Except as noted elsewhere in this chapter, no accessory building or structure shall be permitted within any front yard setback. An accessory structure, private garage or other building accessory to a dwelling, which is not a structural part of the dwelling, may be erected in the required rear or side yards, provided that such accessory building or structure shall be situated not less than 10 feet from any property line and at least as far back from the street line as the rearmost portion of the dwelling excluding overhangs, and provided that such accessory buildings shall not exceed 20 feet in height.

The minimum distance between accessory buildings or structures shall be five feet. The minimum distance between any accessory building or structure, other than a detached garage, and a principal building shall be five feet. Detached garages shall be governed by § 184-146B(2).

No permanent accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.

Swimming pool. Permanent swimming pools shall be entirely enclosed with a permanent barrier or fence not less than four feet in height, such fence having no opening with a dimension greater than four inches on a side (or in diameter in the case of round openings). Walls of buildings may serve as part of the fence or barrier. Where such pools are of the type having aboveground construction, that portion of the pool wall extending above the ground may be included as part of the barrier or fence. Fences shall have a gate which shall be securely locked when not in use. Aboveground pools shall have a ladder or stairway which can be removed or rendered unusable, and the entrance to the pool shall be capable of being securely closed to a height of four feet.

Detached garages. No such garage shall be located within 10 feet of a dwelling. No temporary structures shall be permitted. The maximum length of any side of the garage serving a dwelling, and not used as part of a lawful agricultural use, shall be as follows:

Apartment and townhouse accessory uses shall be restricted to uses designed solely for residents of the apartment and townhouse units. One office per project for the purposes of administering and renting dwelling units may be established. One sample apartment or townhouse for display purposes shall be permitted for each type of dwelling unit to be constructed.

Tennis courts shall have permanent fences at least 10 feet in height behind each baseline, extending at least 10 feet beyond the playing area in each direction.

Patios, paved terraces and open porches shall not be located closer than five feet to any property line, except a property line which is an extension of a common wall, and shall not project into any required front yard.

Animal shelters shall not be located within 10 feet of the rear lot line nor within 10 feet of that portion of the side lot line abutting the rear yard. The keeping of domestic farm animals other than horses shall be considered an agricultural use. The keeping of horses shall be permitted, provided that the minimum lot size is five acres and the requirements of § 184-150B and C of this chapter are met.

No agricultural uses shall be permitted except individual gardens for home consumption.

Earth station satellite receiving dishes. All freestanding earth station satellite receiving dishes, mounted at ground level, shall be considered accessory structures, and the same shall be subject to the provisions of § 184-146A(1) of this chapter.

The construction of an in-law suite is allowed for single-family dwellings, provided the following requirements are satisfied:

No building or structure shall be located within any required yard.

The minimum distance between any accessory buildings or structures shall be 20 feet. The minimum distance between any accessory building or structure and a principal building shall be 20 feet.

Storage facilities. All such facilities shall be located in areas which have direct access to a street or driveways. The outdoor storage of materials shall be screened from view from adjoining properties and streets. No such area shall be located within 50 feet of any street line. No outside storage shall comprise more than the following percentage of floor area within the districts listed:

Living quarters. Living quarters shall be permitted only for proprietors, watchmen, caretakers or similar employees whose presence on the property is required and as long as the living quarters are part of the principal structures, unless otherwise provided in this chapter.

Garages, maintenance buildings and outdoor storage of materials shall not be located within any required yard.

Cafeterias shall be limited to use by employees and conducted within the principal structure.

No one row of off-street parking spaces shall exceed 12 spaces and raised planting beds shall be at intervals not to exceed 12 spaces, unless alternative landscaping arrangements are approved by the Township Supervisors.

Raised planting islands shall be located at each end of a double loaded parking row and shall be planted with two shade trees per island.

Raised planting beds shall be planted with one shade tree per bed.

Perimeter planting strips shall be provided around all parking areas and shall have a minimum width of five feet. Such strips shall contain shade trees and shrubs. These strips shall be designed to accommodate snow storage.

All parking areas shall have at least one tree of two-inch caliper minimum for every six parking spaces in single rows and one tree of two-inch caliper minimum for every 12 parking spaces in double-loaded rows of parking spaces.

Surface treatment of raised planting beds, raised planting islands and perimeter plantings shall be grass, ground cover or low maintenance shrubs.

Landscaping shall be maintained to not interfere with required clear sight triangles and required sight distances.

Signs shall be subject to Article XVII of this chapter.

At least 50% of such products shall have been produced on the property on which they are offered for sale.

Parking space for at least three cars shall be provided behind the street line.

Sale of farm products shall be conducted from a portable stand, removed at the end of the growing season, or from a permanent building located no closer to the street than the applicable building setback line.

All properties for such uses shall have a minimum size of 10 acres.

