Township of Charlestown, PA
Chester County
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Table of Contents
Table of Contents
The overall intent of these general provisions to identify certain supplementary regulations and standards which are either common to all zoning districts or pertinent to a specific district stated herein.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
1. 
Exemptions. This chapter shall apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation, unless, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after public hearings, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. The Pennsylvania Public Utility Commission is responsible for insuring that the Township receive notice of such public hearings and the Township is afforded the opportunity to appear, present witnesses, cross examine witnesses and to otherwise exercise rights of a party to the proceedings.
2. 
Lot Area and Coverage. The minimum lot area and maximum coverage regulations of this chapter shall apply to public utility facilities, unless the Pennsylvania Public Utility Commission decides the proposed building in question is reasonably necessary as stated above, provided, however, that all yard and maximum height regulations shall apply, except for necessary towers, poles and lightning rods and arresters.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
Electric and telephone wiring shall be placed underground for every structure, dwelling or other use in all Residential Districts and in the Historic District.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
1. 
Where an unimproved lot is situated between two improved lots having on each a principal building within 25 feet of the common side lot line of such unimproved lot, which extends beyond the required front yard of each such improved lot and has been maintained prior to the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
2. 
Where an unimproved lot adjoins only one improved lot having a principal building thereon within 25 feet of the common side lot line which extends beyond the required front yard setback of such improved lot and has been so maintained prior to the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent, improved lot and the front yard required in the district in which such unimproved lot is located, notwithstanding the yard requirements of such district.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
No building or part thereof shall be erected within, or shall project into, any required yard in any district except for unenclosed porches, terraces, patios, platforms or other uncovered spaces, buttresses, chimneys, cornices, piers or pilasters, unenclosed fire escapes, steps, bay windows and balconies; and, accessory use structures as provided in § 27-1608, herein.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
On any lot, no wall, fence or other structure shall be erected or maintained, and no hedge, tree, shrub or other growth, shall be maintained which may cause danger to traffic on a street by obscuring the view.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
No fence or wall, except a retaining wall, or a wall of a building permitted under the terms of this chapter, over six feet in height, shall be erected within any of the required yards, unless that portion of the fence or wall which exceeds six feet in height has a ratio of open space to solid area of at least four-to-one.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
The Board of Supervisors shall determine that the height regulations prescribed within this chapter maybe be exempted for spires, steeples, belfries, cupolas or domes not used for human occupancy or for chimneys, ventilating fans, air conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water tanks, utility poles or towers, communication towers subject to the provisions of § 27-1002, Subsection 1B(3), windmills, silos, smokestacks, and ornamental or other necessary mechanical appurtenances.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1; and by Ord. 132-2005, 11/21/2005, § 2]
1. 
Accessory uses, buildings and structures shall include, but not necessarily be limited to the following:
A. 
Uses, Buildings and Structures Accessory to Agriculture.
(1) 
The keeping, breeding and management of livestock and poultry in accordance with § 27-1615 herein.
(2) 
The sale of farm products produced on the property provided that no roadside stands used for such sale shall remain on the property during seasons when products are not sold, and that adequate parking and provisions for safe egress and ingress be provided.
(3) 
Greenhouses (excluding commercial greenhouses where not permitted in a District).
(4) 
Quarters for tenants employed on the premises provided, however, that where such quarters are within a building detached and separate from the principal dwelling, there shall be a minimum lot area equal to the product of the minimum lot area of the district, multiplied by the number of separate dwelling units on the lot.
B. 
Uses, Buildings and Structures Accessory to Dwellings.
(1) 
Detached private garage, private parking space, private stables on not less than four acres, barn, shed, shelter for pets owned by the property owner, swimming pool in accordance with § 27-1613, cabana and private greenhouse.
(2) 
Quarters for guests and servants, provided that:
(a) 
Such quarters shall only be permitted as a conditional use.
(b) 
Only one guest house or servants quarters shall be permitted per lot.
(c) 
The gross square footage shall not exceed 1,000 square feet.
(d) 
Such quarters shall be no closer to any side or rear lot line than 40 feet.
(3) 
The renting of rooms within the dwelling which the lessor resides, or in a building accessory thereto, to not more than two persons.
(4) 
Pole, mast, tower or other structure when erected and operated by the occupier thereof, who is an amateur radio operator duly licensed by the Federal Communications Commission, subject to the determination made by the Board of Supervisors as defined in § 27-1607.
C. 
Accessory Use Structures in Yards.
(1) 
In any district, if not specified otherwise, accessory use structures or buildings may be located, erected, or maintained in the side yard that does not abut the street, or, in any rear yard, provided that in no case shall such accessory use structure or building be closer to any property line than 20 feet, except for boundary fences, approved shared driveways and subsurface utilities other than on-site sanitary systems.
(2) 
For side yards which abut a street and for front yards, the determination of whether an accessory use structure or building may be located, erected or maintained shall be made by the Board of Supervisors upon the recommendation of the Planning Commission.
2. 
In no event shall accessory buildings on a lot exceed 50% of the ground floor area of the permitted principal structure except if at all upon a grant by the Board of Supervisors of a conditional use permit therefore.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1; and by Ord. 165-2010, 12/6/2010, § 2]
Vehicular ingress and egress between any lot and an abutting street, for any use permitted in this chapter, shall be so located and so designed as to further the purpose of this chapter as set forth in § 27-102 and shall be in accordance with the provisions of Part 13. Except in the case of a "flag" lot, the location of a driveway or street providing access to a lot shall be located at a point on the front lot line so as to comply with side yard setback requirements.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
1. 
Reduction in Minimum Lot Width at the Street Line. The subdivision of land shall allow for the mutual sharing of the minimum lot width at the street line by not more than three lots, provided, however, that any shared driveway must conform to the minimum and maximum grade requirements for driveways set forth in the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time; and, further, provided that any shared driveway which exceeds 1,000 feet must conform to all design standards for local secondary streets set forth in the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.
2. 
Street Standards. No subdivision shall be created which creates a situation whereby more than three lots have access onto a street which does not conform to Part 5 of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time, pertaining to design standards for streets, curbs and gutters, and the like.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
1. 
A single-family detached dwelling existing prior to the effective date of this chapter, may be converted into, and used as, a two-family or multi-family dwelling, when authorized as a conditional use, provided that:
A. 
The plans submitted for the conversion of said dwelling shall be submitted to the Board of Supervisors, accompanied by certificate of approval by the Pennsylvania Department of Labor and Industry when two or more families are to be housed above the ground floor.
B. 
Such plans shall provide adequate and suitable parking in accordance with Part 13.
C. 
Such dwelling shall be subject to the height, area, width and yard regulations effective in the district wherein such dwelling is situated, except that there shall be a lot area not less than the product of the minimum lot area prescribed in the district regulations and the number of families for the use of which such dwelling is to be converted.
D. 
There shall no external alteration of the building except as may be necessary for reasons of safety, and fire escapes and outside stairways shall, where practicable, be located in the rear of the building.
E. 
The Board of Supervisors may prescribe such further conditions and restrictions with respect to the conversion and use of such dwelling, and to the use of the lot, in accordance with § 27-1809.
[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 3; by Ord. 125-2004, 12/20/2004, § 1; and by Ord. 176-2011, 11/7/2011, § 1]
No building or other structure shall be erected closer than 100 feet to the nearest bank of any watercourse or pond.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
1. 
