Uses, Buildings and Structures Accessory to Agriculture.

Uses, Buildings and Structures Accessory to Dwellings.

Accessory Use Structures in Yards.

The plans submitted for the conversion of said dwelling shall be submitted to the Board of Supervisors, accompanied by certificate of approval by the Pennsylvania Department of Labor and Industry when two or more families are to be housed above the ground floor.

Such plans shall provide adequate and suitable parking in accordance with Part 13.

Such dwelling shall be subject to the height, area, width and yard regulations effective in the district wherein such dwelling is situated, except that there shall be a lot area not less than the product of the minimum lot area prescribed in the district regulations and the number of families for the use of which such dwelling is to be converted.

There shall no external alteration of the building except as may be necessary for reasons of safety, and fire escapes and outside stairways shall, where practicable, be located in the rear of the building.

The Board of Supervisors may prescribe such further conditions and restrictions with respect to the conversion and use of such dwelling, and to the use of the lot, in accordance with § 27-1809.

The pool is intended, and is to be used, solely for the enjoyment of the occupant of the principal use of the property on which it is located, and their guests which may be within.

It may not be located, including any walks, or paved area or accessory structures adjacent thereto, closer than 20 feet to any property line which may be within either the rear yard or side yard of the property on which it is an accessory use.

The swimming pool area or the entire property on which it is located shall be so walled or fenced or otherwise protected so as to prevent controlled access by children from the street or from adjacent properties. Such fences or walls shall not be less than four feet in height, maintained in good condition, and shall conform to § 27-1606, herein.

A minimum of two off-street parking spaces in addition to those required of residential units shall be required.

No more than one person or the equivalent of one person shall be employed full-time by the resident.

The area used for the practice of a home occupation shall occupy no more than 20% of the total floor area of the dwelling unit. No manufacturing, repairing or other mechanical work performed in connection with such home occupation, shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the property line.

No outside storage of materials or products shall be permitted.

No external alterations shall be permitted to the dwelling units except those customarily in the residential buildings.

No products shall be sold on the premises.

No signs or outside advertisement shall be permitted.

A minimum of five off-street parking spaces in addition to those required of residential units shall be required.

No more than two persons or the equivalent of two persons shall be employed full-time by the resident.

The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit. No manufacturing, repairing or other mechanical work performed in connection with such home occupation, shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the property line.

No outside storage of materials or products shall be permitted.

No external alterations shall be permitted to the dwelling unit except those customarily in the residential building.

No more than one sign of up to three square feet shall be permitted.

No major home occupation shall be permitted or conducted in an apartment dwelling.

A "no-impact home-based business" is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.

Such business or commercial activity shall satisfy the following requirements:

The total number of livestock animals permitted on any lot shall be computed according to the total number of acres comprising the lot and the following number of acres required per animal. A minimum lot area of four acres is required to keep: one horse or cow; or up to 10 swine or sheep; or up to 20 fowl; or up to 50 chickens. For lot areas in excess of four acres, the number of additional animals that may be kept shall be in accordance with the following table: (Animals not referenced below shall be judged according to the requirement for animals of a similar size.)

No person owning or having in his/her custody livestock or poultry shall maintain such so as to create any health or safety hazard or obnoxious or foul odor, except to the minimum practical extent inherent in the nature of keeping said livestock or poultry, in particular:

No person owning or having in his/her custody livestock or poultry shall permit same to go at large to the injury or annoyance of others, nor shall livestock or poultry be permitted at large upon the streets or other public ways of the Township. Such action is hereby declared to be a nuisance and dangerous to the public health and safety.

Muddy, dusty, or uncrossed pasture areas that are denuded of grass and creating problems associated with stormwater runoff shall be stabilized to minimize erosion.

Keeping Chickens. Keeping female chickens for a non-commercial purpose on lots of between one acre to 3.99 acres shall be permitted subject to the provisions set forth below, which limit the potential adverse impacts to the surrounding neighborhood, by creating basic standards and requirements.

An EIA report shall be submitted for the following types of application:

In addition, an EIA report shall be submitted as required in § 22-708, of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.