A fence shall be maintained around all areas in which animals are kept outside buildings.

Commercial composting is prohibited. Any on-site composting shall be limited for use on the premises on which such composting is made and produced.

Solid and liquid waste shall be disposed of in a manner to avoid creating insect or rodent problems.

No discharge of liquid waste and/or sewage shall be permitted into a reservoir, sewage or storm disposal system, holding pond, stream or other open body of water or into the ground unless treated so that the discharge is in total compliance with the standards approved by the appropriate local, state and federal regulatory bodies and/or agencies.

All organic materials to be used in on-site composting shall be stored under roof, and all on-site composting shall be performed under roof in a totally enclosed structure having impervious flooring with drainage and suitable protection so as to ensure that there is no runoff from said structure onto surrounding lands.

Intensive agricultural activities shall not be located closer than 600 feet to any existing church, school, recreational use, eating establishment or dwelling, unless the dwelling is under the same ownership as that property on which the intensive agricultural activity is located, nor shall it be located closer than 300 feet to any property line.

No more than three animal equivalent units per acre shall be contained on the property. In calculating animal equivalent units, the following shall be used:

The applicant shall demonstrate that the site is capable of handling the waste material to remain on the site. Any required nutrient management plan shall receive approval from the Berks County Conservation District.

An erosion and sedimentation control plan shall be approved by the Township and the Berks County Conservation District.

No intensive uses may occur in a one-hundred-year floodplain.

All on-site composting shall be performed under roof in a partially enclosed structure having impervious flooring with drainage and suitable protection so as to ensure that there is no runoff from said structure onto surrounding lands.

Site element screens shall be required in all proposed land developments around the following site elements, when these are located partially or fully within 100 feet of a property line or existing road right-of-way:

The location, dimensions and spacing of required plantings shall be adequate for the required effect and their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as wind, soil, moisture and sunlight.

Required plant material shall be maintained for the life of project to achieve the required visual effect of the screen. It shall be the ultimate responsibility of successive property owners to ensure that the required plantings are properly maintained. Dead or diseased plant material shall be removed or treated promptly by the property owner and replaced at the next growing season.

Open burning is not permitted without permit from the Bern Township Fire Marshal.

No gases, vapors or fumes shall be emitted which are harmful to person, property, animals or vegetation beyond the lot lines of the lot on which gases, vapors or fumes originate. No toxic or corrosive gases, vapors or fumes shall be released into the atmosphere.

No odors shall be detectable beyond the lot lines of the lot on which such odors originate.

The regulations of the Pennsylvania Department of Environmental Protection shall be complied with for Fugitive Emissions, Particulate Matter Emissions, Sulphur Compound Emissions, Standards for Sources, Sources of Volatile Organic Compounds, Emissions of Hazardous Air Pollutants and Ambient Air Quality Sources.

No person shall permit the emission into the outdoor atmosphere of visible air contaminants in such a manner that the capacity of the emission is greater than 20%, except where the presence of uncombined water is the only reason or the failure of the emission to meet this limitation.

Effluent must meet any standards established by the Township based on Pennsylvania Department of Environmental Protection regulations.

In no case shall untreated potentially dangerous or contaminating effluent or waste from plant operations be discharged.

The applicant shall demonstrate compliance with § 184-153F below and submit a hydrologic study where on-site water supply or sewage disposal is proposed.

Sound level limits at lot lines shall be as follows, unless a more restrictive standard is applied elsewhere in this chapter:

No physical vibration shall be perceptible without use of instrument at or beyond the lot lines.

All lighting shall be in compliance with § 184-149.

Any operation producing heat shall be conducted in such a manner as to prevent any effect from the heat beyond the lot lines of the lot on which the operation located.

Special design requirements.

Special design requirements:

Special design requirements:

A grower/processor facility owner shall submit a copy of its initial Commonwealth of Pennsylvania-issued medical marijuana permit to Bern Township. Annual medical marijuana renewal permits shall also be submitted to Bern Township.

Special design requirements:

Special design requirements:

A dispensary facility owner shall submit a copy of its initial Commonwealth of Pennsylvania-issued medical marijuana permit to Bern Township. Annual medical marijuana renewal permits shall also be submitted to Bern Township.

A building is constructed or a new use established.

The use of an existing building or a lot is changed to a use requiring more parking facilities.

An existing building or use is altered so as to increase the amount of parking spaces required.

Minimum off-street parking requirements shall be as follows:

For any building or use not covered above or a use or multiple use proposed for an existing building, the Zoning Officer shall apply the standard off-street parking spaces in the above schedule deemed to most closely approximate the proposed building or use. For any building involving a single or multiple use, the off-street parking standards listed above shall apply.

As part of construction activities.

In connection with normal lawn preparation and maintenance.

In farming operations, provided that sound soil conservation practices are observed.

