Private, noncommercial, aboveground swimming pools which are designed to contain a water depth of 25 inches to 47 inches must be entirely enclosed with a permanent continuous fence not less than four feet in height.

Private, noncommercial, aboveground swimming pools which are designed to contain a water depth of 48 inches or more, having access by way of temporary or permanent landing or deck, must have the landing or deck surrounded by a fence not less than four feet in height. Doors or gates used to gain entrance to the platform or deck shall be constructed as to not have opening or gaps longer than four inches in any dimension.

All private, noncommercial, in-ground swimming pools must be entirely enclosed with a permanent continuous fence not less than four feet in height. All doors or gates must be self-closing and be equipped with a self-latching device for keeping the gate or door securely closed when not in actual use. All pools must be designed in conformance with the requirements outlined by the manufacturer.

Public swimming pools must conform to Pennsylvania Department of Environmental Protection regulations, 25 Pa. Code § 18.1 et seq.

The accessory structure must exist on the same lot as a single-family detached dwelling.

The lot containing the accessory structure must have a minimum gross area of not less than 40,000 square feet when the lot has onsite septic or on-site water or a minimum gross area of not less than 20,000 square feet when the lot has both public water and public sewer, or the minimum gross and net lot area required in the applicable zoning district, whichever requirement is larger.

Where a single-family detached dwelling is proposed to contain an ADU, the structure may be expanded as necessary to accommodate the dwelling unit, subject to the limitation on maximum square footage for such ADU as stipulated in Subsection B(4), above. No such expansion shall be located, in whole or in part, in any front yard.

Where an accessory structure is proposed to contain an ADU, changes to the existing structure that are deemed necessary to accommodate the dwelling unit (e.g., removal of garage doors, addition of windows or doors) may be approved by the Zoning Hearing Board as a condition of any special exception it may grant for the ADU.

No exterior changes, including expansion of the structure, shall be made which, in the judgment of the Zoning Hearing Board, are not in conformance with the existing single-family character of the neighborhood.

The applicant shall submit architectural plans for the ADU and shall provide documentation of the structural integrity of the existing structure in terms of its suitability for adding the ADU.

A design which is responsive to the functional and aesthetic characteristics of the tract or lot and existing and proposed principal and accessory buildings and other structures.

A design which demonstrates an effective proposal for screening the proposed use or activity from the adjoining properties.

A design which creates visual interest for the users and/or residents of the proposed project.

A design which promotes effective management of stormwater to minimize soil erosion and sedimentation and creates opportunities for infiltration to the groundwater system.

The use of plant material which is acclimated to local conditions; located and spaced to achieve required screening, compatible groupings and other effective purposes; and not injurious of persons or pedestrians and vehicular circulation.

In the C-1, C-2, C-3, IOP, I-1, and I-2 Zoning Districts, property owners shall provide a screen planting along those portions of their perimeters which abut any residential district or use.

Around the perimeter of all multifamily residential developments.

Around the perimeter of all mobile home parks.

As may be required elsewhere by this chapter or Chapter 425, Subdivision and Land Development.

Where parking, access drives or other land development is permitted within 15 feet of the property line;

Where any parcel abuts similar uses such that the Board agrees that screening is not necessary; or

Where applicant can demonstrate to the satisfaction of the Board that existing vegetation, structural and/or topographic conditions will conceal, on a year-round basis, development from view from adjacent tracts. A landscape plan may still be required to provide for the maintenance of such natural areas and plants die off to the extent that the screen or buffer function is no longer fulfilled.

Landscaped areas at least 10 feet wide shall be provided around the periphery of parking areas. Such areas shall, at a minimum, extend the full length and width of the parking areas, except for necessary accessways, to prevent the encroachment of moving vehicles into parking areas.

Landscaped islands at least 10 feet wide shall be provided between each set of two parking bays.

Landscaped islands at the end of each parking bay shall be provided and shall be the length of two parking spaces and at least 10 feet in width.

Two feet of each parking stall adjacent to planting strips required in Subsection M(4)(a) and (b), above, shall be of a permeable surface (e.g., concrete blocks filled with stone) to allow water to percolate into the ground.

Existing and proposed site conditions and their suitabilities for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.

Specific functional and design objectives of the plantings, which may include, but not necessarily be limited to, provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values.

Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.

Lighting facilities located within off-street parking areas and loading areas for all uses and developments requiring exterior lighting, or in connection with signs and recreational and institutional activities, shall provide an illumination level utilizing using the chart below. The list is not all-inclusive, but provides the requirements for most common applications:

For all applications, the Township may impose a more stringent lighting standard or additional lighting controls (requiring less illumination) as a condition of any such approval when it determines the same to be necessary to protect adjoining properties or streets from light pollution and/or glare, or to protect the public health, safety and welfare.

As part of any application, the Township may consider alternative design methods and specifications, provided that such alternative meet the purpose statement and community development objectives of this chapter.

In no case shall illumination exceed 0.1 footcandle measured at the property lines, except at driveway entrances, provided the illumination at the cartway center line of the contiguous street shall not exceed 1.0 footcandle, unless a more stringent standard is ordered by the Township.

Lamp types and colors shall be in harmony within the adjacent community, any special circumstances existing on the site, and with surrounding lighting facilities. Lamp types and colors shall be consistent and shall not create a mix of colors.