The content of the EIA report shall be in accordance with the provisions governing same in § 27-708, of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.

No person shall make, continue or cause to be made or continued, any noise disturbance.

The following acts and the causing thereof, are declared to be noise disturbances and, therefore, in violation of this chapter:

The following provisions shall govern motor vehicle noise controls:

The noise from any of the aforesaid prohibited acts that disturbs two or more residents or other owners in use or occupancy who are in agreement as to the times and durations of the noise and who occupy separate residences or other buildings, including apartments, townhouses, and the like, located across the lot line of the receiving land use, shall be prima facie evidence of a noise disturbance.

No person shall operate or cause to be operated any noise producing source in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table, more than 10% of any measurement period, which shall not be less than 30 minutes nor more than 60 minutes when measured at or beyond the lot line of the receiving land use in a District other than I/O, B-1, LI/B, NC or PRD. Any sound source that produces sound in excess of those levels shall constitute a noise disturbance.

Notwithstanding the provisions of Subsection 4E herein, for any noise producing source of sound the maximum sound level shall not exceed the sound level limits in the table above by:

A violation of Subsections 4E and 4F above shall be construed to occur when the dBA limits are exceeded more than once during any consecutive ten-day period.

In the event the background ambient sound levels set forth in Subsection 4E, the sound level of the intrusive noise producing source shall be measured with the ambient background sound level being substituted as the sound level limit in Subsection 4E.

Sound shall be measured at or beyond the lot line of the receiving land use.

Any noise which occurs on a lot which, according to this chapter is being used in a legally nonconforming manner, and which noise relates to said use, shall be judged as if the lot bore a zoning designation under which the use would be conforming.

All sound measurements shall be made on a sound level meter calibrated in the manner required by the manufacturer's specifications and such meter shall be approved by the American National Standards Institute (ANSI) or its successor body or such other society, organization or the like approved by the Board of Supervisors. All sound level measurements shall be taken at an elevation five feet above the ground.

The following sounds are exempted from the provisions above:

No flammable, combustible or explosive liquids, solids or gases shall be stored in bulk above the ground except in tank or drums for fuel directly connecting with energy devices, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel. All such tanks or drums shall be painted or otherwise coated white or other heat reflective color. All federal, state and local laws shall be met.

All storage facilities for fuel, raw materials and products stored outdoors including those permitted in Subsection 6A above shall be enclosed by a fence of a type, construction and size as shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also constitute a contiguous visual buffer. All federal, state and local laws shall be met.

No materials or wastes, except for those related to normal agricultural activities, shall be deposited, buried or used for fill upon a lot in such form or manner that they may contaminate or otherwise pollute a stream or other watercourse or otherwise render such stream or other watercourse undesirable as a source of water supply or recreation (remote or immediate) or destroy or otherwise harm aquatic life, enter any stream or other watercourse, or cause or contribute to a violation of federal, state or local law.

No materials or wastes, except for those related to normal agricultural activities, shall be deposited, buried or used for fill upon a lot in such form or manner that they may damage, destroy, or create hazards or contamination to humans, terrestrial wildlife contaminate or wildlife, soil and/or vegetation.

Underground storage of flammable, combustible, explosive or other hazardous substances or materials and the construction or installation of tanks and other receptacles therefore, shall be in accordance with the Fire Prevention Code and subject to the approval of the Fire Marshal to the extent such approval is not preempted by federal or state law. Any such approval, if given, may be given, subject to conditions deemed necessary to protect the public health, welfare and safety.

All materials or wastes which cause or are reasonably likely to cause fumes, odors or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. All federal, state and local laws shall be met.

Whenever an environmental impact assessment (EIA) report is required by this chapter or the Subdivision and Land Development Ordinance [Chapter 22], the following provisions shall apply:

A bed and breakfast inn shall only be permitted in a single-family detached dwelling that is an historic resource. The owner of the historic resource shall reside in the premises and operate the bed and breakfast inn.

Such use may only be located in an FR or R-1 District if the historic resource fronts upon a minor arterial, major collector, or minor collector road as shown on the Historic Resources Map.