Swimming pools permitted as an accessory use shall comply with the following conditions and requirements:
A. 
The pool is intended, and is to be used, solely for the enjoyment of the occupant of the principal use of the property on which it is located, and their guests which may be within.
B. 
It may not be located, including any walks, or paved area or accessory structures adjacent thereto, closer than 20 feet to any property line which may be within either the rear yard or side yard of the property on which it is an accessory use.
C. 
The swimming pool area or the entire property on which it is located shall be so walled or fenced or otherwise protected so as to prevent controlled access by children from the street or from adjacent properties. Such fences or walls shall not be less than four feet in height, maintained in good condition, and shall conform to § 27-1606, herein.
[Ord. 6/20/1979; as amended by Ord. 112-2003, 11/17/2003, § 3; and by Ord. 125-2004, 12/20/2004, § 1]
1. 
Standards for Home Occupation.
A. 
A minimum of two off-street parking spaces in addition to those required of residential units shall be required.
B. 
No more than one person or the equivalent of one person shall be employed full-time by the resident.
C. 
The area used for the practice of a home occupation shall occupy no more than 20% of the total floor area of the dwelling unit. No manufacturing, repairing or other mechanical work performed in connection with such home occupation, shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the property line.
D. 
No outside storage of materials or products shall be permitted.
E. 
No external alterations shall be permitted to the dwelling units except those customarily in the residential buildings.
F. 
No products shall be sold on the premises.
G. 
No signs or outside advertisement shall be permitted.
2. 
Standards for Major Home Occupation.
A. 
A minimum of five off-street parking spaces in addition to those required of residential units shall be required.
B. 
No more than two persons or the equivalent of two persons shall be employed full-time by the resident.
C. 
The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit. No manufacturing, repairing or other mechanical work performed in connection with such home occupation, shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the property line.
D. 
No outside storage of materials or products shall be permitted.
E. 
No external alterations shall be permitted to the dwelling unit except those customarily in the residential building.
F. 
No more than one sign of up to three square feet shall be permitted.
G. 
No major home occupation shall be permitted or conducted in an apartment dwelling.
3. 
No-Impact Home-Based Business.
A. 
A "no-impact home-based business" is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
B. 
Such business or commercial activity shall satisfy the following requirements:
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
The business shall employ no employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5) 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the total floor area of the dwelling unit.
(8) 
The business may not involve any illegal activity.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1; by Ord. 164-2010, 12/6/2010, § 2; and by Ord. 170-2011, 3/7/2011, § 1]
1. 
This purpose of this section is to regulate the keeping of agricultural animals in order to protect human and animal health; to prevent erosion, minimize off-site impacts of agricultural uses and reduce the safety hazards and potential nuisances of straying animals and enable enforcement of these provisions.
A. 
The total number of livestock animals permitted on any lot shall be computed according to the total number of acres comprising the lot and the following number of acres required per animal. A minimum lot area of four acres is required to keep: one horse or cow; or up to 10 swine or sheep; or up to 20 fowl; or up to 50 chickens. For lot areas in excess of four acres, the number of additional animals that may be kept shall be in accordance with the following table: (Animals not referenced below shall be judged according to the requirement for animals of a similar size.)
Livestock, Poultry
Acres Required/Animal
Horse
1.0
Dairy Cow
1.0
Beef Cattle
1.0
Swine
0.1
Sheep
0.1
Fowl
0.05
Chicken*
0.02
* Chickens may be raised for noncommercial purposes on lots of one acre to 3.99 acres in size subject to Subsection 1E.
B. 
No person owning or having in his/her custody livestock or poultry shall maintain such so as to create any health or safety hazard or obnoxious or foul odor, except to the minimum practical extent inherent in the nature of keeping said livestock or poultry, in particular:
(1) 
No manure storage shall be established closer than 150 feet to any property line.
(2) 
No manure storage shall be established closer than 100 feet to any wells, springs, sinkholes, or on steep or very steep slopes adjacent to any lakes, ponds and streams.
C. 
No person owning or having in his/her custody livestock or poultry shall permit same to go at large to the injury or annoyance of others, nor shall livestock or poultry be permitted at large upon the streets or other public ways of the Township. Such action is hereby declared to be a nuisance and dangerous to the public health and safety.
(1) 
Fencing for the containment of livestock shall be located no less than 10 feet from any lot line or street right of way line.
D. 
Muddy, dusty, or uncrossed pasture areas that are denuded of grass and creating problems associated with stormwater runoff shall be stabilized to minimize erosion.
E. 
Keeping Chickens. Keeping female chickens for a non-commercial purpose on lots of between one acre to 3.99 acres shall be permitted subject to the provisions set forth below, which limit the potential adverse impacts to the surrounding neighborhood, by creating basic standards and requirements.
(1) 
Purpose.
(a) 
The keeping of chickens by residents for personal use support a local, sustainable food system by providing an affordable, nutritious source of protein through fresh eggs.
(b) 
The keeping of chickens provides free, quality, nitrogen-rich fertilizer; chemical-free pest control; animal companionship and pleasure; weed control; and less noise, mess and expense than dogs and cats.
(c) 
It is a concern that keeping chickens outside the agricultural security area of the Township and on lots less than four acres in size within residential areas may create adverse impacts on others from the keeping of domesticated chickens as a result of noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects, or parasites, and non-confined animals leaving the owner's property.
(2) 
The keeping of chickens on lots of four acres or more shall be regulated by Subsection 1E(1) above.
(3) 
Female chickens may be kept in any residential district as an accessory use on lots of one acre to 3.99 acres subject to the following:.
(a) 
No more than 10 hens shall be allowed for parcels between one and 1.99 acres.
(b) 
No more than 20 hens shall be allowed on lots between two and 2.99 acres.
(c) 
No more than 30 hens shall be allowed on lots of three and 3.99 acres.
(d) 
No roosters shall be allowed on parcels less than four acres in size.
(e) 
There shall be no outside slaughtering of poultry.
(f) 
A secure shelter, i.e., "a coop" shall be provided that is enclosed on all sides and covered by a roof suitable to prevent predation.
(g) 
When outside, chickens shall be confined by suitable fencing and shall not roam free.
(h) 
The coop shall be situated not closer than 50 feet from the nearest property line.
(i) 
Enclosures must be kept in a neat and sanitary condition at all times, and cleaned on a regular basis to prevent off site odors.
(j) 
The keeping of chickens shall be for personal, not commercial purposes.
(4) 
A total of six female chickens may be kept on a property of any size in the Historic District subject to Subsection 1E(3)(d), (3)(e), (3)(f), (3)(g), (3)(i) and (3)(j) above.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
1. 
In order to more effectively evaluate subdivision and/or land development proposals, the landowner and/or applicant may be required to disclose the environmental consequences or effects of such proposals through the submission of an environmental impact assessment (EIA) report.
A. 
An EIA report shall be submitted for the following types of application:
(1) 
Tentative approval for planned residential development.
(2) 
Preliminary plan for any proposed subdivision or land development in the Historic, Institutional, Neighborhood Commercial, Industrial/Office, Business-1, Limited Industrial/Business, Flood Hazard or Steep Slope Conservation Districts, or for any proposed subdivision or land development in the FR, Farm Residential, R-1, Residential-1, or PRD, Planned Residential Districts, involving the creation of more than three lots or the construction of more than three dwelling units.
