfare and safety of Township residents and their property.

(9) No permit shall be used for the construction of a heliport or helistop until the site plan has been approved by the Board of Supervisors.

(10) In addition to the requirements of the Township, any applicant for a heliport or helistop shall comply with the rules and regulations pertaining thereto of the Bureau of Aviation, Pennsylvania Department of Transportation and the Federal Aviation Administration. No permit for the use of a heliport or helistop shall be issued by the Township until the applicant has obtained an appropriate license for the operation thereof from the Bureau of Aviation, Pennsylvania Department of Transportation.

(11) It shall be unlawful for any person to land, discharge, load or take off in a helicopter any place in the Township other than at a heliport or helistop which has been authorized in accordance with the foregoing provision of this section, except:

(a) In conjunction with a special event such as an athletic contest, a holiday celebration, parade or similar activity, after seven days advance notice has been given to the Township Manager and permission obtained to make such landing and takeoff.

(b) When necessary for law enforcement purposes and for emergencies.

(c) In connection with a construction project where a helicopter is to be used to life equipment in connection with such project.

O. Shopping cart use and storage.

(1) Shopping carts may be utilized accessory to shops and stores subject to the provisions of this section.

(2) The owner of any property on which the use of shopping carts is proposed shall obtain a permit therefore, in accordance with procedures, application forms and fees to be established by Township resolution. A separate permit shall be required for each store proposing the use of shopping carts within shopping centers.

(3) All permittees shall be required to post financial security with the Township as a condition of any shopping cart permit. The bond shall be equal to 110% of the estimated costs, as approved by the Township Engineer, of installing bollards, railings or other improvements or devices necessary to restrict shopping carts on the property to the sidewalk and store areas. The Township shall have the right to proceed with such improvements or devices upon revocation of a permit pursuant to this section.

(4) East Caln Township shall have the right to revoke any shopping cart permit for which the permittee has been issued six notices of violation in any calendar year by the Zoning Officer. The following activities shall constitute a violation of this section:

(a) Six or more carts left in unauthorized locations more than one hour after the close of the associated business.

(b) Carts placed on the property in a manner which interferes with the free and uninterrupted flow of pedestrian and/or vehicular traffic.

(c) The storage of carts in an area other than an approved cart storage location.

(d) Violation of any of the remaining provisions of this section.

(e) Violation of any conditions of permittee's shopping cart permit.

(5) All permittees shall be required to use carts with a deposit/locking mechanism, or alternate system approved by the Board of Supervisors, to encourage the return of carts to the approved cart storage facility. All carts shall be adequately identified as to the store for which they have been permitted.

(6) Applications for a shopping cart permit shall include:

(a) The name and address of the applicant, who shall be the owner of the property.

(b) The applicant's telephone number and an emergency contact number for an individual responsible for the property.

(c) A description of the deposit/locking storage mechanism to be used.

(d) The type, size and maximum number of carts to be used.

(e) A written narrative for the policing, maintenance and storage of the carts, including the job titles of the individuals responsible for cart policing and maintenance.

(f) A plan showing the proposed size, location and design of the proposed cart storage facilities. Cart storage facilities shall comply with the following requirements:

[1] Sufficient cart storage facilities shall be provided to store the maximum number of carts proposed by the applicant.

[2] All cart storage facilities shall be covered with a canopy or other similar structure approved by the Board of Supervisors to protect the facility from the weather.

[3] The sides of all cart storage facilities shall be landscaped to screen the carts from adjacent parking areas without interference with sight distances.

[4] The cart storage facilities may conform to sketches SK-1 or SK-2 and SK-3, included in the Appendix to this chapter,[3] or an alternate plan approved by the Board of Supervisors.

[3] Editor's Note: Said sketches are included at the end of this chapter.

(7) Any shopping cart permittee whose permit is revoked pursuant to the provisions of this section shall be ineligible for a shopping cart permit for the same shop or store for a period one year from the date of permit revocation.

P. Car wash facility.

(1) Sufficient on-site stacking shall be provided for drive-through bays to prevent vehicle backup into adjoining streets.

(2) A wash water recycling system must be included in the design of the facility and maintained in proper working order at all times that the facility is in use.

(3) Exterior trash receptacles shall be provided and routinely emptied so to prevent scattering of trash.

Q. Bus shelters.

(1) Bus shelters shall be located along public transportation routes and, where possible, placed within the public road right-of-way. Yard regulations of the zoning district shall not be applicable to the placement of bus shelters. Township shall have final determination as to the location of bus shelters.

(2) A building permit application shall be submitted for each bus shelter. The applicant shall be the owner of the shelter. The applicant shall apply for, and receive, all Federal, State and/or Township permits.

(3) Accompanying the application for a bus shelter shall be the written permission of the property owner of the property on which the shelter is to be located.

(4) The shelter shall be placed on a concrete slab which shall be constructed in compliance with the East Caln Township Building Code.

(5) The shelter shall not exceed five feet in width and 10 feet in length and shall be constructed of aluminum frame with at least two sides enclosed with lexan, acrylic, plexiglass or safety glass and a roof.

(6) One double sided panel on the shelter may contain advertisement not exceeding 25 square feet in area.

(7) The bus shelter shall be lighted for the safety of the users.