Such use shall be limited to five guest rooms to accommodate a maximum of 10 guests in any single evening. All guest rooms shall be located within the existing single-family detached dwelling. A diagram of the premises indicating the room or rooms within the dwelling to be utilized for guest occupancy shall be submitted with the application for conditional use.

No guest shall be registered more than 21 consecutive nights, nor 30 cumulative nights during a six-month time period.

The minimum lot area for a bed and breakfast inn with up to three guest rooms shall be 80,000 square feet. Whenever there are four or five guest rooms, the minimum lot area shall be 100,000 square feet and 120,000 square feet respectively.

Every bed and breakfast inn shall provide bathroom facilities in accordance with the following minimum requirements:

The dwelling housing the bed and breakfast inn shall not be structurally or physically altered (except for regular maintenance and repairs). The exterior of the dwelling shall maintain the appearance of a single-family detached dwelling.

The bed and breakfast inn use shall be subordinate to the residential use of the owner and shall be operated by the owner. There shall be no more than an equivalent of two full-time nonresident employees, in addition to the resident family members.

There shall be no separate or secondary kitchen or cooking facilities on the property, in the dwelling or in any guest room. Food served to guests on the premises shall be limited to only breakfast and afternoon tea.

The application for conditional use shall be accompanied by certification from the Chester County Health Department that the existing sewage system can accommodate maximum usage proposed by the bed and breakfast inn. If the proposed use is to be served by a public sewerage system, the applicant shall submit documentation from the servicing authority that the proposed use will be served.

If the bed and breakfast inn is not connected to a public water supply system, a certificate issued by a licensed testing laboratory, which certifies that the drinking water serving the residence is potable, shall be submitted at the conditional use hearing.

The bed and breakfast inn shall require an occupancy permit issued by the Zoning Officer prior to the opening of the bed and breakfast Inn for the accommodation of guests. Any request for the issuance of an occupancy permit shall be accompanied by a copy of the order of the Board of Supervisors, approving a conditional use for the property upon which the bed and breakfast inn will be maintained and operated. The owner/operator shall provide evidence of current ownership of the property at the conditional use hearing and upon application for the occupancy permit. A bed and breakfast inn shall not be operated at any time without a valid occupancy permit.

No occupancy permit shall be issued unless the applicant has demonstrated compliance with the terms and conditions set forth by the Board of Supervisors in its conditional use order.

A bed and breakfast inn shall be operated in compliance with the terms and conditions set forth in the conditional use order and those set forth in § 27-1809.

A bed and breakfast inn shall be limited to one sign which shall not exceed three square feet in area. The design of the sign shall utilize natural materials only and shall be submitted with the application for the conditional use. Temporary signs are prohibited.

One off-street parking space per bedroom used for the bed and breakfast inn and one space for each full-time equivalent nonresident employee shall be provided on the premises, in addition to other off-street parking spaces required in Part 13.

The Zoning Officer may inspect the facility at any time with notice, including any on-lot sewage disposal and any on-lot water systems, and determine whether it is in compliance with the provisions of this chapter and any conditions of the conditional use order or occupancy permit. The occupancy permit may be revoked if the property is not in compliance.

The bed and breakfast inn shall comply with all fire safety and Department of Labor and Industry requirements.

An occupancy permit issued for a bed and breakfast inn shall be valid for five years from the date of issuance. The permit shall be renewed every five years. The application procedure and fee shall be the same as applicable to Township occupancy permits in general. The initial and renewal permit shall not be issued until the facility has been inspected by the Zoning Officer to insure compliance with all applicable ordinances and regulations, the conditional use order and, if a renewal application, the original occupancy permit.

An occupancy permit for the operation and maintenance of a bed and breakfast inn shall be issued only to an individual or individuals who own and reside within the residence for which the permit is sought.

The dwelling that houses the bed and breakfast inn shall not include a boarding house or dormitory.

If a property is used for a bed and breakfast inn, it shall not also be used for an adaptive reuse.