B. 
In addition, an EIA report shall be submitted as required in § 22-708, of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.
C. 
The content of the EIA report shall be in accordance with the provisions governing same in § 27-708, of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1; and by Ord. 159-2010, 10/4/2010, § 7]
1. 
It is the intent of these regulations to prevent land, buildings or other structures including those permitted by right, by conditional use or otherwise in the Industrial/Office District, Business-1 District, Limited Industrial/Business District, Neighborhood Commercial District, R-1 — Residential Districts or planned residential developments and mobile home parks in Planned Residential Districts from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition, such as: fire, explosion, or other hazards; noise or vibration; traffic congestion, glare or heat; conditions conducive to the breeding of rodents or insects; or other substances, conditions or elements in a manner or amount as to adversely affect the surrounding area. All uses shall operate in conformance with the environmental controls, and relevant statutes, codes, rules and other regulations of the United States Government, the Commonwealth of Pennsylvania, the County of Chester and governmental, quasi-governmental and governmentally regulated bodies, companies, authorities and like entities (herein "federal, state and local law"). The most stringent regulation applicable shall govern.
2. 
All plans for proposed development in the Industrial/Office District, Business-1 District, Limited Industrial/Business District, Neighborhood Commercial Districts, R-1 — Residential District and for planned residential development and mobile home parks in Planned Residential Districts shall illustrate, depict, note or otherwise demonstrate compliance with the regulations within this section.
3. 
Without limiting the applicability and generality of the provisions of Subsection 1, herein, the provisions of Subsections 4 through 10 reflect the present, particular concern of the Township.
4. 
Noise Control. The following provisions shall apply to any noise-producing source located in all zoning districts:
[Amended by Ord. 2015-193, 10/5/2015]
A. 
No person shall make, continue or cause to be made or continued, any noise disturbance.
B. 
The following acts and the causing thereof, are declared to be noise disturbances and, therefore, in violation of this chapter:
(1) 
Operating, playing or permitting the operation or playing or any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile stereo or high fidelity equipment or similar device which produces, reproduces or amplifies sound:
(a) 
At any time in such manner as to cause a noise disturbance across a lot line or between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day in such a manner so as to be audible across a lot line of the receiving land use.
(b) 
In such a manner as to create a noise disturbance across such a lot line or at 50 feet from such source, whichever is less, when the source is operated in, from or on a motor vehicle, or hand carried, on a public right-of-way or public space.
(c) 
In such a manner and at a time as to cause a noise disturbance and which disturbs the peace and quiet of the immediate neighborhood.
(2) 
Engaging in loud or raucous yelling, shouting, hooting, whistling or singing on the public streets between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day; or at any time or place in such a manner as to cause a noise disturbance.
(3) 
Operating or permitting the operation of any tools or equipment used in construction operations, drilling or demolition or other work; or in the sweeping of parking lots in areas adjacent to residential districts or within 1,000 feet of residential districts between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day on weekdays and Saturdays or at any time on Sundays or legal holidays, such that the sound therefrom causes a noise disturbance across a residential lot line of the receiving land use, except for emergency work.
(4) 
Operating or permitting the operation of any electrically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar devices used outdoors between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day so as to cause a noise disturbance across a lot line of the receiving land use.
(5) 
Loading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans or other objects between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day in such a manner as to cause a noise disturbance across a residential lot line. This section shall not apply to Township or utility services in or about the public right-of-way.
(6) 
Owning, possessing, harboring or controlling any animal or bird which howls, barks, meows, squawks or makes other sounds continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night regardless of whether the animal or bird is situated in or upon private property; provided, however, that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other cause which teased or provoked the animal or bird.
(7) 
Offering for sale or selling by shouting or outcry or by other amplified or unamplified sound except between the hours of 7:00 a.m. of one day and 7:00 p.m. of the same day, provided that same is done at no time in such a manner as to violate Subsection 4E herein.
(8) 
The removal or rendering inoperative by any person, other than for purposes of maintenance, repair, replacement or other work, of any muffler or sound dissipative device or element of design or noise label of any product; the intentional moving or rendering inaccurate or inoperative of any sound monitoring instrument or other device positioned by or for the Township or other governmental entity, provided such device or the immediate area is clearly labeled, or posted, to warn of the potential illegality; and, the use of a product which has had a noise label removed or rendered inoperative, with knowledge or reason to know that such action has occurred.
(9) 
Repairing, rebuilding or testing or otherwise working on any motorcycle or other motor vehicle, a motorboat or aircraft in such a manner as to cause a noise disturbance across a lot line of the receiving land use.
C. 
The following provisions shall govern motor vehicle noise controls:
(1) 
No person shall operate or cause to be operated a public or private motorcycle or other motor vehicle, or any equipment attached to such a vehicle, on a public right-of-way at any time in such a manner that the sound level emitted by the motorcycle or other vehicle, or any equipment attached to such a vehicle exceeds the level set forth in the official Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, Chapter 450, Established Sound Levels, as promulgated under the Vehicle Code, P.L.162, No. 81, 75 Pa.C.S.A. § 101 et seq.
(2) 
No person shall operate or permit the operation of any motorcycle or other motor vehicle, or any auxiliary equipment attached to such a vehicle, for a period longer than 15 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, anywhere within 150 feet of any residence in such a manner as to cause a noise disturbance across a lot of the receiving land use.
(3) 
No person shall at any time sound the horn or other warning device except when absolutely necessary as a warning of a clear and present danger of imminent harm.
(4) 
No person shall operate sound amplifying equipment mounted on, or attached to, any motor vehicle at any time in such a manner as to exceed maximum permissible motor vehicle noise emissions.
D. 
The noise from any of the aforesaid prohibited acts that disturbs two or more residents or other owners in use or occupancy who are in agreement as to the times and durations of the noise and who occupy separate residences or other buildings, including apartments, townhouses, and the like, located across the lot line of the receiving land use, shall be prima facie evidence of a noise disturbance.
E. 
No person shall operate or cause to be operated any noise producing source in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table, more than 10% of any measurement period, which shall not be less than 30 minutes nor more than 60 minutes when measured at or beyond the lot line of the receiving land use in a District other than I/O, B-1, LI/B, NC or PRD. Any sound source that produces sound in excess of those levels shall constitute a noise disturbance.
Sound Levels by Receiving Land Use
Receiving Land Use Category
Time
Sound Level Limit dBA
Residential
Farm Residential
Planned Residential
7:00 a.m. to 7:00 p.m.
57
Historic or Institutional
7:00 p.m. to 7:00 a.m.
52
Neighborhood Commercial
At All Times
65
Industrial/Office
Business-1
Limited Industrial/Business
At All Times
75
F. 
Notwithstanding the provisions of Subsection 4E herein, for any noise producing source of sound the maximum sound level shall not exceed the sound level limits in the table above by:
(1) 
Ten dBA from 7:00 a.m. of one day to 7:00 p.m. of the same day in a residential zone.
(2) 
Five dBA from 7:00 p.m. of one day to 7:00 a.m. of the following day in a residential zone.
(3) 
Ten dBA at all times for other land uses.
G. 
A violation of Subsections 4E and 4F above shall be construed to occur when the dBA limits are exceeded more than once during any consecutive ten-day period.
H. 