Areas subject to floodplain controls shall be those areas indicated within the one-hundred-year-floodplain boundaries and approximate one-hundred-year-floodplain boundaries on Flood Boundary and Floodway Maps prepared for Bern Township by the Federal Emergency Management Agency (FEMA).

Floodplain controls shall also apply to areas containing alluvial soils, as shown on maps prepared by the Soil Conservation Service, United States Department of Agriculture, included within the Soil Survey of Berks County, Pennsylvania, along watercourses for which one-hundred-year floodplains and approximate one-hundred-year-floodplains have not been mapped.

Principal buildings shall not be located within areas subject to floodplain controls.

Accessory buildings may be located within areas subject to floodplain controls, provided that:

Not more than 10% of the area subject to floodplain controls within a lot shall be covered with impervious surfaces.

No encroachment shall be made on a floodplain or watercourse which will increase flood levels during the occurrence of the one-hundred-year flood discharge. With any proposal for an encroachment, calculations which will indicate compliance with this requirement shall be submitted to and approved by the Township.

No watercourse shall be altered or relocated unless the person proposing the alteration or relocation submits calculations approved by the Township and the Department of Environmental Protection (where applicable) assuring that the flood-carrying capacity within the altered or relocated portion of the watercourse shall be designed to be not less than the flood-carrying capacity of the watercourse prior to the proposed alteration or relocation. The cross-sectional profile of a watercourse and floodplain area shall not be altered unless approved by the appropriate state agencies when such approval is required.

No outside storage of materials is permitted within floodplain areas.

Fills, where permitted, are subject to the following:

Areas immediately adjacent to the Township's perennial streams, intermittent streams and waterways as mapped on U.S. Geological Survey 1:24,000 scale quadrangle maps are defined as the riparian buffer area (RBA).

In the RBA, special requirements as set forth in this section apply in order to maintain important natural functions. These RBA requirements are based on both the heightened sensitivity of the RBA Zone and the potential to negatively impact the stream system when this RBA Zone is disturbed, as well as the potential of this RBA Zone to mitigate to the maximum extent the negative effects of development in areas adjacent to the stream system.

The RBA includes three subzones, Zones 1 through 3, extending landward from the top of the stream bank where different requirements are imposed:

The RBA may be included in net density calculations with uses permitted in Chapter 184 Zoning, of the Code of the Township of Bern, unless this RBA is required to be subtracted out as the result of other applicable regulations of Chapter 89, Floodplain Management, such as regulation of the floodplain.

An RBA adjacent to high-quality waters and exceptional-value waters designated under the Pennsylvania Department of Environmental Protection, Chapter 93, Rules and Regulations, shall be subject to the provisions of the Pennsylvania Department of Environmental Protection Special Protection Waters Implementation Handbook and its amendments.

Zone 1 (very restricted): flood control, utility rights-of-way, and pervious footpaths.

Zone 2 (restricted): pervious, passive recreational uses, natural stormwater BMPs, pervious bike paths, and tree removal by permit.

Zone 3 (limited restrictions): residential uses, including lawns, sheds (or similar structures) less than 150 square feet, gardens, compost, yard wastes, and nonstructural stormwater BMPs.

Description of the proposal. Describe the proposed or recommended actions, its purposes, where it is to be located, when it is proposed to take place and its interrelationship with other projects or proposals, including information and technical data sufficient to permit assessment of environmental impact by reviewing agencies.

Description of the environment. Include a comprehensive description of the existing environment without the proposal and the probable future environment with the proposal. This description should focus both on the environmental details most likely to be affected by the proposal and on the broader regional aspects of the environment, including ecological interrelationships. Particular attention should be given to the potential effects of past or present use of the site as a repository of toxic or hazardous wastes.

The environmental impact of the proposed action. Describe the environmental impacts of the proposed action. These impacts are defined as direct or indirect changes in the existing environment, both beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land as well. Provide separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks. Specific mention should also be made of unknown or partially understood impacts.

Mitigating measures included in the proposed action. Include a discussion of measures which are proposed to be taken or which are required to be taken to enhance, protect or mitigate impacts upon the environment, including any associated research or monitoring. The beneficial and adverse effects of the alternatives should be discussed, along with the reasons for rejection. Where appropriate, consideration should be given to alternate construction methods which may avoid environmental degradation.

Natural resources:

Man-made resources:

The applicant shall calculate the "Protected Area" of the parcel, which shall be determined as follows:

Individual acreage results shall be totaled to result in the "Protected Area." The Protected Area shall be deducted from the total site area. The resulting figure shall be the "Developable Area." Calculations of permissible density or intensity of development shall be based on this figure.

In the event that two or more resources overlap, the resource with the greatest protection standard (the largest Open Space Percentage) shall apply.