Canopy lighting shall be located on the undersurface (ceiling) of the canopy and shall be limited to flush lens fixtures mounted on the canopy ceiling. Drop-lens fixtures shall be prohibited. In no event shall any other lighting fixtures be located on or otherwise attached to or used to light a canopy or any area of the property adjacent to the canopy. Outdoor canopies include, but are not limited to, the following applications:

With the exception of security lighting, all exterior lighting for any commercial, industrial, institutional and recreational use shall be reduced by 50% between the hours of 12:00 midnight and 6:00 a.m. Security lighting shall only be considered to illuminate specified areas between building and off-street parking area, as considered necessary and appropriate by the Township.

All new lighting fixtures shall meet full cutoff criteria. No lighting shall be permitted which shines directly into residential units or results in glare beyond an angle of 30° from a vertical plane measured from the light source.

Light fixtures, including mounting base, shall not exceed 25 feet in height above finished grade unless the applicant can demonstrate to the satisfaction of the Township that higher pole-mounting is required and will not provide nuisance light sources to any residential areas or facilities that can view the fixtures. The applicant shall consider the spacing and height of the lighting standards as well as the intensity of the illumination to disperse the desired lighting in a uniform manner within the off-street parking area.

All lighting sources shall be effectively shielded and shall be installed and/or aimed so as to shield nearby public or private streets and neighboring properties from direct-glare light radiation, or light pollution which may create a safety hazard or a nuisance.

The use of vegetation, fences and similar screening methods may be utilized to supplement glare or cutoff control devices.

Fixtures used for architectural lighting, such as facade, feature and landscape lighting, shall be directed so as to preclude light projection beyond the immediate objects which are intended to be illuminated as an architectural feature.

Within the nonresidential zoning districts (C-1, C-2, C-3, IOP, I-1, I-2 and EAP), the use of floodlighting, spotlighting, or other high-intensity lighting over 100 watts shall be located, directed and aimed in a manner so that it does not produce light trespass in excess of 0.1 foot-candle at the lot line of any adjacent property line. All such lighting fixtures shall be installed, directed and aimed so that they do not project their output into windows of neighboring residences, adjacent uses, skyward or public street. All such lighting shall be reduced by 50% between the hours of 12:00 midnight and 6:00 a.m. Lighting for commercial, industrial, and institutional uses shall be controlled by automatic switching devices, such as time clocks, to permit the reduction of exterior lighting in order to mitigate nuisance glare and skylighting consequences.

Electrical feeds to all lighting standards shall be installed underground, not overhead.

The lighting support structures and poles utilized to illuminate an off-street parking area or loading area shall be placed a minimum of five feet from the curb stops or curbline, or placed on a concrete pedestal at least 30 inches above the surface of the pavement.

The applicant or landowner shall be responsible for the replacement of any damaged or nonfunctional lighting standards, bulbs, light shields or cutoff fixtures, lens, timing devices, electrical components and/or other lighting feature.

The applicant or property owner shall install all required lighting fixtures and facilities at his expense. Light fixtures and poles shall be in accordance with a lighting plan approved by the Township, as part of the application for subdivision, land development, conditional use, special exception and/or building permit.

The applicant or property owner shall be responsible for all costs involved in the maintenance, upkeep and operation of all required lighting facilities.

No lighting shall be permitted that shines directly onto an adjacent residence.

No lighting shall be permitted that creates a hazard by shining unto a public right-of-way.

Floodlights and other directional light fixtures visible from an adjacent residential use shall be extinguished no later than 12:00 midnight or shall be controlled by a motion sensor.

No lighting poles shall be higher than 150 feet without express approval of the Board of Supervisors. Applicant must demonstrate the reason for the poles to be higher and provide sufficient documentation to the Board of Supervisors to support such a decision.

Lighting shall be extinguished no later than 11:00 p.m., except for existing, nonconforming uses (e.g., regular events and regularly scheduled special events), in which case the use shall be permitted to utilize lighting in the same manner and at the same times as before the enactment of this section.

Illuminated signs, other than electronic, changeable signs and billboards, shall have an internal lighting source, an external indirect lighting source or an external shielded source. Billboards and externally illuminated signs shall be lighted by fixtures mounted at the top of the sign and aimed down toward the ground. Uplighting of signs is not permitted.

The maximum initial illumination of the vertical face of the sign or billboard shall be 30 footcandles. The maximum lamp rating for internally illuminated signs shall not exceed 1,000 lumens.

Rotating, flashing, pulsing, marching or oscillating light sources, lasers, beacons or strobe lighting are not permitted.

Electronic and/or LED signs. Applicant shall comply with § 500-35B(11) with regard to operational requirements of the sign. Electronic and/or LED signs shall not exceed a luminance level of 340 cd/m².

The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which is incidental to the display itself.

Where the sign consists of individual letters or symbols attached to or painted on a surface, the area shall be considered to be the smallest rectangle which can be drawn to encompass all of the letter and symbols.

The area of a sign painted upon or applied to a building shall be considered to include all lettering, wording and accompanying designs or symbols together with any backing associated with the sign.

In computing the square footage area of a double-faced sign, only one side of the sign shall be considered, provided that the sign has two parallel surfaces that are opposite and matching in size and shape and are not more than 16 inches apart. In cases where the sign faces are not parallel or are more than 16 inches apart, then both sides shall be considered in calculating the sign area.