In the event the background ambient sound levels set forth in Subsection 4E, the sound level of the intrusive noise producing source shall be measured with the ambient background sound level being substituted as the sound level limit in Subsection 4E.
I. 
Sound shall be measured at or beyond the lot line of the receiving land use.
J. 
Any noise which occurs on a lot which, according to this chapter is being used in a legally nonconforming manner, and which noise relates to said use, shall be judged as if the lot bore a zoning designation under which the use would be conforming.
K. 
All sound measurements shall be made on a sound level meter calibrated in the manner required by the manufacturer's specifications and such meter shall be approved by the American National Standards Institute (ANSI) or its successor body or such other society, organization or the like approved by the Board of Supervisors. All sound level measurements shall be taken at an elevation five feet above the ground.
L. 
The following sounds are exempted from the provisions above:
(1) 
Blasting only if performed in accordance with a permit issued by the Fire Marshal. Such blasting may occur only between 9:00 a.m. and 4:00 p.m., Monday through Friday, unless specifically authorized otherwise by the permit.
(2) 
Band concerts, church carnivals or other performances or similar activities publicly or privately sponsored and presented in any public or private space outdoors shall be exempt from the provisions of this chapter provided such activities do not produce sound 15 dBA in excess of the sound levels set forth in Subsection 4E herein, and do not occur between 10:00 p.m. on one day and 10:00 a.m. on the following day.
(3) 
Sounds caused by the performance of emergency work, or by the ordinary and accepted use of emergency apparatus and equipment.
(4) 
Sounds resulting from the repair or replacement of any Township or utility installation in or about the public right-of-way.
(5) 
Sounds not electronically amplified, created by organized school related programs, activities, athletic and entertainment events, or other public programs, activities or events, other than motor vehicle racing events.
(6) 
Sounds made by warning devices operating continuously for three minutes or less except in the event of an actual emergency the time limitation shall not apply.
5. 
Vibration Control. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line of the receiving land use; not shall any vibration produced exceed 0.002g peak measured at or beyond the aforesaid lot line using either seismic or electronic vibration measuring equipment.
6. 
Storage and Fill Controls.
A. 
No flammable, combustible or explosive liquids, solids or gases shall be stored in bulk above the ground except in tank or drums for fuel directly connecting with energy devices, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel. All such tanks or drums shall be painted or otherwise coated white or other heat reflective color. All federal, state and local laws shall be met.
B. 
All storage facilities for fuel, raw materials and products stored outdoors including those permitted in Subsection 6A above shall be enclosed by a fence of a type, construction and size as shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also constitute a contiguous visual buffer. All federal, state and local laws shall be met.
C. 
No materials or wastes, except for those related to normal agricultural activities, shall be deposited, buried or used for fill upon a lot in such form or manner that they may contaminate or otherwise pollute a stream or other watercourse or otherwise render such stream or other watercourse undesirable as a source of water supply or recreation (remote or immediate) or destroy or otherwise harm aquatic life, enter any stream or other watercourse, or cause or contribute to a violation of federal, state or local law.
D. 
No materials or wastes, except for those related to normal agricultural activities, shall be deposited, buried or used for fill upon a lot in such form or manner that they may damage, destroy, or create hazards or contamination to humans, terrestrial wildlife contaminate or wildlife, soil and/or vegetation.
E. 
Underground storage of flammable, combustible, explosive or other hazardous substances or materials and the construction or installation of tanks and other receptacles therefore, shall be in accordance with the Fire Prevention Code and subject to the approval of the Fire Marshal to the extent such approval is not preempted by federal or state law. Any such approval, if given, may be given, subject to conditions deemed necessary to protect the public health, welfare and safety.
F. 
All materials or wastes which cause or are reasonably likely to cause fumes, odors or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. All federal, state and local laws shall be met.
7. 
Glare and Heat Control. Direct or sky-reflected glare, whether from spotlights, floodlights or from high temperature processes such as combustion or welding or from other sources so as to be visible at the lot line of the receiving land use, are not permitted. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line of the receiving land use.
8. 
Fire and Explosion Control. All activities and all storage of flammable, combustible and explosive materials at any point within a lot shall be provided with adequate safety and firefighting devices in accordance with the ICC Fire Prevention Code in effect at the time such activity or storage is occurring.
9. 
Traffic Control.
A. 
Whenever an environmental impact assessment (EIA) report is required by this chapter or the Subdivision and Land Development Ordinance [Chapter 22], the following provisions shall apply:
(1) 
No activity shall occur which would adversely affect traffic flow and/or prevent traffic controls within the Township.
(2) 
To minimize potential adverse conditions, the level of service for traffic along any portion of a road which leads to the points of ingress and egress of a tract or other proposed property shall be a level of service "C" or better. The term "level of service" and the categories thereof are used herein in accordance with the definitions or meanings ascribed thereto in the document entitled: Trip Generation, An Institute of Transportation Engineer Informational Report, Second Edition, 1979, or the edition in use at the time a development or other building application is made.
(3) 
The determination of levels of service shall be made after an experienced Transportation Engineer/Traffic Consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report, and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations in particular the following chapters: 471-610 pertaining to Engineering & Traffic Studies; 471-611 pertaining to Maintenance and Protection of Traffic; and, 471-615 pertaining to Official Traffic — Control Devices. Said study shall indicate compliance with the requirement for a level of service "C" or better as set forth in Subsection 4C(2) herein, and shall include the date upon which the conclusions of said study are based, including, without limitation, traffic counts, the hours thereof, the dates thereof, and the types of motor vehicles comprising such counts.
(4) 
All streets and/or intersections showing a level of service below "C" shall be considered deficient and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to the following elements: internal circulation design, site access location and design, external street and intersection design and improvements, traffic signal installation and operation, including signal timing.
10. 
Soil Erosion, Sedimentation and Grading Control. No construction or development activity shall occur unless in strict compliance with the Charlestown Township Stormwater Management Ordinance [Chapter 23]. Such reference is made to call particular attention to the controls which shall be exercised when clearing trees and other vegetation, or otherwise changing or altering the land form.
11. 
Nonradioactive Liquid or Solid Wastes. There shall be no discharge at any point into any public or private sewage disposal systems or stream, or into the ground, of any liquid or solid materials except in accordance with the laws and regulations of the United States, the State of Pennsylvania, Chester County, and Charlestown Township.
[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 4; by Ord. 125-2004, 12/20/2004, § 1; and by Ord. 176-2011, 11/7/2011, § 2]
1. 
Except as required otherwise under the Stream Valley restriction regulations of § 27-1612, no building shall be erected within 50 feet of any wetland to enable the regeneration of vegetation in order to enhance or create wetland and riparian forest buffers.
2. 
The Board of Supervisors shall approve all landscape plans for proposed plantings along all watercourses to insure that species selection is appropriate and does not involve the use of invasive plants.
[Ord. 6/20/1979; as amended by Ord. 115-2004, 2/23/2004, § 2; and by Ord. 125-2004, 12/20/2004, § 1]
1. 
Conditional Use Standards and Criteria for Bed and Breakfast Inns.
A. 
A bed and breakfast inn shall only be permitted in a single-family detached dwelling that is an historic resource. The owner of the historic resource shall reside in the premises and operate the bed and breakfast inn.
B. 
Such use may only be located in an FR or R-1 District if the historic resource fronts upon a minor arterial, major collector, or minor collector road as shown on the Historic Resources Map.