Protected areas shall not be developed unless specifically permitted by this chapter or other Township ordinance.

Standard of design and 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, the Uniform Construction Code (UCC), National Electric Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Structure design certification from a Pennsylvania registered professional engineer is required, and the tower capacity shall be indicated. Detailed construction and elevation drawings, indicating antenna locations and mounting design, shall be submitted by the applicant. 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.

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard design by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).

Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.

Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

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 the official historic structures and/or historic districts list maintained by the Township, or that has been designated by the Township as being of historic significance.

Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.

Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Appearance. Towers shall be galvanized and/or painted with rust-preventive paint of an appropriate color to harmonize with the surroundings.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, when such noise standards may be exceeded on a temporary basis only.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety. Applications for tower-based WCFs shall be submitted to the Reading Regional Airport Authority for comments. The WCF applicant shall furnish a statement from the FCC, FAA and Commonwealth Bureau of Aviation that the tower-based WCF complies with applicable regulations or is exempt from these regulations.

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

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.

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

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

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.

Development regulations.

Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

Co-location. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Design regulations.

Surrounding environs.

Fence/screen.

Accessory equipment.

Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to 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.

Access road. A paved access road, of at least 10 feet in width, in an easement of at least 20 feet in width, turnaround space and a minimum of one off-street parking space shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW shall, at its own cost and expense, obtain, from a surety licensed to do business in Pennsylvania, and maintain a bond or other form of security acceptable to the Township Solicitor in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township.

Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Prohibited in residential zones. No tower-based WCF shall be located within a residential zone or within 500 feet of a lot in residential use or a residential district boundary. No more than one tower-based WCF shall be placed in front of any one lot, or leased or licensed parcel, nor within 1,000 feet of another tower-based WCF. Tower-based WCFs are only permitted in such districts as specified in §§ 184-56, 184-106, 184-116 and 184-125.

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.

Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the property or parcel of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

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.

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.[1]

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 for pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

Design regulations.

Visual or land use impact. The Township reserves the right to deny the construction or placement of any tower-based WCF in the ROW based upon visual and/or land use impact.

Additional antennas. As a condition of approval for all tower-based WCFs in the ROW, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate 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.

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 tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Compensation for ROW use. In addition to permit fees as described in § 184-177.1A(17) above, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF in the ROW shall, at its own cost and expense, obtain, from a surety licensed to do business in Pennsylvania, and maintain a bond or other form of security acceptable to the Township Solicitor in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

The following regulations shall apply to all nontower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

The following regulations shall apply to all nontower wireless communications facilities that substantially change the wireless support structure to which they are attached:

Development regulations. Nontower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

Design regulations.

Removal; replacement; modification.

Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any nontower WCF based upon visual and/or land use impact.

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time upon reasonable notice to the operator to ensure such compliance.

Co-location. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

Design requirements.

Compensation for ROW use. In addition to permit fees as described above, every nontower 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 nontower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for nontower WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such nontower WCF.

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the 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.[2]

Equipment location. Nontower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

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:

Visual or land use impact. The Township retains the right to deny an application for the construction or placement of a nontower WCF based upon visual and/or land use impact.

Penalties. Any person violating any provision of this section shall be subject, upon finding by a magisterial district judge, to a penalty not exceeding $500 for each and every offense, together with attorneys fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this chapter.

Determination of violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided that the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.

Police powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.

A single accessory facility containing equipment and control devices for the continuing operation of a tower may be located on the lot.

No building or facility may be used as an office or as a broadcast studio. No building or facility may be used for long-term vehicle storage or for other outdoor storage.

No on-site employees shall be permitted to utilize any accessory facility as an office. Employees are permitted to visit the site as often as necessary for maintenance and inspection of the tower and its accessory uses.

Accessory facilities may be lighted for security or for maintenance purposes. Any such lighting shall be shielded and no lights shall be emitted upward or spill over onto adjacent properties. Upward lighting will be permitted only on a temporary basis as may be required for emergency tower maintenance or repair.

The proposed antennas and related equipment would exceed the structural capacity of the existing building or tower and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing building or tower and the interference cannot be prevented at a reasonable cost.

Such existing buildings or towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such building or tower exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

A commercially reasonable agreement could not be reached with the owners of such buildings or towers.

An Historic Resource Impact Study, or any applicable portion thereof, shall be required when any of the following are proposed:

The Historic Resource Impact Statement shall be prepared by a qualified professional in historic preservation, historical architecture, planning or related disciplines hired by the applicant. Qualifications of the professional shall be submitted to the Township.

Background information.

General description of project, including timetable or phases.

Description of impact on each historic resource identified in Subsection B(1)(b) above, with regard to architectural integrity, historic setting and future use.

General description of effect and noise, traffic, blasting and other demolition or excavation activities and any other impacts generated by the proposed change on each historic resource.