Back-to-back signs shall be parallel and directly opposite each other and shall not be spaced more than 15 feet apart. The size and shape of the signs shall not deviate from each other and that shall utilize the same support structure.

V-type signs shall be at least five feet apart at the closest point and the interior angles shall not be greater than 30°. The size and shape of the signs shall not deviate from each other and they shall utilize the same support structure.

The sign shall be setback a minimum of 300 feet from the boundary of any residential zoning district and from the boundary of any property on which a residential dwelling is located.

The sign shall be setback a minimum of 500 feet from any street intersection, measured from the point of intersection of the center line of the intersecting streets.

The sign shall be setback a minimum of 300 feet from any other off-premise freestanding advertising sign and 600 feet from any back-to-back or V-type oriented freestanding off-premises sign.

Freestanding off-premises advertising signs located on a limited access highway, as designated by the Pennsylvania Department of Transportation, shall be setback a minimum of 500 feet from any other freestanding off-premises sign and 600 feet from and back-to-back or V-type oriented freestanding off-premises sign.

Each sign in a back-to-back or V-type orientation is permitted to be up to or equal to 300 square feet in area.

A freestanding off-premises sign shall not exceed 300 square feet ins area.

An electronic freestanding off-premise advertising sign exceeding 32 square feet in area will only be permitted along Interstate 176 and Interstate 76.

Junkyard.

Adult entertainment business.

Construction staging.

Funeral home.

The housing, care or education of persons who normally would be subject to institutionalization for mental, criminal or like reasons.

Any illegal activity is prohibited.

No less than 25% nor more than 35% of the minimum required common open space shall be improved for active recreational facilities, including, but not limited to, such facilities as: walking trails, lakes, playgrounds, swimming pools, tennis courts, baseball or other playing fields, recreation or community centers, or basketball courts.

The Township shall have the option to require a Developer to make payment of a fee in lieu of proposed on-site active recreational facilities, which fee-in-lieu is to be calculated based on the value of the on-site recreational facilities that are proposed for the site.

No road, emergency access roads, driveways, or utility rights-of-way or easements shall be within the acreage designated for the minimum common open space as required above.

No more than 25% of the common open space shall be comprised of stormwater management retention or detention basins.

At least 80% of the common open space shall be located within 1/2 mile from all dwelling units.

Common Open Space shall not include front, side and/or rear yards of an individual building.

Single family detached: 50% minimum.

Townhouses: 50% maximum.

All design standards and requirements contained in the Township's Subdivision and Land Development Ordinance and elsewhere in the Zoning Ordinance shall apply, except as may be modified by this section.

The minimum distance between any principal building and any accessory building or structure shall be 10 feet.

A comprehensive community landscape design plan shall be submitted by the Developer for review and approval by the Board of Supervisors. The community landscape design plan shall be consistent with Subsection K below. The community landscape design plan shall also be consistent with § 500-33 of the Zoning Ordinance and applicable provisions of the Subdivision and Land Development Ordinance of the Township, to the extent the provisions of § 500-33 and the provisions of the Subdivision and Land Development Ordinance do not conflict with the provisions of Subsection K.

Private streets shall be designed with a minimum 28-foot cartway. Public streets (i.e., those intended to be offered for dedication to the public) shall have a minimum 43-foot right-of-way and a minimum 33-foot cartway. Sidewalks shall be provided in accordance with § 425-210 of the Subdivision and Land Development Ordinance. Where streets have the minimum cartway width of 28 feet, on-street parking shall be restricted to one side of the street. If a sidewalk is permitted on just one side of the street, street parking will only be permitted on that side.

All streets located within the interior of a residential development shall be private streets owned and maintained by a Homeowners' Association. Any street within the residential development that affords the principal means of access to an abutting property shall not be considered an interior street.

No parking shall be permitted on any street within a residential development unless the street design meets the requirements of the Subdivision and Land Development Ordinance. Where no on-street parking is provided, in addition to the required off-street parking, the Developer shall provide additional off-street parking consistent with Subsection L below.

No group of townhouses shall consist of more than six dwelling units.

Within any continuous group of townhouses, there shall be at least two different architectural plans having substantially different designs, building materials and exterior elevations. In addition, no more than three continuous townhouses shall have the same front setback and the variation in front setback shall be at least two feet.

The area designated for townhouses shall not exceed 10 dwelling units per acre.

Except for other townhouses within the same townhouse group, no townhouse shall be closer than 50 feet to any other dwelling unit.

The minimum horizontal distance between groups of townhouses shall be:

Access and service shall be provided in the front of each townhouse. Parking may be provided on the lot, as an integral part of the townhouse, or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs.

Notwithstanding any other provision in this section to the contrary, all townhouse units shall have a minimum front yard setback of 20 feet from the right-of-way and a minimum lot width of 20 feet at the street line and 24 feet at the building setback line.

The landowner of every residential development shall submit with the Final Land Development Plan for review and approval by the Board of Supervisors, documents creating and governing the organization for the ownership and maintenance of the Common Open Space, recreation facilities, utilities, common areas, and facilities (hereinafter "Common Areas") within the proposed development. The landowner shall either a) dedicate the Common Areas to public use of the Township, or other public agency that has indicated it will accept such dedication; b) retain ownership and responsibility for ownership and maintenance; or c) provide for and establish one or more organizations for the ownership and maintenance of all Common Areas. In the case of (c) above, such organization(s) shall be a non-profit homeowners association.