C. 
Such use shall be limited to five guest rooms to accommodate a maximum of 10 guests in any single evening. All guest rooms shall be located within the existing single-family detached dwelling. A diagram of the premises indicating the room or rooms within the dwelling to be utilized for guest occupancy shall be submitted with the application for conditional use.
D. 
No guest shall be registered more than 21 consecutive nights, nor 30 cumulative nights during a six-month time period.
E. 
The minimum lot area for a bed and breakfast inn with up to three guest rooms shall be 80,000 square feet. Whenever there are four or five guest rooms, the minimum lot area shall be 100,000 square feet and 120,000 square feet respectively.
F. 
Every bed and breakfast inn shall provide bathroom facilities in accordance with the following minimum requirements:
Total Number of Guest Rooms
Total Guest Bathroom Facilities
1 to 2
1
3
2
4 to 5
3
Said bathroom facilities shall be located on each floor where guest quarters are provided. The living quarters for the residents shall have separate bathroom facilities. Bathrooms shall be equipped with a toilet, wash basin, bath and/or shower.
G. 
The dwelling housing the bed and breakfast inn shall not be structurally or physically altered (except for regular maintenance and repairs). The exterior of the dwelling shall maintain the appearance of a single-family detached dwelling.
H. 
The bed and breakfast inn use shall be subordinate to the residential use of the owner and shall be operated by the owner. There shall be no more than an equivalent of two full-time nonresident employees, in addition to the resident family members.
I. 
There shall be no separate or secondary kitchen or cooking facilities on the property, in the dwelling or in any guest room. Food served to guests on the premises shall be limited to only breakfast and afternoon tea.
J. 
The application for conditional use shall be accompanied by certification from the Chester County Health Department that the existing sewage system can accommodate maximum usage proposed by the bed and breakfast inn. 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.
K. 
If the bed and breakfast inn is not connected to a public water supply system, a certificate issued by a licensed testing laboratory, which certifies that the drinking water serving the residence is potable, shall be submitted at the conditional use hearing.
L. 
The bed and breakfast inn shall require an occupancy permit issued by the Zoning Officer prior to the opening of the bed and breakfast Inn for the accommodation of guests. Any request for the issuance of an occupancy permit shall be accompanied by a copy of the order of the Board of Supervisors, approving a conditional use for the property upon which the bed and breakfast inn will be maintained and operated. The owner/operator shall provide evidence of current ownership of the property at the conditional use hearing and upon application for the occupancy permit. A bed and breakfast inn shall not be operated at any time without a valid occupancy permit.
M. 
No occupancy permit shall be issued unless the applicant has demonstrated compliance with the terms and conditions set forth by the Board of Supervisors in its conditional use order.
N. 
A bed and breakfast inn shall be operated in compliance with the terms and conditions set forth in the conditional use order and those set forth in § 27-1809.
O. 
A bed and breakfast inn shall be limited to one sign which shall not exceed three square feet in area. The design of the sign shall utilize natural materials only and shall be submitted with the application for the conditional use. Temporary signs are prohibited.
P. 
One off-street parking space per bedroom used for the bed and breakfast inn and one space for each full-time equivalent nonresident employee shall be provided on the premises, in addition to other off-street parking spaces required in Part 13.
Q. 
The Zoning Officer may inspect the facility at any time with notice, including any on-lot sewage disposal and any on-lot water systems, and determine whether it is in compliance with the provisions of this chapter and any conditions of the conditional use order or occupancy permit. The occupancy permit may be revoked if the property is not in compliance.
R. 
The bed and breakfast inn shall comply with all fire safety and Department of Labor and Industry requirements.
S. 
An occupancy permit issued for a bed and breakfast inn shall be valid for five years from the date of issuance. The permit shall be renewed every five years. The application procedure and fee shall be the same as applicable to Township occupancy permits in general. The initial and renewal permit shall not be issued until the facility has been inspected by the Zoning Officer to insure compliance with all applicable ordinances and regulations, the conditional use order and, if a renewal application, the original occupancy permit.
T. 
An occupancy permit for the operation and maintenance of a bed and breakfast inn shall be issued only to an individual or individuals who own and reside within the residence for which the permit is sought.
U. 
The dwelling that houses the bed and breakfast inn shall not include a boarding house or dormitory.
V. 
If a property is used for a bed and breakfast inn, it shall not also be used for an adaptive reuse.
2. 
One of the following adaptive reuses, outside the Charlestown Village Historic District, may be allowed at an historic resource as a conditional use, as an incentive to save and maintain historic resources, subject to the provisions of Subsection 3, and subject to Part 13, unless expressly provided for otherwise below:
A. 
For properties that front upon a minor arterial or major collector road as shown on the Historic Resources Map:
(1) 
Art gallery.
(2) 
Studio (art and craft) — for the design, manufacture, and sale of: pottery, jewelry, leather craft, fine arts, or photos.
(3) 
Historical authentic trade and service such as: tinsmith, weaver, basket maker, candlestick maker, glassblower, quilt maker, or furniture maker.
(4) 
Antique shop.
(5) 
Museum, nature center, public garden, or other similar educational and cultural facility.
(6) 
Professional office for up to five employees, in addition to the owner, provided that 1 1/2 off-street parking spaces are constructed and maintained for each employee. (Any fractional number shall be rounded up to the next whole number of parking spaces.)
(7) 
Service business such as a barber, beautician, or tutor.
(8) 
Florist.
(9) 
Major home occupation in accordance with § 27-1614, Subsection 2.
(10) 
Conversion of a historic resource building to a dwelling, apartment as follows:
Minimum Size of Building/ Historic Resource
(Ground Floor Area)
Number of Additional Dwelling Units Permitted
Total Minimum Lot Area
(square feet)
2,000 square feet
2
120,000
2,500 square feet
3
160,000
3,000 square feet
4
200,000
3,500 square feet
5
280,000
B. 
For properties that front upon a minor collector road as shown on the Historic Resources Map:
(1) 
Studio (art and craft) — for the design, manufacture, and sale of: pottery, jewelry, leather craft, fine arts, or photos.
(2) 
Historical authentic trade and service such as: tinsmith, weaver, basket maker, candlestick maker, glassblower, quilt maker, or furniture maker.
(3) 
Major home occupation in accordance with § 27-1614, Subsection 2.
3. 
Conditional Use Standards and Criteria for Adaptive Reuses. In addition to the standards and criteria of § 27-1808, the following shall apply:
A. 
All uses shall be located on properties that comply with the street locational criteria in Subsection 2.
B. 
All uses listed in Subsection 2 shall be operated by the owner of the historic resource who shall reside on the property. There shall be no more than an equivalent of four full-time nonresident employees, in addition to the resident family members.
C. 
The adaptive reuse shall require an occupancy permit issued by the Zoning Officer prior to commencement of the use. Any request for the issuance of a permit shall be accompanied by a copy of the order of the Board of Supervisors approving a conditional use for the adaptive reuse on the property upon which the use will be maintained and operated. The owner/operator shall provide evidence of current ownership of the property at the conditional use hearing and upon application for the occupancy permit. The adaptive use shall not be operated at any time without a valid occupancy permit.
D. 
The area used for the adaptive reuse shall occupy no more than 2,000 total square feet in the principal or accessory building, except for conversions as provided for in Subsection 2A(10).
E. 
No noise, odor, vibration, glare, electromagnetic interference, or smoke, shall be noticeable at or beyond the property line.
F. 
One off-street parking space for every 250 square feet of use shall be provided, and one space for each full-time equivalent non-resident employee shall be provided on the premises, in addition to other off-street parking spaces required in Part 13 and Subsection 2A(7).
G. 
All uses shall be limited to one sign which shall not exceed six square feet in area. The design of the sign shall utilize natural materials only and shall be submitted with the application for the conditional use. Temporary signs are prohibited.
H. 
All uses shall be operated in compliance with the terms and conditions of the conditional use order and those set forth in § 27-1809.
I. 
No occupancy permit shall be issued unless the applicant has demonstrated compliance with the terms and conditions set forth by the Board of Supervisors in its conditional use order.
J. 
If the use is not connected to a public water supply system, a certificate issued by a licensed testing laboratory, which certifies that the drinking water serving the residence is potable, shall be submitted at the conditional use hearing.
K. 
The Zoning Officer may inspect the facility at any time with notice, including any on-lot sewage disposal and any on-lot water systems, and determine whether it is in compliance with the provisions of this chapter, all other applicable ordinances and regulations, and any conditions of the conditional use order or occupancy permit. The occupancy permit may be revoked if the property is not in compliance.
L. 
An occupancy permit for the operation and maintenance of the use shall be issued only to an individual or individuals who own and reside within the residence for which the permit is sought. An occupancy permit issued for an adaptive reuse shall be valid for five years from the date of issuance. The permit shall be renewed every five years. The application procedure and fee shall be the same as applicable to Township occupancy permits in general. The initial and renewal permits shall not be issued until the facility has been inspected by the Zoning Officer to insure compliance with all applicable ordinances and regulations, the conditional use order and, if a renewal application, the original occupancy permit.
M. 
The building or structure housing the adaptive reuse shall not be structurally or physically altered (except for regular maintenance and repairs) except as approved by conditional use. The exterior of the building or structure shall maintain the architectural appearance which existing prior to the adaptive reuse.
N. 
The use shall comply with all fire safety and Department of Labor and Industry requirements.
O. 
All uses shall be reviewed by the Charlestown Township Historic Commission, who shall comment on their appropriateness.
[Ord. 6/20/1979; as amended by Ord. 131-2005, 11/21/2005, § 1; and by Ord. 181-2013, 11/4/2013, § 2]
1. 
Refer to Chapter 22, Part 5, § 22-517, of the Charlestown Township Subdivision and Land Development Ordinance for detailed Lighting Regulations.
2. 
Refer to Part 16 of this chapter, § 27-1617, Environmental Controls.
3. 
Lighting Requirements Applicability. All activities regulated by this chapter shall comply with the regulations set forth in Chapter 22, Part 5, § 22-517 of the Charlestown Township Subdivision and Land Development Ordinance, as may be applicable.
4. 
No building may be erected, altered or used and no lot or premises may be used in any Zoning District for any use which is noxious or offensive by reason of illumination in the immediately surrounding area. Any existing lighting that is deemed by the Township to be causing a safety hazard or affecting the health, safety and/or welfare of the Township or Township residents shall be deemed to be a nuisance. The Board of Supervisors may require or restrict lighting when health, safety and/or welfare are issues.
[Added by Ord. No. 2017-206, 11/6/2017]
1. 
General Requirements.
A. 
Design. In order to reduce the number of communications antenna support structures in the Township in the future, the proposed communications antenna support structure shall be designed to accommodate other potential communication users, including not less than one wireless communications company and not less than one local police, fire or ambulance service communications provider, through the addition or incorporation of antenna(s) anchored at a location or in locations on the communications antenna support structure which the applicant does not intend to anchor its communications antenna.
B. 
Fencing. A security fence shall be required around the antenna support structure and other equipment, unless the communications antenna(s) is(are) mounted on an existing structure, as provided herein.
C. 
Landscaping. The following landscaping shall be required to screen as much of a newly constructed communications antenna support structure as possible. The Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the discretion of the Board of Supervisors, they achieve the same degree of screening as the required landscaping.
(1) 
An evergreen screen shall be required to surround the communications antenna support structure. The screen can be either a hedge planted three feet on center maximum or a row of evergreen trees planted 10 feet on center maximum. The evergreen screen shall be a minimum planted height of six feet at planting and shall be capable of growing to a minimum of 15 feet at maturity.
(2) 
Existing vegetation on and around the land site shall be preserved to the greatest extent possible.
D. 
Licensing and Applicable Regulations. The applicant must demonstrate that it is licensed to provide wireless communications services by the Federal Communications Commission (FCC), through the submission of a copy of a license issued by the FCC, authorizing the provision of wireless communications services by the applicant directly or through licensure or other authorized permission. A copy of this license is to be provided to the Township within 15 days of the submission of an application for conditional use or other municipal approval.
E. 
Proof of Inspection. The owner of a communications antenna support structure shall submit to the Township Engineer proof of the annual inspection of the communications antenna support structure and communications antenna(s) by an independent professional engineer as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection, the Board of Supervisors may require removal or repair of the wireless communications facility. In the event the annual inspection referred to above is not performed in a timely manner, the landowner as well as the applicant or other licensed provider of wireless communications service shall be subject to civil enforcement proceedings in accordance with § 27-1801 of this chapter, and such other remedies as are provided by law.
F. 
Required Parking. If the wireless communications facility is fully automated, an adequate parking area shall be required for all maintenance workers. If the wireless communications facility is not fully automated, the number of required parking spaces shall equal the number of employees present at the wireless communications facility during the shift with the greatest number of employees or staff.
G. 
Visual Appearance.
(1) 
Communications antenna support structures shall be painted silver or another color approved by the Board or shall have a galvanized finish.
(2) 
All wireless communications equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and the neighboring buildings to the greatest extent possible.
(3) 
The Board of Supervisors may require that:
(a) 
Communications antenna support structures be painted green up to the height of nearby trees; and/or
(b) 
Wireless communications equipment buildings which house electrical transmitter equipment shall be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.
(4) 
In making these determinations, the Board of Supervisors shall consider whether its decision will:
(a) 
Promote harmonious and orderly development of the zoning district involved;
(b) 
Encourage compatibility with the character and type of development existing in the area;
(c) 
Benefit neighboring properties by preventing a negative impact on the aesthetic character of the community;
(d) 
Preserve woodlands and trees existing at the site to the greatest possible extent; and
(e) 
Encourage sound engineering and land development design and construction principles, practices and techniques.
H. 
Site Plan. A full site plan shall be required for all wireless communications facilities, showing all existing and proposed structure(s) and improvements, including, but not limited to, the communications antenna(s), communications antenna support structure, building, fencing, buffering and ingress and egress. The plan shall comply with the Township Subdivision and Land Development Ordinance,[1] with the exception of such planned documentation/information which would be required to demonstrate compliance with those provisions of the Subdivision and Land Development Ordinance (or a Pennsylvania Stormwater Management Act) pertaining to stormwater management.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
I. 
Signs. No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the FCC, FAA or other governmental agency, and except for an identifying sign of no greater than three square feet, setting forth the name and means of contacting the operator.
J. 
Lighting. Communications antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No communications antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be limited to not greater than 50% in excess of the minimum lumens and number of lights so required and, if not inconsistent with FAA or other governmental regulations, shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
K. 