For properties that front upon a minor arterial or major collector road as shown on the Historic Resources Map:

For properties that front upon a minor collector road as shown on the Historic Resources Map:

All uses shall be located on properties that comply with the street locational criteria in Subsection 2.

All uses listed in Subsection 2 shall be operated by the owner of the historic resource who shall reside on the property. There shall be no more than an equivalent of four full-time nonresident employees, in addition to the resident family members.

The adaptive reuse shall require an occupancy permit issued by the Zoning Officer prior to commencement of the use. Any request for the issuance of a permit shall be accompanied by a copy of the order of the Board of Supervisors approving a conditional use for the adaptive reuse on the property upon which the use will be maintained and operated. The owner/operator shall provide evidence of current ownership of the property at the conditional use hearing and upon application for the occupancy permit. The adaptive use shall not be operated at any time without a valid occupancy permit.

The area used for the adaptive reuse shall occupy no more than 2,000 total square feet in the principal or accessory building, except for conversions as provided for in Subsection 2A(10).

No noise, odor, vibration, glare, electromagnetic interference, or smoke, shall be noticeable at or beyond the property line.

One off-street parking space for every 250 square feet of use shall be provided, and one space for each full-time equivalent non-resident employee shall be provided on the premises, in addition to other off-street parking spaces required in Part 13 and Subsection 2A(7).

All uses shall be limited to one sign which shall not exceed six square feet in area. The design of the sign shall utilize natural materials only and shall be submitted with the application for the conditional use. Temporary signs are prohibited.

All uses shall be operated in compliance with the terms and conditions of the conditional use order and those set forth in § 27-1809.

No occupancy permit shall be issued unless the applicant has demonstrated compliance with the terms and conditions set forth by the Board of Supervisors in its conditional use order.

If the use is not connected to a public water supply system, a certificate issued by a licensed testing laboratory, which certifies that the drinking water serving the residence is potable, shall be submitted at the conditional use hearing.

The Zoning Officer may inspect the facility at any time with notice, including any on-lot sewage disposal and any on-lot water systems, and determine whether it is in compliance with the provisions of this chapter, all other applicable ordinances and regulations, and any conditions of the conditional use order or occupancy permit. The occupancy permit may be revoked if the property is not in compliance.

An occupancy permit for the operation and maintenance of the use shall be issued only to an individual or individuals who own and reside within the residence for which the permit is sought. An occupancy permit issued for an adaptive reuse shall be valid for five years from the date of issuance. The permit shall be renewed every five years. The application procedure and fee shall be the same as applicable to Township occupancy permits in general. The initial and renewal permits shall not be issued until the facility has been inspected by the Zoning Officer to insure compliance with all applicable ordinances and regulations, the conditional use order and, if a renewal application, the original occupancy permit.

The building or structure housing the adaptive reuse shall not be structurally or physically altered (except for regular maintenance and repairs) except as approved by conditional use. The exterior of the building or structure shall maintain the architectural appearance which existing prior to the adaptive reuse.

The use shall comply with all fire safety and Department of Labor and Industry requirements.

All uses shall be reviewed by the Charlestown Township Historic Commission, who shall comment on their appropriateness.

Design. In order to reduce the number of communications antenna support structures in the Township in the future, the proposed communications antenna support structure shall be designed to accommodate other potential communication users, including not less than one wireless communications company and not less than one local police, fire or ambulance service communications provider, through the addition or incorporation of antenna(s) anchored at a location or in locations on the communications antenna support structure which the applicant does not intend to anchor its communications antenna.

Fencing. A security fence shall be required around the antenna support structure and other equipment, unless the communications antenna(s) is(are) mounted on an existing structure, as provided herein.

Landscaping. The following landscaping shall be required to screen as much of a newly constructed communications antenna support structure as possible. The Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the discretion of the Board of Supervisors, they achieve the same degree of screening as the required landscaping.

Licensing and Applicable Regulations. The applicant must demonstrate that it is licensed to provide wireless communications services by the Federal Communications Commission (FCC), through the submission of a copy of a license issued by the FCC, authorizing the provision of wireless communications services by the applicant directly or through licensure or other authorized permission. A copy of this license is to be provided to the Township within 15 days of the submission of an application for conditional use or other municipal approval.