If a homeowner association is used to own and maintain Common Areas, the following minimum requirements shall be incorporated into the association's regulations:

In the event that the organization established to own and maintain Common Areas, or any successor organization, shall at any time after establishment of the proposed development fail to maintain the Common Areas in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the Common Areas in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice.

At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the Common Areas from becoming a public nuisance, may enter upon said Common Areas and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said Common Areas, nor vest in the public any rights to use the same. Before the expiration of said year, the Township shall, upon its initiation or upon request of the organization theretofore responsible for the maintenance of the Common Areas, call a public hearing upon notice to such organization, or to the residents of the development, to be held by the Governing Body or its designated agency, at which hearing such organization of the residents of the development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Governing Body, or its designated agency, shall determine that such organization is ready and able to maintain said Common Areas in reasonable condition, the Township shall cease to maintain said Common Areas at the end of said year. If the Governing Body or its designated agency shall determine that such organization is not ready and able to maintain said Common Areas in reasonable condition, the Township may, in its discretion, continue to maintain said Common Areas during the next succeeding year, and subject to a similar hearing determination, in each year thereafter. The cost of such maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment of the Common Areas and shall become a lien on said properties. The Township at the time of entering upon said Common Areas for the purpose of maintenance shall file a notice of lien in the office of the prothonotary, upon the properties affected by the lien within the residential development.

The manner in which the common open space and any facilities included therein will be owned and by whom they will be managed and maintained;

The specific conservation and land management techniques and practices which will be used to conserve and perpetually protect the common open space, including, for example, stormwater management, where applicable, woodland stewardship planning, anticipated mowing schedules, management of invasive vegetation, provision for introduction of landscape materials, trail maintenance, recreation facilities, etc.;

The professional and personnel resources that will be necessary in order to maintain and manage the common open space;

The nature of public or private access that is planned for the common open space and the means by which such access shall be managed and/or controlled, as appropriate;

The source(s) and approximate amounts of funding that will be available for such management, preservation and maintenance on a perpetual basis; and

As a condition precedent to the release of the final plan for recording, a copy of the declaration, articles of incorporation and bylaws of the homeowners' association shall be provided to the Township for review, comment and approval.

A design which is responsive to the functional and aesthetic characteristics of the tract or lot, and existing and proposed principal and accessory buildings and other structures.

A design which demonstrates an effective proposal for screening the proposed use or activity from the adjoining properties.

A design which creates visual interest for the users and/or residents of the proposed project.

A design which promotes effective management of stormwater to minimize soil erosion and sedimentation and creates opportunities for infiltration to the groundwater system.

The use of plant material which is: acclimated to local conditions; located and spaced to achieve required screening, compatible groupings and other effective purposes; and not injurious of persons or pedestrians and vehicular circulation.

The total number of plantings required shall be no less than the total calculated from all columns in the following table and shall be in addition to any required replacement plantings due to woodland disturbance. The total number of required plantings may be dispersed throughout the tract to meet the objectives of this section. Additional plantings may be provided.

Where applicant can demonstrate to the satisfaction of the Board of Supervisors that existing vegetation, structural and/or topographic conditions located within 100 feet of existing tract boundaries or within 100 feet of the cartway of existing or new roadway segments will conceal, on a year-round basis, adjacent development from view from such tract boundary or roadway segments, the linear footage of such tract boundary or roadway segments may be excluded from calculation of required plantings as above.

Where calculation of the minimum number of plantings required as above results in fractions of plants required, the minimum number of plants required shall be rounded up to the nearest whole number.

Plantings used to comply with the minimum number of plantings required as above shall be:

The minimum number of plantings shall be determined in accordance with Subsection K(6)(a), above. Additional plantings may be provided to further the purposes of this section. Plantings provided in excess of the minimum required need not comply with the dimensional standards herein. Use of linear measurements for purposes of calculation is not intended to specify linear arrangement of plantings. Groupings of plantings are encouraged in lieu of linear arrangement, consistent with the provisions of this section.

Consistent with the terms of this section, applicant shall plant trees and shrubs and make other landscape improvements (e.g., berms, fencing) as necessary to mitigate any adverse impacts, including visual impacts, which his proposed actions will have on his property, adjoining properties, and the Township in general, and otherwise address landscape issues identified through review of the required plans.

Plantings and other landscape improvements shall be provided in arrangements and locations in response to specific site conditions and which best mitigate impacts of the applicant's proposed site disturbance actions. The amount, density, and types of plantings in any given location shall be based upon physiographic features, feasibility of using native species, proximity to existing dwellings, compatibility of adjacent uses, nature of views into and across the subject site, and in consideration of privacy of neighboring residential development.

Where specific need(s) for visual screening or privacy have been identified, evergreen plantings shall be provided at least six feet in height, planted at intervals no less than eight feet on center. Where the Board of Supervisors agrees that an eventual screen (in three to five years) is acceptable in lieu of an immediate screen (to buffer future development, for example), evergreen plantings shall be at least three feet in height, substituted at a ratio of two to one as provided in Subsection K(6)(d), above, and planted at intervals of three to five feet on center. Landscape material other than plantings shall not be used for purposes of visual screening or privacy except where approved by the Board of Supervisors and in accordance with an approved landscape plan. This restriction shall extend to any fence erected within any open space or perimeter buffer zone.

Planting areas shall be selected and designed to reflect natural landscape characteristics existing prior to site disturbance, as well as those environmental conditions to be created following site disturbance by the applicant.

The locations, dimensions, and spacing of required plantings shall be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as moisture and sunlight. In selecting locations for shade trees, consideration also shall be given to aesthetic qualities of the site and to the protection of solar access. In selecting the layout for landscape buffers or the location and mix of required plantings, consideration shall be given to the natural topography of the setting and the texture, coloration and compatibility of different plant species; it is strongly encouraged that improved landscapes be designed in such a manner as to be creative and attractive while maintaining the integrity of the natural landscape within which such work is proposed.

Plantings shall be limited or carefully selected for locations where they may be disturbed or contribute to conditions hazardous to public safety. Examples of such locations include but shall not be limited to the edges of parking areas; public street rights-of-way; underground and above-ground utilities; and sight triangle areas required for unobstructed views at street intersections. No trees shall be planted closer than 15 feet from fire hydrants, streetlights, or stop signs.

Number of off-street parking spaces whether the garage or on lot shall be provided in accordance with Subsection L(1)(b)[1] through [6] below.

Requirements for parking lots for townhouses.

Dedicate the common open space and recreation facilities to public use of the municipality, or other public agency that has indicated it will accept such dedication;

Retain ownership and responsibility for ownership and maintenance; or

Provide for and establish one or more organizations for the ownership and maintenance of all common open space and recreational facilities.

Membership in the organization shall be mandatory for all purchasers of dwelling units and their successors.

The organization shall be responsible for the maintenance, insurance, taxes, and other assessments on common open space and recreational facilities.

The members of the organization shall share equitably all the costs incurred, in accordance with the procedures established by them.

At such hearing the municipality may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.

If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the municipality, in order to preserve the taxable values of the properties within the cluster development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the municipality shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.

Before the expiration of said year, the municipality shall, upon its initiation or upon request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the cluster development, to be held by the governing body or its designated agency, at which hearing such organization of the residents of the cluster development shall show cause why such maintenance by the municipality shall not, at the option of the municipality, continue for a succeeding year. If the governing body, or its designated agency, shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the municipality shall cease to maintain said common open space at the end of said year. If the governing body or its designated agency shall determine that such organization is not ready and able to maintain said common open space in reasonable condition, the municipality may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing determination, in each year thereafter.

The cost of such maintenance by the municipality shall be assessed ratably against the properties within the cluster development that have a right of enjoyment of the common open space and shall become a lien on said properties. The municipality at the time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the office of the Prothonotary upon the properties affected by the lien within the cluster development.

Protect residential areas and land uses from potential adverse impacts of communications towers and antennas;

Minimize the total number of communications towers throughout the community;

Strongly encourage the joint use of new and existing communications tower sites as a primary option rather than the construction of additional single-use communications towers;

Encourage users of communications towers and antennas to locate them, to the extent possible, in areas where the adverse impact to the community is minimal;

Encourage users of communications towers and antennas to configure them in a way that minimizes the adverse visual impact of communications towers and antennas through careful design, setting, landscape screening and innovative camouflaging techniques;

Enhance the ability of the providers of communications services to provide such services to the community quickly, effectively and efficiently;

Consider the public safety of communications towers; and

Minimize potential damage to adjacent properties from tower failure through engineering and careful siting of communications tower structures.

Applicant shall demonstrate compliance with Subsection C above.

With respect to towers and antennas in R-1, R-2, R-3, and R-4 Zoning Districts, the towers and antennas shall be situated so that they are not located directly in front of any residential dwelling unit or occupied building, but are instead located so that they align with gaps between residential dwelling units and buildings.

To the extent feasible and practical, towers and antennas shall be located on existing utility poles or structures.

Towers, antennas and all supporting facilities shall be designed in a manner to be aesthetically consistent with the surrounding neighborhood, and stealth technology shall be utilized to minimize its visual impact.

Towers shall not interfere with stormwater management facilities or other utilities.

Towers and antennas shall not interfere with public safety communications or the reception of cable, internet, broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Ground facilities necessary for towers and antennas shall be located underground. To the extent that the applicant establishes that such facilities cannot be located underground, all supporting ground facilities for towers and antennas shall be fully screened through landscaping, in compliance with § 500-33. Applicant shall be responsible for maintaining such landscaping in perpetuity.

In no case shall towers or supporting ground equipment, facilities or landscaping be located within 24 inches of the edge of the cartway or the edge of the curbing or shoulder, whichever is greater.

Applicant shall establish compliance with Subsection E(3), (4), (5), (6) and (7) below.

The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all facilities within the right-of-way, based on public safety, traffic management, physical burden on the right-of-way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[2]

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and other information necessary to assure compliance with this section.

The setback distance between the proposed tower and the nearest residential unit and lot lines.

A landscape plan showing specific landscape materials.

Method of fencing, finished color and the method of camouflage and illumination.

A description of compliance with all applicable subsections and all applicable federal, state and local laws.

Each new tower or antenna shall have a fallout area equivalent to 1.1 times the height of said tower or antenna, which area shall be measured from the location of said tower or antenna in a 360° radius equal to the height of the same, which area shall be under the control of the applicant constructing said tower or antenna.

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures or the antennas on the existing towers or structures would cause interference with the applicant's approved antenna.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless reconstructed as a monopole.

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the co-location of additional antennas; such height change may only occur one time per communication tower and such additional height shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations.

A tower which is being rebuilt to accommodate the co-location of additional antennas may be moved on-site within 50 feet of an existing location. After the tower is rebuilt to accommodate co-location, only one tower may remain on the site. A relocated, on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The on-site relocation of a tower which comes within the separation distances as established in Subsection E(2) above shall only be permitted when approved by the Township.

Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (excluding replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.

Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain special exception approval and without having to meet the separation requirements specified in this section. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then applicable building codes[3] and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.

Antennas located on towers. The related unmanned equipment structure shall not contain more than 250 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Comprehensive Plan classification of the site and all properties within the applicable separation distance set forth in this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information necessary to assure compliance with this section.

Legal description of the parent tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

The separation distance from other towers described in the inventory of existing sites submitted shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and owner/operator of the existing tower(s), if known.

A landscape plan showing specific landscape materials located outside of fencing.

Method of fencing, finished color and, if applicable, the method of camouflage and illumination.

A description of compliance with all applicable subsections and all applicable federal, state and local laws.

A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

Identification of the entities providing the backhaul network for the tower(s) described in the application and other tower sites owned or operated by the applicant in the Township.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological and geographical limitations, in the event the proposed tower is erected.

For purposes of determining whether the installation of an antenna complies with district regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antenna may be located on leased parcels within such lot.

Inventory of existing sites. Each applicant for an antenna shall provide to the Township an inventory of its existing towers, antennas, distributed antenna systems or sites approved for towers or antennas, that are either within the jurisdiction of the Township or within five miles of the border thereof, including specific information about the location, height, and design of each tower. The Township may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Township; provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

All antennas must meet or exceed current standards and regulations of the FAA, the FCC, American National Standards Institute (ANSI), the Institute for Electrical and Electronics Engineers (IEEE), and any other agency of the state and federal government with the authority to regulate antennas. If such standards and regulations are changed, then the owners of the antennas governed by this section shall bring such antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the antenna at the owner's expense.

To ensure the structural integrity of antennas, the owner of an antenna shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes[4] and the applicable standards for antennas that are published by the Electrical Industry Association, as amended from time to time. If, upon inspection, the Township concludes that an antenna fails to comply with such codes and standards and constitutes a danger to persons or property then, upon notice being provided to the owner of the antenna, the owner shall have 30 days to bring such antenna into compliance with such standards. Failure to bring such antenna into compliance within said 30 days shall constitute grounds for the removal of the antenna at the owner's expense.

For purposes of measurement, setback and separation distances shall be calculated and applied to facilities located in the Township irrespective of municipal and county jurisdiction boundaries.

Owners and/or operators of antennas shall certify that all franchises required by law for the construction and/or operation of a communication system in the Township have been obtained and shall file a copy of all required franchises with the Township.

No signs shall be allowed on an antenna, except where required by law or approved by the Township.

To the extent feasible and practical, antennas shall be located on existing utility poles or structures.

Antennas and all supporting facilities shall be designed in a manner to be aesthetically consistent with the surrounding neighborhood, and stealth technology shall be utilized to minimize its visual impact.

Antennas shall not interfere with public safety communications or the reception of cable, internet, broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Ground facilities necessary for antennas shall be located underground. To the extent that the applicant establishes that such facilities cannot be located underground, all supporting ground facilities for antennas shall be fully screened through landscaping, in compliance with § 500-33. Applicant shall be responsible for maintaining such landscaping in perpetuity.

The owner of such antennas shall provide a minimum of three business days' notice to the Township and the property owner of any construction related to the antennas.

Any antenna that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna shall remove the same within 90 days of receipt of notice from the Township of such abandonment. Failure to remove an abandoned antenna within said 90 days shall be grounds to remove the antenna at owner's expense. If there are two or more users of a single antenna, then this provision shall not become effective until all users cease using the tower. When required by the Township, the applicant shall post a financial security in a form acceptable to the Township to cover the cost of removing the antenna.

Antennas located on property owned, leased, or otherwise controlled by the Township, provided a license or lease authorizing such antenna has been approved by the Township, shall not require special exception approval.

Communications antennas shall not cause radio frequency interference with other communications facilities located in Caernarvon Township.

The related unmanned equipment structure shall not contain more than 250 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.

Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

Evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna's location;

Evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is proposed to be mounted so that installation and maintenance of the antenna and communications equipment building can be accomplished.

Antennas mounted on structures or rooftops. In addition to the requirements of Subsection F above, the equipment or structure used in association with antennas shall comply with the following:

Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

ASES shall be permitted as an accessory use by right in all zoning districts.

The ASES layout, design, installation and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Cooperation (SRCC), Electrical Testing Laboratory (ETL) or other similar certifying organizations, and shall not comply with the PA Uniform Construction Code, and with all other applicable fire and life safety requirements.

All on-suit utility, connection lines and plumbing shall be placed underground.

Glare.

Decommissioning.

Use and occupancy/building permit applications shall document compliance with this section, other applicable sections of the Ordinance and shall be in accordance with §§ 500-76 and 500-77 of the Township Code.

A roof mounted or wall mounted ASES may be located on a principal or accessory building.

The total height of a building with an ASES shall not exceed by more than three feet above the maximum building height specified for principal or accessory buildings within the applicable zoning district.

Wall mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.

Solar panels shall not extend beyond any portion of the roof edge.

For roof and wall mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code including that the roof or wall is capable of holding the load imposed on the structure.

Setbacks.

Height. Ground mounted ASES shall not exceed 15 feet in height above the ground elevation surrounding the systems.

Stormwater management.

Buffering:

Appropriate safety/warning signage concerning voltage shall be placed at ground mounted electrical devices, equipment and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

Ground-mounted ASES shall not be placed within any legal easement or right-of-way location or be placed within any storm water conveyance system, unless the Applicant can demonstrate, to the satisfaction of the of the Township, that the ASES will not impede stormwater management, or in any other manner later or impede stormwater runoff from collecting in a constructed storm water conveyance system.

The PSES layout, design and installation shall conform to good industry practice. "Good industry practice" shall mean the practices, methods, standards, and acts (engaged in or approved by significant portion of the solar power industry for similar facilities in similar geographic areas that are similar in size and complexity) as the same may change from time to time, that, at a particular time, in the exercise of reasonable professional judgment in light of the facts known at the time a decision was made, would have been expected to accomplish the desired result in a manner consistent with applicable law, regulation, codes, good business practices, reliability, safety, environmental protection, economy, expedition and shall comply with the PA Uniform Construction Code and with all other applicable fire and life safety requirements.

The application shall include a construction transportation plan that shows all roadways that will be utilized to access the site, which shall be forwarded to the Township for review.

DC voltage Solar Array Connections may be located above ground.

AC Solar Facility Connections should be located underground where feasible. AC Solar Facility Connections may be located above ground where the Applicant can demonstrate to the satisfaction of Township that the overall environmental impacts would support above ground location.

Solar Project Connections may be located above ground.

No portion of the PSES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES provided they comply with the prevailing sign regulations.

Noise management.

Glare.

The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Township. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

Decommissioning.

An Emergency Response Plan shall be included with the land development plan application, which shall be reviewed and approved by Caernarvon Township upon the review and recommendation as may be deemed applicable by the Caernarvon Township's Emergency Management Coordinator, Fire Marshall, Police Chief and Fire Chief.

Permit requirements.

PSES Development Area is equal to the total acres of land subject to lease by the PSES Developer. Where the area of land subject to the lease is greater than 75% of the parcel, the entire parcel will be considered as part of the PSES Development Area. In the case of a Solar Energy Project, the PSES Development Area is not limited to one parcel and is equal to the total acres of land subject to lease by the PSES Developer on all parcels. In the case of a Solar Energy Project, where the area of land subject to the lease is greater than 75% of any parcel that is part of the Solar Energy Project, the entire parcel will be considered as part of the PSES Development Area.

Solar array locations:

Setbacks.

Height.

Stormwater management.

Ground mounted PSES shall be screened and buffered in accordance with the following standards.

Ground-mounted PSES shall not be placed within any legal easement or right-of-way location or be placed within any storm water conveyance system.

Security.

Access.

The ground mounted PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state or local authority.

For roof and wall mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code including that the roof or wall is capable of holding the load imposed on the structure.

The total height of a building with a roof and wall mounted system shall not exceed by more than three feet above the maximum building height specified for principal or accessory buildings within the applicable zoning district.

Permitted number. Freestanding advertising signs shall be limited to not more than one per property except that for a property that has frontage on more than one street, in which case one such sign shall be permitted on each separate street frontage.

Size and height. Freestanding advertising signs shall be permitted in accordance with the following:

Permitted number. No limit except that the total area of all parallel wall advertising signs applied to any given building wall shall not exceed the area computed as a percentage of the building wall in elevation view, including window and door areas to which they are affixed or applied shall be in accordance with the following.

External directional signs located along frontage of local streets. The area of one side of a directional sign shall not exceed 15 square feet. No more than one freestanding directional signs shall be erected along each local street frontage of each property.

External directional signs located along frontage of arterial and collector streets. The area of one side of a directional sign shall not exceed 24 square feet. No more than two freestanding directional signs shall be erected along each collector and arterial street frontage of each property.

Internal directional signs. There shall be no limitation on the size or number of internal directional signs the copy of which is not intended to be or is readily discernible, as viewed from the nearest adjoining lot line. Such signs shall not contain any advertising, except that a maximum of 25% of the sign area may contain the business name and/or logo.

Specific bedroom accommodation. The owner may rent bedrooms of a property to transient visitors for a period of not less than 36 hours and not more than 30 consecutive days. Under the arrangement, the owner must occupy the property during the rental period in the R-1 and EAP Districts, but is not required to do so in any other district.

Entire unit accommodation. An owner may rent the entirety of a property to transient visitors for a period of not less than 36 hours and not more than seven consecutive days. This type of rental arrangement is permitted in any of the zoning districts where an STR is permitted by special exception.

Outdoor parking for occupants shall be limited to available parking areas on the STR property. In no event shall parking for an STR include spaces in any public street right-of-way or on any lawns or vegetated areas. A maximum of one car per bedroom is permitted for any STR.

Overnight occupancy of recreational vehicles, camper trailers, and tents at the property where the STR is located shall not be allowed. Outdoor overnight sleeping of occupants is prohibited.

The name of the owner of the STR, or a designated agent as a person in charge, must provide a telephone number at which that party can be reached on a 24-hour basis. The owner, or designated agent, must reside within 15 minutes travel time of the STR.

The 911 address of the property.

The maximum number of occupants permitted to stay in the dwelling.

The maximum number of all vehicles allowed to be on the property and the requirement that all guests parking must be parked in the available parking areas on the property, and not in or along any private, community or public street right-of-way, or on any law or vegetated area on the property.

The trash pick-up day and notification that trash and refuse shall not be left or stored on the exterior of the property.

Notification that the owner and/or occupant will be cited and fined for creating a disturbance or for violating other provisions of the Township Code, including parking and occupancy limits.

Notification that STR occupants are required to make the dwelling unit available for inspection by the Zoning Officer or Property Maintenance Official upon request.

The owner shall, upon notification that occupants of the short-term rental unit have created unreasonable noise or disturbance, engaged in disorderly conduct or violated provisions of Township Ordinances or state law pertaining to noise or disorderly conduct, promptly use their best efforts to prevent a recurrence of such conduct by occupants or guests.

Smoke detectors in each bedroom;

Smoke detectors outside each bedroom in common hallways;

Smoke detectors on each floor;

GFI outlets for all outlets located within six feet of water sources;

Aluminum or metal exhaust vent from dryer;

Carbon monoxide detector if open flame (oil or gas) furnace, gas or wood fireplace, or wood-burning stove;

Carbon monoxide detector if garage is attached;

Fire extinguisher in kitchen conspicuously located;

Stairs (indoor and outdoor) in good condition;

If not served by a public sewer system, evidence that the sewer system is adequate to serve the maximum number of occupants of the STR;

Fully functioning bathing and toilet facilities;

Fully functioning kitchen (if one has been installed);

There shall be no overnight guests other than the individuals renting the facility;

The owner's discretion shall determine whether pets shall be allowed. Service animals as defined by the Americans with Disabilities Act shall be permitted;

If the owner makes any structural modifications to the property in order to operate a STR, the owner shall comply with the Pennsylvania Uniform Construction Code and all other local, state and federal building and occupancy requirements. All necessary construction permits shall be obtained from the Township. All owners shall state in their short-term rental advertisements that the property is compliant with the Americans with Disabilities Act.

The property shall be cleaned and made deficiency-free following each occupancy;

Following each occupancy, the property shall be inspected by the property Owner or its agent before the property is re-occupied and must be deficiency-free before being re-occupied.

An accurately drawn floor plan showing details for all floors of the property and any attached structures, and include the number and location of all bedrooms, bathrooms, windows, interior and exterior doorways, smoke alarms, and carbon monoxide detectors;

In the case of a STR where the owner rents a Specific Bedroom Accommodation, the floor plan must clearly designate bedrooms to be used for STR and;

Formal warning. Formal written notification may be issued in the event of at least one violation of this section. Upon satisfactory remediation of such violation(s) and any conditions imposed by the Zoning Officer, or the Zoning Officer's designee, the formal warning shall be removed when the owner applies for a renewal of the STR Permit.

Suspension. An STR Permit may be suspended in the event of at least one violation of this section. Suspension results in the immediate loss of the privilege to rent the STR for the period of time set by the Zoning Officer, or the Zoning Officer's designee, not to exceed one year from the date of suspension. The owner, after the expiration of the suspension period, may apply for a STR Permit renewal. A determination of whether to renew the STR Permit shall depend on the satisfactory remediation of the violation(s) that resulted in the suspension, as well as compliance with all other requirements set forth in this section. Upon suspension, the owner shall take immediate steps to evict, and disallow any further use by, all transient visitors at the STR through the end of the suspension period and until such time as the STR Permit has been restrained.

Revocation. An STR Permit may be revoked in the event of at least one violation of this section. Revocation results in the immediate loss of the privilege to rent the STR for any period of time in excess of one year or for a second or subsequent suspension of the STR Permit for the same property, as may be determined by the Zoning Officer, or the Zoning Officer's designee. Upon revocation, the owner shall take immediate steps to evict, and disallow any further use by, all transient visitors at the STR through the end of the revocation period and until such time as the STR Permit has been reinstated.

Reinstatement. A STR Permit may be reinstated from suspension or revocation if the owner of an STR satisfactorily remediates all violation(s) that led to the suspension or revocation of the STR Permit, pays for a new permit fee, and demonstrates compliance with all other requirements set forth in this section.

Non-renewal. The Zoning Officer, or the Zoning Officer's designee, may deny an application for STR Permit renewal and/or reinstatement due to the failure of the owner to comply with the requirements of this section or for a failure to satisfactorily remediate any previously noted violation(s) leading to the suspension and/or revocation of the STR Permit.

The effect of the violation(s) on the health, safety and welfare of the transient visitors and/or any other residents of the property;

The effect of the violation(s) on nearby property owners;

The history of any prior violation(s) of this section and any other provision of the Caernarvon Township Code of Ordinances; and

The actions taken by the owner to satisfactorily remediate any past or current violation(s) and to prevent future violation(s).

The address and owner of the involved STR;

A description of the violation(s) found to exist therein;

If applicable, a statement that the STR Permit has been suspended or revoked, along with the effective date of such suspension or revocation, and the length of the suspension and/or revocation; and

In the event of a suspension or revocation, a statement that the owner is prohibited from allowing the use of the STR by transient visitors during the suspension or revocation period.