Maintenance. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and the traffic safety and notice impacts of such maintenance. This information shall be submitted, in writing, in the form of a proposed maintenance schedule, as part of the conditional use application or other application for zoning or building authorization.
L. 
Vehicular Access. In the event a communications antenna(s) is(are) attached to an existing structure, vehicular access to the wireless communications facility shall not interfere with the parking or vehicular circulation on the site for the existing principal use.
M. 
Co-location. If the applicant proposes to build a communications antenna support structure [as opposed to mounting the communications antenna(s) on an existing structure], the applicant shall demonstrate that it has contacted the owners of structures of suitable location and height (such as smokestacks, water towers and buildings housing existing communications antenna support structures) within a one-mile radius of the site proposed and asked for permission to install the communications antenna(s) on an existing structure as set forth in this subsection or demonstrate that the applicant cannot adequately extend or infill its communication system through the use of these structures. Charlestown Township would be authorized, at no cost and/or rental fees, to install antenna(s) and transmission cable equipment on the tower for the Township and emergency use.
N. 
Abandonment.
(1) 
If use of a wireless communications facility is abandoned or is not properly maintained (so as to assure continued structural integrity and safety) or if the wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the wireless communications facility from the land site within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the wireless communications facility. In the event the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings in accordance with § 27-2101 of this chapter and other legal remedies available to the Township.
(2) 
In addition, prior to the issuance of any building permit or use authorization or similar municipal authorization which may result in construction or installation of a communications antenna, communications antenna support structure (tower), or wireless communications facility, a declaration of covenant must be submitted by the applicant, and approved by the Board of Supervisors, for recording in the office of the Recorder of Deeds of Chester County, by which the landowner, and his/her/its successors in interest, authorize Township officials and Township designees to effectuate the disassembly, demolishment and/or removal of any wireless communications facility antenna or similar structure, as contemplated by this provision. Appropriate documentary proof must be submitted to the Township staff, confirming the recording of the declaration of covenant, prior to commencement of any construction or installation of any communications antenna, communications antenna support structure or wireless communications facility. The covenant requiring proper maintenance (or removal in the case of abandonment) of a wireless communications facility shall expire promptly upon the expiration of any lease or other arrangement by which the applicant has permission to maintain a wireless communications facility (or any component thereof) on a land site or other property. Upon submission of appropriate documentary proof of the expiration of the lease or other permission specified herein, the Township will authorize the recording of a document memorializing the expiration of the effective terms of the declaration of covenants.
(3) 
The requirements of this section may be waived or altered by the Board of Supervisors in the event that either:
(a) 
Another appropriate form of guarantee for the continued maintenance (or removal in the case of abandonment) of a wireless communications support structure is provided; or
(b) 
The Board of Supervisors is satisfied that adherence to these requirements would be unnecessary, duplicative or violative to the Federal Telecommunications Act of 1996, or other applicable law.
O. 
Notification. All applicants seeking to construct, erect, relocate, or alter a wireless communications facility shall file a written certification with the Township Zoning Officer that all property owners within a three-hundred-foot radius of the proposed communications antenna support structure have been given written notice by the applicant, mailed at least 14 days prior to the date of the hearing, of the applicant's intent to construct, erect, relocate, or alter a wireless communications facility. The certification shall contain the name, address and tax parcel number of the property owners so notified. Such notice shall also contain the date and time of the Board of Supervisors' meeting at which the applicant will appear and demonstrate compliance with the provisions of this section.
P. 
Interference. In the event the wireless communications facility causes interference with the radio, subscriber equipment or television reception of any Township resident for a period of three consecutive days, the resident shall notify the Township, in writing, of such interference. The Township shall notify the owner/operator of the wireless communications facility of such interference, and the owner/operator, at the owner/operator's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event the interference is not corrected in a timely manner, the owner/operator shall be subject to the civil enforcement proceedings in accordance with § 27-2101 of this chapter and may have the conditional use or other municipal approval revoked.
2. 
General Requirements for All Tower-Based Wireless Communications Facilities. The following regulations shall apply to all tower-based wireless communications facilities (WCF):
A. 
Standard of Care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current, applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
B. 
Monopole Design. All tower-based WCFs shall be monopoles.
C. 
Wind. Any tower-based WCF shall be designed to withstand the effects of wind according to the standards designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIN/TIA-222-E Code, as amended). Further, due to local weather conditions, the tower-based WCF must be built to withstand 100 mph sustained winds with a uniform loading of 50 pounds, or short-duration gusts of up to 150 mph. An independent professional engineer registered in Pennsylvania shall attest to the proposed tower-based WCF structure's ability to meet this requirement and certify proper construction of the foundation and erection of the tower.
D. 
Security. All tower-based WCFs shall have an integral security platform, or other means with locked access, to prevent unauthorized climbing of the tower.
E. 
Maximum Heights. No tower-based or non-tower-based wireless communications facility shall be taller than 120 feet measured from undisturbed ground level, unless the applicant proves that another provider of wireless communications services has agreed to co-locate communications antenna(s) on the applicant's communications antenna support structure or the applicant demonstrates that a greater tower height is necessary to provide satisfactory service for wireless communications. In such case, the communications antenna support structure shall not exceed 150 feet unless the applicant secures approval as a condition of the conditional use process from the Supervisors by demonstrating such proof as would be required under § 27-1809 of this chapter. In no event shall mounted communications antenna height on any tower extend more than 25 feet above the installed height of the tower. While evidence relating to the criteria set forth in § 27-1809 of this chapter shall be considered by the Board of Supervisors, the Board of Supervisors will impose reasonable limitations on the admissibility of evidences sought to be introduced by any objecting party seeking to question the need for any wireless communications facility (or component thereof). The requirement of establishing a need for any such component and/or the height of any proposed wireless communications support structure shall be deemed to be satisfied through the submission of a report or testimony by a properly qualified radio frequency engineer confirming that the installation of the proposed wireless communications facility will substantially improve the provision of wireless communications service.
F. 
Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. If measurable interference does result from the installation and use of the tower-based WCF, the owner of the tower based WCF shall take appropriate measures to abate the interference or cease operation.
G. 
Maintenance and Inspections. The following maintenance requirements shall apply:
(1) 
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2) 
Proper maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(3) 
At least annually, the tower-based WCF and its appurtenances shall be inspected both visually and with the appropriate nondestructive testing techniques. The results of those tests and written certification of structural integrity by a registered professional engineer shall be provided annually to the Township. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection is a violation of this chapter and may subject the owner to the violations and penalties in § 27-2101 of this chapter.
H. 
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.
I. 
Historic Buildings or Districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is defined as an historic resource pursuant to this chapter.
J. 
Identification. All tower-based WCFs shall display 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.
K. 
Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Township.
L. 
Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.
M. 
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 in § 27-1617, Subsection 4, of this chapter, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
N. 
Aviation Safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
O. 
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. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the 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 one-hundred-fifty-day review period.
P. 
Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.
3. 
Tower-Based Communications Facilities Outside the Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
A. 