Proof of Inspection. The owner of a communications antenna support structure shall submit to the Township Engineer proof of the annual inspection of the communications antenna support structure and communications antenna(s) by an independent professional engineer as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection, the Board of Supervisors may require removal or repair of the wireless communications facility. In the event the annual inspection referred to above is not performed in a timely manner, the landowner as well as the applicant or other licensed provider of wireless communications service shall be subject to civil enforcement proceedings in accordance with § 27-1801 of this chapter, and such other remedies as are provided by law.

Required Parking. If the wireless communications facility is fully automated, an adequate parking area shall be required for all maintenance workers. If the wireless communications facility is not fully automated, the number of required parking spaces shall equal the number of employees present at the wireless communications facility during the shift with the greatest number of employees or staff.

Visual Appearance.

Site Plan. A full site plan shall be required for all wireless communications facilities, showing all existing and proposed structure(s) and improvements, including, but not limited to, the communications antenna(s), communications antenna support structure, building, fencing, buffering and ingress and egress. The plan shall comply with the Township Subdivision and Land Development Ordinance,[1] with the exception of such planned documentation/information which would be required to demonstrate compliance with those provisions of the Subdivision and Land Development Ordinance (or a Pennsylvania Stormwater Management Act) pertaining to stormwater management.

Signs. No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the FCC, FAA or other governmental agency, and except for an identifying sign of no greater than three square feet, setting forth the name and means of contacting the operator.

Lighting. Communications antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No communications antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be limited to not greater than 50% in excess of the minimum lumens and number of lights so required and, if not inconsistent with FAA or other governmental regulations, shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

Maintenance. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and the traffic safety and notice impacts of such maintenance. This information shall be submitted, in writing, in the form of a proposed maintenance schedule, as part of the conditional use application or other application for zoning or building authorization.

Vehicular Access. In the event a communications antenna(s) is(are) attached to an existing structure, vehicular access to the wireless communications facility shall not interfere with the parking or vehicular circulation on the site for the existing principal use.

Co-location. If the applicant proposes to build a communications antenna support structure [as opposed to mounting the communications antenna(s) on an existing structure], the applicant shall demonstrate that it has contacted the owners of structures of suitable location and height (such as smokestacks, water towers and buildings housing existing communications antenna support structures) within a one-mile radius of the site proposed and asked for permission to install the communications antenna(s) on an existing structure as set forth in this subsection or demonstrate that the applicant cannot adequately extend or infill its communication system through the use of these structures. Charlestown Township would be authorized, at no cost and/or rental fees, to install antenna(s) and transmission cable equipment on the tower for the Township and emergency use.

Abandonment.

Notification. All applicants seeking to construct, erect, relocate, or alter a wireless communications facility shall file a written certification with the Township Zoning Officer that all property owners within a three-hundred-foot radius of the proposed communications antenna support structure have been given written notice by the applicant, mailed at least 14 days prior to the date of the hearing, of the applicant's intent to construct, erect, relocate, or alter a wireless communications facility. The certification shall contain the name, address and tax parcel number of the property owners so notified. Such notice shall also contain the date and time of the Board of Supervisors' meeting at which the applicant will appear and demonstrate compliance with the provisions of this section.

Interference. In the event the wireless communications facility causes interference with the radio, subscriber equipment or television reception of any Township resident for a period of three consecutive days, the resident shall notify the Township, in writing, of such interference. The Township shall notify the owner/operator of the wireless communications facility of such interference, and the owner/operator, at the owner/operator's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event the interference is not corrected in a timely manner, the owner/operator shall be subject to the civil enforcement proceedings in accordance with § 27-2101 of this chapter and may have the conditional use or other municipal approval revoked.

Standard of Care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current, applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Monopole Design. All tower-based WCFs shall be monopoles.