(8) The applicant shall be responsible for installation and maintenance of the bus shelter. The shelter shall be maintained in a clean and neat condition and in good working order and repair and shall be inspected and cleaned at least once every seven days. Any damage, vandalism and graffiti shall be repaired or removed within 48 hours of notification by the Township.

R. Community center. The following regulations shall be observed:

(1) Minimum lot area: five acres.

(2) Maximum height of structures: 35 feet.

(3) Yard regulations:

(a) There shall be a front yard, the depth of which shall be not less than 100 feet.

(b) There shall be two side yards and a rear yard, each being not less than 50 feet.

(4) The maximum total impervious coverage shall not exceed 65% of the gross lot area.

(5) Off-street parking at four parking spaces for each 1,000 square feet of building area (gross) shall be provided.

(6) Shall be located on a road classified as major collector in the East Caln Township Comprehensive Plan.

(7) Both safe vehicular and pedestrian access shall be available for the facility.

(8) No outside activities other than vehicle parking shall be permitted within 100 feet of a lot containing a residential use.

(9) Shall comply with the general regulations of Article VI of this chapter.

S. Emergency services station. The following regulations shall be observed:

(1) Minimum lot area: two acres.

(2) Maximum height of structures: 35 feet.

(3) Yard regulations:

(a) There shall be a front yard, the depth of which shall be not less than 100 feet.

(b) There shall be two side yards and a rear yard, each being not less than 50 feet.

(4) The maximum total impervious coverage shall not exceed 65% of the gross lot area.

(5) Shall be located on a road classified as major collector in the East Caln Township Comprehensive Plan.

(6) Safe ingress and egress for emergency responses shall be provided.

(7) No outside activities other than vehicle parking shall be permitted within 100 feet of a lot containing a residential use.

(8) Shall comply with the general regulations of Article VI of the chapter.

T. Renewable energy systems. It is the purpose of these regulations to promote the safe, effective and efficient use of renewable energy systems to reduce the consumption of utility-supplied energy, heat, hot water, or any combination of the above, while protecting the health, safety and welfare of the residents of the Township, and while protecting adjacent land uses through appropriate zoning and land use controls. "Renewable energy systems" include, but are not limited to, geothermal, solar, and wind energy systems. Other non-utility-supplied energy systems not specified herein may be permitted subject to conditional use approval. Where, in the course of reviewing a permit application for any renewable energy system, it is deemed advisable for the Township to retain the services of the Township Engineer or any other consultant, all reasonable costs therefor shall be borne by the applicant.

[Added 5-21-2014 by Ord. No. 2014-02]

(1) Geothermal energy systems shall be permitted in all zoning districts, subject to the following regulations:

(a) Accessory use. A closed-loop geothermal energy system shall be permitted in all zoning districts as an accessory use, where the energy supplied is solely for the use of principal and accessory uses permitted on the subject property.

(b) Design and permitting. The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable Township requirements. A permit for the construction of the geothermal borehole(s) must be issued by Chester County Health Department (CCHD) and presented to the Township prior to the issuance of any Township permits. The Township setback requirements, if different from those of CCHD, must be used but may not be less than those specified by CCHD. A zoning permit and building permit, consistent with the Pennsylvania Uniform Construction Code, shall be required. Applicable manufacturer specifications shall be submitted as part of the application for any permit.

(c) Permitted types. Only closed-loop geothermal energy systems shall be permitted. Open-loop geothermal energy systems are prohibited.

(d) Karst geology and sinkholes. Recognizing that certain portions of East Caln Township are underlain by karst or carbonate geology and are prone to the potential formation of sinkholes, all applicants for geothermal energy systems located in such areas shall acknowledge and, by virtue of the application for a permit for installation of a geothermal energy system, shall agree to the following:

[1] In all situations when boreholes or trenches are (or have been) excavated, or natural conditions have otherwise been disturbed, the likelihood of sinkhole formation increases;

[2] The applicant (or subsequent owner) accepts all responsibility and liability for any sinkholes that do form in association with the applicant's geothermal energy system; and

[3] The applicant (or subsequent owner) agrees to repair any and all sinkholes that form in association with the geothermal energy system.

(e) Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the geothermal energy system shall comply with all accessory setbacks for the zoning district in which the system is installed.

(f) Setback requirements. CCHD isolation (setback) distances shall constitute the minimum setback distance allowed for any closed-loop geothermal installation. Due to the existence of karst geology within East Caln Township, greater distances are warranted to protect property and infrastructure.

[1] Unless otherwise specified, geothermal energy systems shall be set back a minimum distance of 25 feet from any property line.

[2] Geothermal boreholes or trenches (in the case of horizontal loop systems) shall be set back a minimum of 100 feet from on-lot sewage disposal systems.

(g) Closed-loop geothermal systems. Closed-loop geothermal systems shall utilize fluids conforming to all standards set by the Pennsylvania Department of Environmental Protection (DEP). A permanent sign must be attached to the heat pump specifying that only approved heat-transfer fluids must be used.

(h) Abandonment or disrepair. If the geothermal energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove, permanently seal, or properly maintain the geothermal energy system within three months from the date the system enters such a state.

(i) Decommissioning. Any earth disturbance as a result of the removal or permanent sealing of the geothermal energy system shall be adequately graded and reseeded.

(2) Solar energy systems shall be permitted in all zoning districts as an accessory use and in the I-1 Industrial District as a principal use, subject to the following regulations:

(a) Accessory uses. A solar energy system shall be considered an accessory solar energy system only if it supplies electrical or thermal power primarily for on-site use, with a system design capacity no greater than 125% of normal peak on-site energy demand.

[1] Individual net metering. When a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the accessory solar energy system shall submit a copy of the PECO interconnection application as part of the application for a Township building permit for the solar energy system. A copy of PECO's approved certificate of completion shall be submitted to the Township prior to the issuance of a Township use and occupancy permit for the solar energy system. Systems not connected to the public utility grid shall be exempt from this requirement.

[2] Roof-mount whenever practical. Whenever practical, all accessory solar energy systems shall be attached to a building or located on an existing impervious surface. If not designed to be attached to a building, the applicant shall demonstrate to the satisfaction of the Zoning Officer, by credible evidence, that such systems cannot feasibly be attached to a building due to structural or other limitations of the building, orientation of the building toward the sun, or adjacent topography or vegetation impeding solar access.

(b) Principal uses. A solar energy system shall be permitted as a principal use subject to conditional use approval in the I-1 Industrial District only.

(c) Design and permitting. The design and installation of the solar energy system shall conform to applicable industry standards, including such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire- and lifesafety requirements. A zoning permit and building permit, consistent with the Pennsylvania Uniform Construction Code, shall be required. Applicable manufacturer specifications shall be submitted as part of the application for any permit.

(d) Transmission lines. All power transmission lines from the solar energy system to any building or other structure shall be located underground, unless it can be demonstrated, to the satisfaction of the Zoning Officer, by credible evidence, that this is not feasible.

(e) Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the solar energy system shall comply with all accessory setbacks for the zoning district in which the system is installed.

(f) Glare. Solar collectors shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

(g) Mounting location. A solar energy system as a principal use may be roof- or ground-mounted (free standing) subject to all limitations set forth herein.

(h) Historic resources. If a principal or accessory solar energy system is proposed to be mounted on or located within 100 feet of any historic structure or historic resource as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval following review and recommendation from the Planning Commission and upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

(i) Solar access casements. A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where necessary to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new constructions, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Township upon the recording of any such easement(s). All solar easements shall be recorded in the office of the Chester County Recorder of Deeds.

(j) Setback requirements.

[1] Accessory solar energy systems. No part of any accessory solar energy system shall be located within any front yard or required setback or easement of any property.

[2] Principal solar energy systems. Principal solar energy systems shall meet the setback requirements of the I-1 Industrial District.

(k) Roof-mounted systems:

[1] Under no circumstances shall the solar energy system extend beyond the edge of the roof.

[2] A roof-mounted solar energy system may exceed, by no more than four feet, the applicable building height or accessory building height limitation.

[3] All roof-mounted systems shall be designed and installed in accordance with firefighter safety guidelines established by the Township Fire Code Official.

(l) Ground-mounted (free-standing) systems:

[1] Setback requirements. Accessory ground-mounted solar energy systems shall meet all setback requirements for an accessory structure for the zoning district in which installed.

[2] Installations requiring conditional use approval. Accessory ground-mounted solar energy systems shall require conditional use approval in the following situations:

[a] Where located in the area between the front yard setback and the principal structure on the lot;

[b] Where larger than 500 square feet in surface area;

[c] Where greater than 15 feet in height.

[3] Conditional use qualifying conditions. All ground-mounted solar energy systems subject to conditional use approval shall comply with the following qualifying conditions:

[a] Ground-mounted solar energy systems subject to conditional use approval shall be set back a minimum of 35 feet from property lines and road rights-of-way unless the Board of Supervisors determines that the existing topography and/or existing or proposed landscaping provides an adequate barrier from property line(s) or roadway(s).

[b] Where a ground-mounted solar energy system is located less than 35 feet from a property line and/or road right-of-way, a landscaped buffer shall be provided along such property line(s) and/or road right(s)-of-way, unless the Board of Supervisors determines that the existing topography and/or landscaping provides an adequate buffer.

[4] Impervious coverage. For the purposes of this subsection, all "at grade" or "above grade" features and facilities relating to ground-mounted solar energy systems, including appurtenances, shall be considered impervious surface and subject to the maximum impervious coverage requirements of the underlying zoning district, unless the applicant can demonstrate to the satisfaction of the Township Engineer, by credible evidence, that stormwater will infiltrate into the ground beneath the solar collection system at a rate equal to that of the infiltration prior to placement of the system.

[5] Lot coverage. The footprint of a ground-mounted solar energy system shall be calculated as part of the overall lot coverage, regardless of whether it is determined to be impervious.

(m) Safety and security of principal solar energy systems.

[1] Safety warnings. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fences and shall satisfy any applicable state and federal safety warning standards.

[2] Security. All access doors to electrical equipment for principal solar energy systems shall be locked or fenced, as appropriate, to prevent entry by nonauthorized personnel.

(n) Advertising and signage. solar energy systems shall not be used to display advertising, signage, banners or similar materials, with the exception of any manufacturer's labels or warning placards. Any such sign shall have an area not to exceed four square feet.

(o) Abandonment or disrepair. If the solar energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to repair or remove the solar energy system within three months from the date the system enters such a state.

(p) Decommissioning. If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be adequately graded and reseeded.

(3) Wind energy systems shall be permitted in all zoning districts as an accessory use and in the I-1 Industrial District as a permitted use, subject to the following regulations:

(a) Accessory uses. Accessory wind energy systems shall be permitted in all zoning districts as a permitted accessory use, subject to the provisions set forth herein. A system is considered an accessory wind energy system only if it supplies electrical power primarily for on-site use, with a system design capacity no greater than 125% of normal peak on-site electrical demand.

(b) Utility grid interconnection. When a property upon which an accessory wind energy system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the accessory wind energy system shall submit a copy of the PECO interconnection application as part of the application for a Township building permit for the wind energy system. A copy of PECO's approved certificate of completion shall be submitted to the Township prior to the issuance of a Township use and occupancy permit for the wind energy system. Systems not connected to the public utility grid shall be exempt from this requirement.

(c) Historic resources. If a wind energy system is proposed to be mounted on or located within 100 feet of any historic structure or historic resource as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval following review and recommendation from the Planning Commission and upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

(d) Design and permitting. The design and installation of the wind energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, Net Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire- and lifesafety requirements. A zoning permit and building permit consistent with the Pennsylvania Uniform Construction code, shall be required. Applicable manufacturer specifications shall be submitted as part of the application for any permit.

(e) Transmission lines. All power transmission lines from the wind energy system to any building or other structure shall be located underground unless it can be demonstrated, to the satisfaction of the Zoning Officer, by credible evidence, that this is not feasible.

(f) Appurtenances. All or any mechanical equipment associated with and necessary for the operation of the wind energy system shall comply with all accessory setbacks for the zoning district in which the system is installed.

(g) Height limitations.

[1] Maximum. The maximum height for a wind energy system shall not exceed 35 feet.

[2] Minimum. The minimum height of the lowest position of the windmill or wind turbine blade shall be 15 feet above the ground. If the wind turbine proposed is a vertical axis turbine (also referred to as a "helix type" turbine or VAT), the height between the lowest point of the turbine and the ground may be reduced to 10 feet.

(h) Setback requirements. Minimally, all wind energy systems shall meet the setback requirements for accessory structures for the underlying zoning district. Wind energy systems shall be set back a horizontal distance equal to their height from any property line. No wind energy systems shall be installed within any front yard. Additionally, all wind energy systems must be set back sufficiently from any aboveground utility lines, radio, television, or telecommunication towers so as to present no danger to those lines or structures, as certified by the applicant's engineer. No portion of any accessory wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

(i) Noise limitations. Wind energy systems shall not generate noise which exceeds 55 decibels or 10 decibels above ambient noise, in any hour, whichever is higher. Noise is measured from the property line of the closest neighboring inhabited or habitable structure. The ambient sound measurement, known as "A-weighted sound level," is taken where the noise from the wind turbine cannot be heard or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. Notwithstanding the above, the 55 decibels or 10 decibels over ambient level may be exceeded during short-term events, such as utility outages and/or severe windstorms.

(j) Lot coverage. The footprint of a wind energy system shall be calculated as part of the overall lot coverage.

(k) Structural integrity. For any roof-mounted wind energy systems, such as microturbine systems or horizontal or vertical axis turbines, the applicant must demonstrate to the Building Code Inspector, by credible evidence, that the structural integrity of the structure is such that it can adequately support the system being considered.

(l) Storage structures. When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet and shall comply with the accessory structure requirements specified within the underlying zoning district.

(m) One turbine per lot. No more than one wind energy system shall be permitted per lot, except on lots of 10 acres or more. A wind energy system made up of a number of adjacent microturbine panels is considered one system for the purposes of this subsection.

(n) Braking. All wind energy systems shall be equipped with an adequate braking system to prevent excessive speed. Such system may include aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and/or mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode.

(o) Lighting. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

(p) Colors. Wind energy systems shall be a nonobtrusive color such as white, off-white or gray.

(q) Shadow flicker. All wind energy systems shall be sited to prevent shadow flicker on any occupied building on adjacent properties.

(r) Climbing. Wind energy systems shall be equipped with an appropriate anticlimbing device, or otherwise made unclimbable, to prevent unauthorized access to the system.

(s) Advertising and signage. Wind energy systems shall not be used to display advertising, signage, banners or similar materials, with the exception of any manufacturer's labels or warning placards. Any such sign shall have an area not to exceed four square feet.

(t) Abandonment or disrepair. If the wind energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to repair or remove the wind energy system within three months from the date the system enters such a state.

(u) Decommissioning. If a wind energy system is ever removed, any earth disturbance as a result of the removal of the system shall be adequately graded and reseeded.

(v) Wind farm as principal use. A wind farm as a principal use shall only be permitted in the I-1 Industrial District, subject to applicable principal structure setbacks and pursuant to conditional use approval, including appropriate conditions of approval consistent with the requirements and intent of this section relative to other forms of renewable energy systems.

U. Wireless communications facilities: the antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services, including radio, television, microwave, or telephone. These facilities can be classified as tower-based and nontower as well as outside or inside rights-of-way and are subject to the regulations and requirements of this chapter, including but not limited to this Subsection U. The following regulations shall be observed:

[Added 7-20-2016 by Ord. No. 2016-03]

(1) Tower-based wireless communications facilities. A tower-based wireless communications facility (WCF) shall be considered any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles.

(a) General requirements for all tower-based commercial communications facilities. The following regulations shall apply to all tower-based commercial communications facilities:

[1] Standard of care. The WCF applicant shall present documentation that the 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, and National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, and the Electrical Industrial Association/Telecommunications Industry Association. Certification of the design from a Pennsylvania registered professional engineer is required. 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] Structural requirements.

[a] Any tower-based WCF structure shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA 222-G Code, as amended).

[b] A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA/TIA 222-G, as amended, shall be submitted.

[c] The wireless support structure shall be designed and constructed to withstand a wind velocity of 100 miles per hour, accounting for nontower WCFs that may be collocated.

[d] A copy of the structural analysis, signed and sealed by a registered structural engineer licensed in the Commonwealth of Pennsylvania, shall be submitted to the Township.

[3] 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.

[4] Maintenance and inspection. 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.

[d] Maintenance of all portions of the WCF, including structures, foundations, fencing, screening, etc., shall be the responsibility of the owner.

[e] Guyed-towers and other wireless support structures shall be inspected every three years, and self-supporting towers/monopoles shall be inspected every five years. All towers shall be inspected after severe wind (sustained tropical storm or hurricane force winds) or ice storms or other extreme loading conditions. Inspection reports shall be prepared by a licensed professional engineer and submitted to the Township Engineer for review.

[5] 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.

[6] Historic buildings or districts. No tower-based WCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township as being of historic significance.

[7] Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. The Township shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.

[8] Lighting and signage. No signs or lights shall be mounted on a tower-based WCF except as required by law, the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) or any other governmental agency having jurisdiction over the same. 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. Emergency lighting for any accessory facility/building and signage as allowed in Subsection U(1)(a)[7] above, is permitted, subject to Township review and approval.

[9] Appearance. Towers shall be galvanized and/or painted, at the discretion of the Board of Supervisors, with a rust-preventive paint, of an appropriate color to harmonize with the surroundings.

[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 concerning aviation safety and applicable airport zoning regulations.

[a] Documentation from the Federal Aviation Administration (FAA) shall be submitted by the applicant for any tower-based WCF exceeding 150 feet in height stating that the subject WCF is approved by the FAA.

[b] Any applicant for a proposed tower-based WCF located within a radius of five aerial miles of an airport shall notify said airport, in writing, of its intent to construct a WCF prior to construction.

[12] 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 chapter. The applicant and/or owner of the tower-based 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] FCC license. The applicant shall submit to the Township a copy of its current Federal Communications Commission (FCC) license and the name, address, emergency number, and operator of the FCC.

[14] Insurance. Each person that owns or operates a tower-based WCF shall provide the Township with proof of insurance. A certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum of $1,000,000 occurrence covering the communications facility is required. The Township, its employees, Engineer, Solicitor, Planner, and other relevant professional shall be named additional insured, and the certificate shall provide, as a minimum, that the additional insured shall be notified not less than 60 days in advance of the insurance not being renewed or being canceled for any reason.

[15] Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. Where a conditional use approval is required, the governing body shall render a decision within 45 days after the last hearing before the governing body. All other applications, including land development, for tower-based WCFs shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.

[16] Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this chapter.

[17] Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, Engineer, Solicitor, Planner, agents, and other relevant professional consultants, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees, or contractors arising out of but not limited to the construction, installation, operations, maintenance, or removal of a tower-based WCF. In addition, the owner of the property on which a tower-based WCF is located shall also, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, Engineer, Solicitor, Planner, agents, and other relevant professional consultants at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees, or contractors arising out of but not limited to the construction, installation, operations, maintenance, or removal of a tower-based WCF. The obligation to indemnify, hold harmless, and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.

[18] Removal/financial security. 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. If it remains unused for a period of 12 consecutive months, the Township will provide notice to the owner/operator to remove the tower.

Unused or abandoned tower-based WCFs or portions of tower-based WCFs shall be removed as follows:

[a] All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site or from the time the municipality provides notice, unless a time extension is approved by the Township.

[b] If the tower-based WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, from the time the municipality provides notice, or within any longer period approved by the Township, the tower-based WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the tower-based WCF and/or the owner of the property on which the tower-based WCF is located.

[c] Prior to the issuance of a zoning permit, the owner/operator of the tower-based WCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this chapter. Security shall be in an amount to cover the WCF removal and site cleanup. The security shall be utilized by the Township in the event the owner or operator of the tower-based WCF does not remove the facility as outlined in Subsection U(1)(a)[18][a] and [b] above or to recover any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. Should the posted security not cover the costs associated with the removal of the facility for whatever reason, the Township may seek restitution from the owner of the property on which the facility is located.

[d] The Township must approve all replacements of portions of a tower-based WCF previously removed.

(b) Tower-based WCFs outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

[1] Development regulations.

[a] Allowable districts. Wireless communications facilities are permitted/prohibited as follows:

[i] No tower-based WCF shall be located closer than 1.5 times the height of the tower to an existing residential dwelling or residential zoning district boundary in which tower-based WCFs are not permitted.

[ii] Tower-based WCFs are not permitted in the R-1, R-2, R-3, or R-4 Residential Zoning Districts. They are also not permitted in the NR-4 District.

[iii] Tower-based WCFs are permitted by conditional use, in accordance with the requirements of § 225-35, Article VII and this Subsection U, in the OC-1, OC-2, OC-3, OC-5, and I-1 Zoning Districts.

[iv] No tower-based WCF shall be located in a floodplain area as regulated by § 225-24 herein.

[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 tower-based 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] Height. Any tower-based WCF outside of the rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet. However, such height may be increased to no more than 200 feet, provided the setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet and the applicant must submit documentation to the Township justifying the total height of the structure. Height shall include all subsequent additions or alterations.

[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 setbacks as follows:

[i] The tower-based WCF shall be set back a distance equal to 1.5 times the height of the tower from the nearest property line, ultimate right-of-way line, easement line for aboveground utilities, or lease line; or the minimum yard requirements for the applicable zoning district, whichever is greater.

[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] The tower-based WCF may occupy a leased parcel within a lot meeting the minimum lot size for the zoning district. The leased parcel shall be, at a minimum, the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

[iii] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district.

[iv] Minimum setbacks. The tower-based WCF and accompanying equipment building shall not be located in the minimum front, rear, or side yard setbacks for the applicable zoning district. Further, the tower-based WCF shall be set back a distance of 1.5 times the height of the tower, from any property line, ultimate street right-of-way or any occupied building.

[v] Vehicular access to the tower-based WCF shall not interfere with parking or circulation on the site.

[f] The applicant shall demonstrate, utilizing the most current technological evidence available, that the wireless communications facility (WCF) must be constructed where it is proposed in order to satisfy its function pursuant to the communications industry's technological requirements.

[2] Co-location. 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 application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

[3] Design regulations.

[a] The tower-based WCF shall employ the most current standards available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.

[b] Any substantial change to the height of an existing tower-based WCF or wireless support structure shall require approval of the Township. The Township reserves the right to deny such requests based upon 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 antennas or nontower WCFs for future users. At a minimum, the structure and wind load should be able to accommodate a 10% increase in height or one additional array.

[4] Surrounding environs. The tower-based WCF applicant shall ensure that the existing vegetation, trees and shrubs located in proximity to the tower-based WCF structure shall be preserved to the maximum extent possible.

[5] Fencing. A security fence having a maximum height of eight feet shall completely surround any tower-based WCF, guy wires, parking, or any building/structure housing WCF equipment.

[6] Accessory equipment.

[a] Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be enclosed within the required fence and screened from public, as described above in Subsection U(1)(b)[5].

[b] All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall be located in an equipment compound meeting the minimum setback and height requirements of the underlying zoning district.

[7] Additional antennas. 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 collocate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

[8] Access road/lease area. Adequate emergency and service access to tower-based WCF must be provided.

[a] Access shall be provided to the facility by means of a public street or easement to/from a public street unless waived, in writing, by the Board of Supervisors. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a paved surface for its entire length.

[b] A minimum of two off-street parking spaces shall be provided for a tower-based WCF.

[c] A turnaround area must be provided within the fenced area to allow adequate access by all service and emergency vehicles.

[9] Visual impact analysis. The applicant shall be required to undertake a visual impact analysis on any proposed tower-based WCF. The following information shall be submitted in order for the Township to review and determine if the measures taken by the applicant to mitigate the negative visual impacts by the tower-based WCF are satisfactory:

[a] A photographic simulation of predevelopment vs. post-development views from key viewpoints (a minimum of four) surrounding the proposed site.

[b] An analysis of possible alternate tower structures, design, technologies, and/or color schemes.

[c] Details, drawings, and/or photographs of proposed mitigation measures.

[d] Elevations and base drawings of the equipment compound, detailing landscaping and other buffering methods required herein.

[10] National Environmental Policy Act (NEPA). The applicant shall demonstrate that all NEPA requirements, where applicable, for any proposed commercial communications facilities have been met. A copy of the NEPA-required environmental assessment (EA) report shall be submitted. The applicant shall notify the municipality at least 30 days prior to any hearing or consideration of the environmental assessment report by the FCC. The applicant shall provide, to the municipality, documentation demonstrating how any negative impact on any historical, cultural and environmental features will be mitigated.

[11] Site plan required. In order to determine if the requirements of the conditional use and this section are met, the applicant shall submit a site plan showing, at a minimum, the following items:

[a] Locations of all existing and proposed uses on the subject site including the proposed tower-based WCF.

[b] Elevations and drawings of any existing uses and proposed tower-based WCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antennas, etc., proposed.

[c] Site boundary, lease area boundary, zoning data, setbacks/yards, and adjacent uses.

[d] Vehicular access, fencing, landscaping, utility and/or access easements.

[e] Location and contents of the equipment compound, including but not limited to fuel and battery storage, hazardous materials, cabinets, guy wires, etc. Information regarding hazardous materials shall be listed in a note on the plans.

[f] Floodplain areas, if applicable, as described in § 225-24.

[12] Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this chapter 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 tower-based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(c) Tower-based WCFs in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

[1] Development regulations.

[a] No tower-based WCF shall be located within the rights-of-way or future rights-of-way of any local road as designated by the Township.

[b] No tower-based WCF within a right-of-way shall be located within 500 feet of a lot in residential use.

[c] The applicant shall provide proof of authorization from the owner of the right(s)-of-way for the location(s) of the proposed tower(s).

[d] The application shall be accompanied by plans and other materials describing the use and locations proposed. Such plans and other materials shall provide sufficient basis for evaluating the applicant's requests. Information required by this chapter shall accompany the application.

[2] Gap in coverage. An applicant for a tower-based WCF in a right-of-way 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 tower-based WCF being proposed in a right-of-way 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 in the right-of-way.

[3] Height. Any tower-based WCF in rights-of-way shall be designed at the minimum functional height and shall not exceed a total height of 50 feet, which shall include all attached nontower WCFs, all subsequent co-locations, additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure to be located in the right-of-way.

[4] Co-location. An application for a new tower-based WCF in the right-of-way 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 in the right-of-way shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed wireless support structure, 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 right-of-way based on public safety, traffic management, physical burden on the right-of-way, 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.[4]

[4] Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

[6] Equipment location. Tower-based WCFs in the right-of-way 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 right-of-way as determined by the Township. In addition:

[a] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb;

[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 be 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 10 business days of notice of the existence of the graffiti.

[e] Any underground vaults related to tower-based WCFs in the right-of-way shall be reviewed and approved by the Township.

[7] Design regulations.

[a] The tower-based WCF in the right-of-way shall employ the most current standards available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.

[b] Any substantial change to the height of an existing tower-based WCF in the right-of-way shall require prior approval of the Township and shall not increase the overall height of the tower-based WCF to more than 50 feet. The Township reserves the right to deny such requests based upon land use impact or any other lawful considerations related to the character of the Township.

[c] Any proposed tower-based WCF in the right-of-way shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[8] Visual impact analysis. The applicant shall be required to undertake a visual impact analysis on any proposed tower-based WCF. The following information shall be submitted in order for the Township to review and determine if the measures taken by the applicant to mitigate the negative visual impacts by the tower-based WCF within the right-of-way are satisfactory:

[a] A photographic simulation of predevelopment vs. post-development views from key viewpoints (a minimum of four) surrounding the proposed site.

[b] An analysis of possible alternate tower structures, design, technologies, and/or color schemes.

[c] Details, drawings, and/or photographs of proposed mitigation measures.

[d] Elevations and base drawings of the equipment compound, detailing landscaping and other buffering methods required herein.

[9] Additional antennas. As a condition of approval for all tower-based WCFs in the right-of-way, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennas on a tower-based WCF in the right-of-way where technically and economically feasible. The owner of a tower-based WCF in the right-of-way shall not install any additional antennas without obtaining the prior written approval of the Township.

[10] Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any tower-based WCF in the right-of-way 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 right-of-way use. In addition to permit fees, every tower-based WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. This fee is intended to defray any costs which may be incurred by the Township to review the application and manage the rights-of-way, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each tower-based WCF in a right-of-way 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 right-of-way management fee for tower-based WCFs in a right-of-way shall be determined by the Township and authorized by resolution of the Board of Supervisors.

[12] Tower-based WCFs in the right-of-way are also subject to the provisions contained within the Township's Right-of-Way Management for Wireless Communications Facilities Ordinance.[5]

[5] Editor's Note: See Ch. 180, Art. III, Right-of-Way Management for Wireless Communications Facilities.

(2) Nontower wireless communications facilities. Nontower wireless communications facilities shall be considered any equipment that facilitates the transmission for any Commission-licensed or authorized wireless communications service, including but not limited to antennas, base stations, transmitters, receivers, cabling, power supplies, and accessory equipment associated with and necessary for their operation but does not include support structures, such as monopoles, poles, towers, etc.

(a) General requirements for all nontower wireless communications facilities (WCF) and base stations.

[1] Standard of care. Any nontower WCF that is considered a co-location, modification, or replacement 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 nontower 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. The Township shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.

[2] Wind and load.

[a] Any nontower WCF that is considered a co-location, modification, or replacement shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA 222-G Code, as amended).

[b] The wireless support structure to which the nontower WCF is attached shall be able to withstand the additional structural load of the co-location, modification, or replacement.

[c] A copy of the structural analysis, signed and sealed by a registered engineer in the State of Pennsylvania, shall be submitted to the Township and reviewed as a portion of the permitting process for co-locations, modifications, or replacements.

[3] Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.

[4] Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[5] Radio frequency emissions. No nontower 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.

[6] Historic buildings. Nontower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic district lists maintained by the Township or has been designated by the Township as being of historic significance.

[7] Maintenance. The following maintenance requirements shall apply:

[a] The nontower 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] Removal. In the event that use of a nontower 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. If it remains unused for a period of 12 consecutive months, the Township will provide notice to the owner/operator to remove the tower. Unused or abandoned nontower WCFs or portions of nontower WCFs shall be removed as follows:

[a] All abandoned or unused nontower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, or from the time the municipality provides notice, unless a time extension is approved by the Township.

[b] If the nontower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the nontower WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the nontower WCF and/or the owner of the property on which the nontower WCF is located.

[c] Prior to the issuance of a zoning permit, the owner/operator of the nontower WCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this chapter. Security shall be an amount to cover the nontower WCF removal and site cleanup. The security shall be utilized by the Township in the event the owner or operator of the nontower WCF does not remove the facility as outlined in Subsection U(2)(a)[8][a] and [b] above or to recover any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. Should the posted security not cover the costs associated with the removal of the facility for whatever reason, the Township may seek restitution from the owner of the property on which the facility is located.

[9] Indemnification. Each person that owns or operates a nontower WCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, Engineer, Solicitor, Planner, agents, and other relevant professional consultants at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees, or contractors arising out of but not limited to the construction, installation, operations, maintenance, or removal of a nontower WCF. In addition, the owner of the property on which a nontower WCF is located shall also, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, Engineer, Solicitor, Planner, agents, and other relevant professional consultants at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees, or contractors arising out of but not limited to the construction, installation, operations, maintenance, or removal of a nontower WCF. The obligation to indemnify, hold harmless, and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.

(b) Nontower WCF development regulations: no substantial change. If the application or eligible facilities request for a nontower wireless communications facility or base station is a co-location, modification, or a replacement that does not substantially change the existing wireless support structure, then the requirements contained herein will be applicable. This does not include first time co-locations on wireless support structures other than a tower.

[1] Permitted in all zoning districts. Nontower WCFs are permitted in all zoning districts.

[a] Zoning permit required. Co-locations or modifications of nontower WCFs or transmission equipment on existing wireless support structures or base stations are subject to the initial zoning or land use approvals for the previously approved wireless support structure or nontower WCF, and subject only to the zoning permit review and approval process of the Township.

[b] No zoning permit required. Replacement of nontower WCFs or transmission equipment on existing wireless support structures or base stations, without an increase in wind or structural load, may be performed by the applicant without obtaining a zoning permit.

[2] Timing of approval. Within 30 calendar days of the date that an application for a co-location, modification, or replacement of a nontower WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. If additional information is requested by the Township to complete an application, the time period for review may be tolled by mutual agreement. Within 60 calendar days of receipt of the application, accounting for tolling, the Township must approve the application and shall advise the applicant, in writing, of such decision.

[a] A determination of incompleteness must specifically delineate all missing information and specify the code provision, ordinance, application instructions or otherwise publicly stated procedures that require the information to be submitted.

[b] Following an applicant's resubmission in response to a determination of incompleteness, the Township may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first 30 days.

[c] The sixty-day review period begins running again when the applicant makes its supplemental resubmission; however, the review period may be tolled, once again, if the Township notifies the applicant within 10 days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information.

(c) Nontower WCF development regulations: substantial change. If the application for a nontower wireless communications facility or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure, or is the initial placement of a nontower WCF on a wireless support structure other than a tower, then the requirements contained herein will be applicable.

[1] Permitted in all zoning districts. Nontower WCFs are permitted in all zoning districts subject to the initial zoning or land use approvals for the previously approved wireless support structure or nontower WCF. These WCFs are subject to the zoning permit review and approval process of the Township. Conditional use approval may be required as noted.

[2] 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 nontower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the nontower 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.

[3] Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

(d) Nontower WCFs outside the rights-of-way. If the application for a nontower wireless communications facility or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure or is the initial placement of a nontower WCF on a wireless support structure other than a tower and is located outside the right-of-way, then the requirements contained herein will be applicable.

[1] Development regulations. Nontower WCFs shall be collocated on existing wireless support structures/base stations, subject to the following conditions:

[a] Such nontower WCF does not exceed the maximum permitted height of the existing wireless support structure.

[b] If the nontower 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.

[c] An eight-foot-high security fence 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] Design regulations.

[a] Nontower WCFs shall be treated to match the supporting structure in order to minimize aesthetic impact.

[b] Nontower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the nontower WCF applicant obtains a conditional use permit.

[c] All nontower-based WCF applicants must submit documentation to the Township justifying the total height of the nontower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

[d] Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

[3] Site plan required. If the application for a nontower wireless communications facility includes the installation of a base station or other aboveground equipment compound, the applicant shall submit a site plan showing, at a minimum, the following items:

[a] Locations of all existing and proposed uses on the subject site including the proposed nontower WCF.

[b] Elevations and drawings of any existing uses and proposed nontower WCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antennas, etc., proposed and/or existing.

[c] Site boundary, lease area boundary, zoning data, setbacks/yards, and adjacent uses.

[d] Vehicular access, fencing, landscaping, utility and/or access easements.

[e] Location and contents of the equipment compound, including but not limited to fuel and battery storage, hazardous materials, cabinets, guy wires, etc. Information regarding hazardous materials shall be listed in a note on the plans.

[f] Floodplain areas, if applicable, as described in § 225-24.

[4] Inspection. The Township reserves the right to inspect any nontower WCF to ensure compliance with the provisions of this chapter 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 nontower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(e) Nontower WCFs in the rights-of-way. If the application for a nontower wireless communications facility or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure or is the initial placement of a nontower WCF on a wireless support structure other than a tower and is located in the right-of-way, then the requirements contained herein will be applicable.

[1] Co-location. Nontower WCFs in the right-of-way shall be located on existing poles/base stations, such as existing utility poles or light poles or other wireless support structures.

[2] Design requirements.

[a] Nontower WCF installations located above the surface grade in the public right-of-way, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[b] Antennas and all support equipment shall be treated to match the supporting structure. Nontower WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

[3] Equipment location. Nontower 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 right-of-way as determined by the Township. In addition:

[a] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb;

[b] Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be placed underground, then all such equipment 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 be screened to blend in with the surrounding area to the satisfaction of the Township.

[d] Any graffiti on the nontower WCF or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[e] Any underground vaults related to nontower WCFs shall be reviewed and approved by the Township.

[4] Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, 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]

[6] Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

[5] Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a nontower WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any nontower 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.

[6] Compensation for right-of-way use. In addition to permit fees, every nontower WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. This fee is intended to defray any costs which may be incurred by the Township to review the application and manage the rights-of-way, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each nontower 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 right-of-way management fee for nontower WCFs shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual right-of-way management costs as applied to such nontower WCF.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).