Permitted in the I/O Industrial/Office District. Tower-based WCFs are permitted in the I/O Industrial/Office District and I Institutional District by conditional use with a setback of 800 feet from the district boundaries, through the issuance of a conditional use decision and order issued by the Board of Supervisors. Additionally, wireless communications facilities, including all components thereof, as specified herein, may be located on any land owned by the Township. In the case of the location of such facilities on land owned by the Township, no conditional use application or approval will be necessary; however, the Board of Supervisors will determine whether permission will be granted for the location of such facilities on Township-owned land, pursuant to the terms of a leasing or other agreement, which will incorporate the requirement of compliance with such substantive regulations of this section.
B. 
Gap in Coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of a tower-based WCF.
C. 
Sole Use on a Lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum area and bulk requirements for the district.
D. 
Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another use permitted in the district, subject to the following conditions:
(1) 
Minimum Lot Area. The minimum lot area shall comply with the requirements for the district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
(2) 
Minimum Setbacks. The tower-based WCF and accompanying equipment building shall comply with the setback requirements for the district, provided that no tower-based WCF shall be located within 500 feet of a lot with a residential use or a residential district boundary.
E. 
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 one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
F. 
Design Regulations.
(1) 
The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Board of Supervisors as part of the conditional use.
(2) 
Any substantial change to an existing tower-based WCF shall require prior approval of the Township.
(3) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
G. 
Soil Report. The applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
H. 
Fence/Screen.
(1) 
A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.
(2) 
The Board of Supervisors may also require the applicant to install an effective screen as defined in this chapter to further screen the tower-based WCF.
I. 
Accessory Equipment.
(1) 
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground unless the applicant can demonstrate to the satisfaction of the Township Engineer that the equipment cannot be located underground, in which case the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.
(2) 
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
J. 
Additional Antennas. The applicant shall allow other service providers to co-locate 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.
4. 
Tower-Based Facilities in the Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:
A. 
Permitted in the VO Industrial/Office District, I Institutional District, NC-1 Neighborhood Commercial-1 District, and NC-2 Neighborhood Commercial-2 District, Tower-based WCFs are permitted in the ROW only in the I/O Industrial/Office District, I Institutional District, NC-1 Neighborhood Commercial-1 District, and NC-2 Neighborhood Commercial-2 District by conditional use of the Board of Supervisors.
B. 
Gap in Coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.
C. 
Co-location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
D. 
Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
E. 
Equipment Location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW, as determined by the Township. In addition:
(1) 
All ground equipment associated with the tower shall be located underground so as not to cause obstruction of the right-of-way.
(2) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.
(3) 
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
F. 
Design Regulations.
(1) 
The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Board of Supervisors.
(2) 
Any substantial change to an existing tower-based WCF shall require prior approval of the Township.
(3) 
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 future users.
G. 
Additional Antennas. The WCF applicant shall allow other service providers to co-locate 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.
H. 
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 WCFs in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.
(2) 
The operations of the Township or other governmental entity in the right-of-way.
(3) 
Vacation of a street or road or the release of a utility easement.
(4) 
An emergency as determined by the Township.
I. 
Compensation for ROW Use. Every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
5. 
General Requirements for Non-Tower Wireless Communications Facilities. The following regulations shall apply to all non-tower wireless communications facilities:
A. 
Permitted in All Zones Subject to Regulations. Non-tower WCFs outside of the rights-of-way are permitted in all zones by conditional use on an existing smokestack, utility pole, water tower, commercial or industrial building or any similar tall structure (but not a communications antenna support structure), provided:
(1) 
The height of the communications antenna(s) and apparatus attaching the antenna(s) thereto shall not exceed 10 feet in height, unless the applicant obtains conditional use approval for a greater antenna height and demonstrates that such height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet;
(2) 
The applicant proves that such location is necessary to satisfy its function in the applicant's wireless communications system or will obviate the need for the erection of a communications antenna support structure in another location where the same is permitted;
(3) 
The applicant submits a plan showing each of the contiguous properties, identified by tax parcel number and owner, depicting all buildings and structures located on such properties and their principal and/or accessory uses; provided, however, that the applicant shall not be required to trespass upon the land of another in order to obtain the information set forth in this provision;
(4) 
The applicant employs concealment or other reasonable appropriate stealth measures (the determination of which shall be in the Board's reasonable discretion) to camouflage or conceal antennas, such as the use of neutral materials that hide antennas, the location of antennas within existing structures, such as steeples, silos, and advertising signs, the replication of steeples and other structures for such purpose, the simulation of elements of rural landscapes, such as trees, and such other measures as are available for use for such purpose;
(5) 
The proposed use otherwise complies with the requirements of this section (with the exception of the provisions herein pertaining to the maximum height and location of a communications antenna support structure or tower); and
(6) 
If the Board finds that location of antenna(s) on an existing structure obviates the need for the construction and erection of a communications antenna support structure in any zoning district in which the same is a permitted use, the Board may authorize by conditional use the location of either a building not exceeding 500 square feet or metal boxes placed on a concrete pad not exceeding, in the aggregate, 600 square feet in area, housing the receiving and transmitting equipment necessary to the operation of the antenna(s), for each unrelated entity or company sharing communications antenna space on the smokestack, utility pole, water tower, commercial or industrial building or other similar tall structure. The building and/or concrete pads may be located within a side yard or rear yard, provided that:
(a) 
The concrete pad and metal boxes or buildings are located within 25 feet away from the property line or, in the case of the building, the minimum setback distance applicable in the zoning district, whichever is greater;
(b) 
The combined height of the concrete pad and metal boxes or building does not exceed eight feet; and
(c) 
An evergreen landscape buffer screen, having a planted height of six feet, is installed and maintained so as to provide a visually effective barrier, for individuals standing at ground level in the nearby area, between the building or metal boxes and any adjacent property.
B. 
Standard of Care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current, applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
C. 
Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222-E Code, as amended).
D. 
Public Safety Communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.
E. 
Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
F. 
Radio Frequency Emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.
G. 
Timing of Approval. Within 30 calendar days of the date that an application for a non-tower 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.
H. 
Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.
I. 
Noncommercial Usage Exemption. The design regulations enumerated in this subsection shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.
J. 
Removal and Replacement. The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.
6. 
Non-Tower Wireless Facilities in the Rights-of-Way Permitted in the I/O Industrial/Office District, I Institutional District, NC-1 Neighborhood Commercial-1 District, and NC-2 Neighborhood Commercial-2 District. Non-tower-based WCFs are, permitted in the ROW only in the I/O Industrial Office District, I Institutional District, NC-1 Neighborhood Commercial-1 District, and NC-2 Neighborhood Commercial-2 District by conditional use of the Board of Supervisors. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:
A. 
Co-location. Non-tower WCFs in the ROW may only be co-located on existing poles, such as existing utility poles or light poles.
B. 
Design Requirements.
(1) 
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All ground-mounted equipment shall be underground.
(2) 
Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3) 
The height of the communications antenna(s) and apparatus attaching the antenna(s) thereto shall not exceed 10 feet in height, unless the applicant obtains conditional use approval for a greater antenna height and demonstrates that such height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet.
C. 
Compensation for ROW Use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.
D. 
Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
E. 
Equipment Location. Non-tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW, as determined by the Township. In addition:
(1) 
All ground equipment associated with the tower shall be located underground so as not to cause obstruction of the right-of-way.
(2) 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(3) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.
(4) 
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
F. 
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 WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.
(2) 
The operations of the Township or other governmental entity in the right-of-way.
(3) 
Vacation of a street or road or the release of a utility easement.
(4) 
An emergency as determined by the Township.