Wind. Any tower-based WCF shall be designed to withstand the effects of wind according to the standards designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIN/TIA-222-E Code, as amended). Further, due to local weather conditions, the tower-based WCF must be built to withstand 100 mph sustained winds with a uniform loading of 50 pounds, or short-duration gusts of up to 150 mph. An independent professional engineer registered in Pennsylvania shall attest to the proposed tower-based WCF structure's ability to meet this requirement and certify proper construction of the foundation and erection of the tower.

Security. All tower-based WCFs shall have an integral security platform, or other means with locked access, to prevent unauthorized climbing of the tower.

Maximum Heights. No tower-based or non-tower-based wireless communications facility shall be taller than 120 feet measured from undisturbed ground level, unless the applicant proves that another provider of wireless communications services has agreed to co-locate communications antenna(s) on the applicant's communications antenna support structure or the applicant demonstrates that a greater tower height is necessary to provide satisfactory service for wireless communications. In such case, the communications antenna support structure shall not exceed 150 feet unless the applicant secures approval as a condition of the conditional use process from the Supervisors by demonstrating such proof as would be required under § 27-1809 of this chapter. In no event shall mounted communications antenna height on any tower extend more than 25 feet above the installed height of the tower. While evidence relating to the criteria set forth in § 27-1809 of this chapter shall be considered by the Board of Supervisors, the Board of Supervisors will impose reasonable limitations on the admissibility of evidences sought to be introduced by any objecting party seeking to question the need for any wireless communications facility (or component thereof). The requirement of establishing a need for any such component and/or the height of any proposed wireless communications support structure shall be deemed to be satisfied through the submission of a report or testimony by a properly qualified radio frequency engineer confirming that the installation of the proposed wireless communications facility will substantially improve the provision of wireless communications service.

Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. If measurable interference does result from the installation and use of the tower-based WCF, the owner of the tower based WCF shall take appropriate measures to abate the interference or cease operation.

Maintenance and Inspections. 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.

Historic Buildings or Districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is defined as an historic resource pursuant to this chapter.

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

Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Township.

Appearance. Towers shall be galvanized and/or painted with a 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 in § 27-1617, Subsection 4, of this chapter, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation Safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

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.

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.

Permitted in the I/O Industrial/Office District. Tower-based WCFs are permitted in the I/O Industrial/Office District and I Institutional District by conditional use with a setback of 800 feet from the district boundaries, through the issuance of a conditional use decision and order issued by the Board of Supervisors. Additionally, wireless communications facilities, including all components thereof, as specified herein, may be located on any land owned by the Township. In the case of the location of such facilities on land owned by the Township, no conditional use application or approval will be necessary; however, the Board of Supervisors will determine whether permission will be granted for the location of such facilities on Township-owned land, pursuant to the terms of a leasing or other agreement, which will incorporate the requirement of compliance with such substantive regulations of this section.

Gap in Coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of a tower-based WCF.

Sole Use on a Lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum area and bulk requirements for the district.

Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another use permitted in the district, subject to the following conditions:

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

Design Regulations.

Soil Report. The applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

Fence/Screen.

Accessory Equipment.

Additional Antennas. The applicant shall allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

Permitted in the VO Industrial/Office District, I Institutional District, NC-1 Neighborhood Commercial-1 District, and NC-2 Neighborhood Commercial-2 District, Tower-based WCFs are permitted in the ROW only in the I/O Industrial/Office District, I Institutional District, NC-1 Neighborhood Commercial-1 District, and NC-2 Neighborhood Commercial-2 District by conditional use of the Board of Supervisors.

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.

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.

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

Design Regulations.

Additional Antennas. The WCF applicant shall allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

Relocation or Removal of Facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCFs in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

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

Permitted in All Zones Subject to Regulations. Non-tower WCFs outside of the rights-of-way are permitted in all zones by conditional use on an existing smokestack, utility pole, water tower, commercial or industrial building or any similar tall structure (but not a communications antenna support structure), provided:

Standard of Care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current, applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

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

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

Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Radio Frequency Emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.

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

Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

Noncommercial Usage Exemption. The design regulations enumerated in this subsection shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.

Removal and Replacement. The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.

Co-location. Non-tower WCFs in the ROW may only 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 non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.

Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

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

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: