Impede the flow of floodwaters.

Present the hazard of pollution, erosion and sedimentation of floodplains and watercourses.

Result in increased surface runoff and downstream flooding.

Impede the recharge of aquifers.

The tilling of the land, the raising of crops, fruits and vegetables and, in districts where permitted, the raising and keeping of livestock and poultry.

Horticultural uses related to the raising, propagating and selling of trees, shrubs, flowers and other plant materials.

Forestry uses related to the harvesting of lumber products.

Public and private conservation areas for the conservation of open space, water, soil and wildlife resources.

Park and recreational areas, including golf courses and driving ranges in districts where permitted.

Essential services, provided that such facilities are designed and built to minimize and eliminate flood damage and infiltration.

Retaining walls, flood retention dams, culverts and bridges as permitted by the Pennsylvania Department of Environmental Resources.

Parking lots, sidewalks, bike paths and other similar paths.

Customary uses accessory to the above.

All buildings, even if customarily associated with the uses permitted, are prohibited, except buildings used solely to house fixed mechanical equipment and park shelters.

All other uses are prohibited, including but not limited to the following, which are not interpreted as being customary accessory uses:

The Township shall issue a permit only after it has been determined that the proposed development will be in conformance with the permit requirements of governmental agencies from which approval is required by federal or state law.

Nonresidential structures within an identified floodplain area. The following minimum standards shall apply for nonresidential structures within any identified floodplain area for items permitted in § 200-30B above or those items approved through variance or other means which supersedes the authority of these regulations herein:

Permitted construction and development. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area for items permitted in § 200-30B above or those items approved through variance or other means which supersedes the authority of these regulations herein.

Existing structures. If an improvement to an existing structure is permitted, the following provisions shall apply:

For the purposes of this section, the "identified floodplain area" shall be any areas of College Township subject to the one-hundred-year flood, which is identified as Zone A (area of special flood hazard) in the Flood Insurance Study (FIS) dated May 4, 2009, and the accompanying maps or the most recent revision thereof as issued by the Federal Emergency Management Agency, including all digital data developed as a part of the Flood Insurance Study.

The identified floodplain area may be revised or modified by the College Township Council where studies or information provided by a qualified agency or person documents the need for such revision or modification. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.

Should a dispute concerning any identified floodplain boundary arise, any party aggrieved by such determination may appeal to the College Township Zoning Hearing Board. The burden of proof shall be on the appellant.

The identified floodplain area shall consist of the following specific areas:

If granted, a variance shall involve only the least modification necessary to provide relief. If it should become necessary to grant any variance, the applicant shall be required to comply with all applicable requirements of the National Flood Insurance Program Regulations (Section 60.3[d]), including the requirements for elevations, floodproofing and anchoring. The applicant must also comply with any other requirement considered necessary by College Township.

In granting any variance, College Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this section.

Whenever a variance is granted, the Township shall notify the applicant in writing that:

In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:

A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency.

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.

No variance shall be granted within the floodway which would cause any increase in the one-hundred-year flood elevation.

No variance shall be granted for any development within Zone AE and not in the floodway where the cumulative effect of the proposed development when combined with all other existing and anticipated development would cause more than a one-foot increase in the one-hundred-year flood elevation within the Township.

To limit erosion and sedimentation.

To protect watersheds and limit increases in stormwater runoff.

To prevent an increase in the possibilities of landslides and soil subsidence.

To maintain adequate foliage cover on hillsides.

To protect streams from increases in sediment and pollution.

Be oriented so that grading and other site preparations are kept to an absolute minimum.

Where grading is essential, shape such grading to compliment the natural land form.

Be staged where necessary to complete construction of each stage during a season so that large areas of disturbed land are not left bare and exposed during the winter-spring runoff period.

Accomplish all paving as rapidly as possible after grading.

Allocate to open space and recreation uses those areas least suited to development, as evidenced by competent soils, geology and hydrology investigations.

Landscape areas around structures to blend them with the natural landscape.

Take measures to minimize erosion and sedimentation and to limit increases in stormwater runoff in accordance with related regulations of the Township and the Commonwealth of Pennsylvania.

All material shall be placed in such a manner that it is incapable of being transferred off the premises by wind, water, or other natural cause.

No material shall be placed within the building setback areas established by the zoning district.

All yard setback areas shall at all times be clean, vacant, and maintained.

Fire hazards shall be minimized by the segregation of combustible from noncombustible materials and the provision of adequate aisles for escape and firefighting equipment.

The storage of material in piles shall not exceed 15 feet in height.

The material must be completely screened from view from any public right-of-way, rural district, or residential district, pursuant to § 200-36F.

The containers shall be screened from view from any public right-of-way or adjoining property, pursuant to § 200-36F.

Said containers shall be located so that they are within the buildable area for a parking lot, pursuant to § 200-38B(2)(b). If the lot is adjacent to a residential use, then the building setbacks shall apply to the location of said containers for those portions of a site adjacent to a residential use.

The location and screening requirements shall not apply to residential uses in which each individual dwelling is responsible for storing and ultimately disposing of its own refuse.

Portable storage units may be located in single-family and two-family residential zoning districts. They shall preferably be placed in the driveway and be set back a minimum of 10 feet from the front property line. Final placement shall be to the satisfaction of the Zoning Officer. Portable storage units may be allowed in other multifamily districts only upon the applicant demonstrating, to the satisfaction of the Zoning Officer, that the specific location/complex has sufficient space to place a portable storage unit, and continue to provide adequate parking, public safety access and comply with all health, safety and welfare concerns. Under no circumstances shall a unit be placed so as to interfere with any use of a sidewalk, bike path or public right-of-way.

Portable storage units may be allowed in nonresidential zoning districts. The units shall generally be placed only in the rear or side portion of a site. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road or in a grass/landscaped area or in the front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited. Portable storage units in nonresidential zoning districts must also demonstrate, to the satisfaction of the Zoning Officer, that the specific location/complex has sufficient space to place a portable storage unit and continue to provide adequate parking, public safety access and comply with all health, safety and welfare concerns.

Portable storage unit(s) shall never be utilized as permanent accessory structures in any zoning district.

Prior to commencing business in College Township, a portable storage unit company must obtain an annual permit from the Township outlining the obligations and requirements prior to conducting business in the Township. In addition, the portable storage company must provide a cash bond or letter of credit to ensure the timely removal of the portable storage units and compliance with this section.

There shall be no more than one portable storage unit per site in any residential zoning district, and shall be no larger than eight feet wide, 16 feet long and eight feet high. No single dimension can be exceeded. There shall be no more than two portable storage units per site in any nonresidential zoning district, and shall be no larger than eight feet wide, 40 feet long, and eight feet high. No single dimension can be exceeded.

No portable storage unit shall remain at any residential site in excess of five consecutive days. No portable storage unit shall be placed at any one location in excess of 10 days in a calendar year for any residential site. No portable storage unit(s) shall remain at any nonresidential site in excess of 14 consecutive days, and not in excess of 28 days in any calendar year.

The owner and operator of any site on which a portable storage unit is placed shall be responsible in ensuring that their portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked with a combination-style lock; no key locks. The owner and operator of any site on which a portable storage unit is placed shall also be responsible that no form of waste, refuse or hazardous substance is stored or kept within the portable storage unit. See § 200-33 for all other outdoor storage regulations.

A portable storage unit shall have no signage other than a serial number identifying the unit, the name, address and telephone number of the person or firm engaged in the business or renting or otherwise placing of the portable storage unit. The exterior of the portable storage unit shall have a weatherproof clear pouch, which must display the site permit.

Permits. It shall be unlawful for any person to place or permit the placement of a portable storage unit on property which he or she owns, rents, occupies or controls without first having obtained a permit therefor. Application for a permit shall be made to the Zoning Officer on a form provided by the Zoning Office. The application shall include the signature of the property owner or the property owner's agent in order to ensure that the property owner has full knowledge of, and consents to, placement of the portable storage unit on his or her property and the provisions of this subsection. A permit fee in an amount to be established by resolution of the Township of College shall accompany the application. The issuance of a permit shall allow the applicant to place a portable storage unit on the property in conformance with the requirements of this chapter. The permit shall be posted on the portable storage unit in the weatherproof pouch provided by the portable storage company. Any new resident is exempt from the permit requirements set forth for a total of five days from the starting date of occupancy.

Permits and fees. To the satisfaction of the Zoning Officer, the permit submission shall include a rough sketch showing the proposed placement of the portable storage unit on the site. See § A203-16H, for portable storage unit permit fees.

Establish practical and effective lighting standards that preserve public safety and welfare while minimizing the obtrusive aspects of excessive and/or careless use of outdoor light.

Encourage lighting practices that direct appropriate amounts of light onto the actual surfaces requiring illumination.

Promote lighting practices and systems that conserve energy by decreasing the wastage of light resulting from overlighting of a property and by requiring that lighting installations operate only at times required for adequate usage of the property.

New uses and buildings. All proposed new land uses, developments, buildings, and structures that require a permit, all outdoor lighting fixtures shall meet the requirements of this section.

Major additions and modifications. All building additions or modifications exceeding 25% in terms of additional dwelling units, gross floor area, or parking spaces, and that require a permit, either with a single addition or cumulative additions, shall invoke the requirements of this section. This requirement shall hold for the entire property, including previously installed and any new outdoor lighting. For projects taking place within a University-Planned District, these requirements will apply to the specific project area in question.

Minor additions and modifications. All additions or modifications of less than 25% to existing uses of additional dwelling units, gross floor area, or parking spaces, and that require a permit, new lighting on the site shall meet the requirements of this section with regard to shielding and lamp type. The total outdoor light output after the modifications are complete shall not exceed that on the site before modification, or that permitted by this section, whichever is larger. For projects taking place within a University-Planned District, these requirements will apply to the specific project area in question.

Resumption of use following abandonment. If a property or use with nonconforming lighting is considered abandoned as defined in this section, then all outdoor lighting shall be reviewed and brought into compliance with this section before the use is resumed.

Determine if lighting installation meets descriptive requirement for qualification as a special use lighting category under Subsection J. If installation qualifies for classification as special use, comply with all requirements set forth under that special use subsection and then proceed to Subsection D(6). If lighting installation does not qualify for classification as a special use area, proceed to Subsection D(2).

Determine the lighting installation's lighting use class as described under Subsection E.

Determine the lighting installation's lighting environmental zone as described under Subsection F.

Determine the lighting installation's outdoor lighting output standards as described under Subsection G, Table 200.1.[1]

Determine the lighting installation's outdoor luminaire shielding standards as described under Subsection H, Table 200.2.[2]

Comply with miscellaneous requirements as described under Subsection I.

Submit compliance documentation as described under Subsection K.

Class 1 lighting. All outdoor lighting used for, but not limited to, outdoor display lots, recreational sports facilities, and exterior service canopies as defined in the special use section[3] of this section shall be considered Class 1. Additional lighting installations that may be considered as Class 1 shall include but not be limited to exterior amphitheaters, exterior pedestrian malls, exterior dining areas, exterior vehicle/machinery fabrication or maintenance areas, and other similar applications where the complexity of the visual task justifies higher lighting levels to preserve the effectiveness of the activity. Only the net acreage specific to the activity requiring a Class 1 designation shall be included under this classification. The remaining site net acreage shall be considered as Class 2.

Class 2 lighting. All outdoor lighting used for, but not limited to, illumination for walkways, driveways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the primary concern.

Class 3 lighting (residential). Any outdoor lighting used for exterior illumination of a single-family home or duplex.

Lighting Zone E1: areas with intrinsically dark landscapes. Applicable zoning district or use under this section shall be Agricultural District (A), Forest District (F), and Open Space Recreation Conservation District (OSD) as defined elsewhere in the Township zoning documentation.

Lighting Zone E2: areas of low ambient lighting levels. Applicable zoning district or use under this section shall be Planned Residential Development District (PRD), Village District (V), Single-Family Residential District (R-1), Two-Family Residential District (R-2), Multifamily Residential District (R-3), Rural Residential District (RR), Mobile Home Park District (MHP), and Subdistricts 7 and 14 of the University Planned District, as defined elsewhere in the Township zoning documentation.

Lighting Zone E3: areas of medium ambient lighting levels. Applicable zoning district or use under this section shall be General Industrial (I-1), Gateway Commercial District (GC), Residential-Office District (R-O), Office Commercial District (C-2), Planned Research and Business Park District (PRBD), Medical Campus District (MC), and Subdistricts 5, 8, 9, 10, 11, and 13 of the University Planned District (UPD), as defined elsewhere in the Township zoning documentation.

Lighting Zone E4: areas of high ambient lighting levels. Applicable zoning district or use under this section shall be General Commercial District (C-1) as defined elsewhere in the Township zoning documentation.

Minimum maintained average illumination. The light levels listed in Table 200.1 or § 200-35J are expressed as footcandles, measured on all the paved surfaces (including sidewalks), without any shadowing effect from parked vehicles or landscape material at the points of measurement.

Uniformity ratio. The uniformity ratio shall be calculated as the average horizontal illuminance measurement divided by the lowest horizontal illuminance point for all paved area (including sidewalks). The uniformity ratio shall not be larger than that listed in Table 200.1 or § 200-35J, Special uses.

Light trespass. The maximum light trespass shall be measured on any adjacent property, as measurable from any orientation of the measuring device. Only under the following circumstances shall light levels be permitted to exceed those listed in Table 200.1, as measured at the property line:

Maximum lumens per acre. The total output of all lights covered under § 200-35 shall not exceed the limits set forth in Table 200.1 or § 200-35J, Special uses, as applicable. The total maximum lumens per acre shall be calculated by multiplying the acreage of the site in question times the lumens listed in Table 200.1 or § 200-35J, Special uses. For sites being partially developed, the acreage used for determining the total lighting output shall be limited to the portion of the site being developed. Seasonal decorations, as permitted by this section, and lighting for internally illuminated signs are not counted towards any of the values listed in Table 200.1 or § 200-35.

Residential lighting. Each residential single-family home or duplex is allowed up to 10,000 lumens or the amount indicated in Table 200.1 based on the parcel's acreage, whichever is greater.

Exemptions. The developer may elect to not illuminate all paved surfaces, as follows:

Luminaire shielding. Unless specifically addressed under the special uses category[5] of this section, each lighting facility shall meet the outdoor luminaire shielding standards listed in Table 200.2[6] for its lighting environmental zone and lighting use class.

Luminaire lamping. The use of mercury vapor lamping is not allowed under this section.

Curfew. Unless specifically addressed under the special uses category[7] of this section, each lighting facility shall meet the post-curfew light trespass requirements set forth in Table 200.1.[8] For the purpose of this requirement, the curfew hour is set at 11:00 p.m. local time.

Control. Unless specifically addressed under the special uses category[9] of this section, each lighting facility shall utilize automatic controls such as photocell and/or astronomic timeclock to comply with the curfew requirements of this section.

Recreational sports facilities.

Outdoor display lots.

Exterior service canopies.

Roadway lighting.

Decorative lighting.

Site plans indicating the location on the premises of all lighting fixtures, both proposed and any already existing on the site. Site plan submission shall include two sets of calculations. The first shall represent precurfew operating conditions and the second shall represent postcurfew operating conditions.

Site photometric point-by-point calculation with summary table of calculations showing compliance with Table 200.1.[19]

Luminaire fixture schedule of all lighting fixtures, both proposed and existing. The schedule shall provide, but is not limited to, manufacturer's catalog number, lamp type, wattages, and initial lumen outputs.

Luminaire illustrations by manufacturers of all lighting fixtures, both proposed and existing.

Completed and signed copy of the College Township exterior compliance checklist.

Certification. For all projects where the total initial output of the proposed lighting equals or exceeds 100,000 lamp lumens, or as otherwise specified elsewhere in this section, certification that the lighting system conforms to all restrictions of this section shall be provided by a certified engineer.

Enhance and promote the image of the community.

Protect the public health, safety and welfare by:

Increase the variety of plant materials used in landscape plans.

Improve the aesthetics of the site through seasonal diversity in plantings.

Unless otherwise regulated by this chapter, any vacant portion of a lot not in use shall be planted with grass or similar vegetation and/or trees and shrubs, except for farm uses and gardens left vacant outside the growing season. Existing vegetation may be substituted for this purpose.

All landscape materials and fencing or walls as required in the Chapter 200, Zoning, Chapter 88, Conditional Use for Sale of Gasoline in Shopping Centers,[1] and Chapter 127, Mobile Homes, shall conform to the regulations contained herein.

Required landscaped areas shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking area or any other type of physical land improvement shall be located in a required buffer, provided that driveways or roads may cross required landscaped areas if necessary to provide access to the building site. Sidewalks, bikeways and pedestrian paths may also cross required landscaped areas.

All required trees and shrubs shall be noninvasive species and shall be compatible with the environmental conditions to which they will be exposed. Any required landscape material which does not survive shall be replaced within one year pursuant to § 200-36H.

All landscaping including trees and shrubs adjacent to parking areas, loading areas or driveways shall be properly protected by barriers such as curbs or bumper blocks. In addition, the tree or shrub shall be planted a minimum of three feet from any such barrier.

Building and plant materials should be altered, combined and/or varied to achieve a pleasing effect. Plant materials with seasonal diversity should be selected and distributed throughout the site.

Where an existing hedgerow or forested area is located within a proposed buffer yard or adjacent to a parking lot, the use of existing vegetation is permissible, to the extent that a suitable buffer will be provided. Existing trees of at least three-inch caliper may be substituted for required canopy trees on a one-for-one basis granted that the existing trees meet any spacing requirements.

Existing understory trees and shrubs may be substituted in place of the required understory trees or shrubs.

In an area where the canopy trees will not allow for the planting and growth of understory trees, three shrubs could be planted in lieu of each required understory tree.

Buffer yards A, B, C, D, and E shall be planted and sized according to the width and type of buffer yard required. The Buffer Yard Requirements Table below lists the landscaping requirements as the minimum number of plants per every 100 linear feet and/or fraction thereof, rounded to the nearest whole plant unit. However, all buffer yards, no matter what size, shall have at least one canopy tree. See Figures A through E at the end of this section.[2]

The installation of a fence shall be required as part of fifteen-foot-wide Buffer Yards C, D and E and shall consist of at least 50% fence material distributed evenly, not less than four feet nor more than six feet in height.

The required plant material shall be distributed across the entire length of the buffer yard. Some grouping of plant material is permissible as long as the Council determines the main intent of screening objectionable uses or nuisances from neighboring properties is not abrogated.

Buffer yards shall not be used for parking, loading, storage or structures. All except side buffer yards of interior lots may be crossed by access driveways, sidewalks and utility easements, provided that such are not more than 25 feet in width at the point of intersection of the driveway, sidewalks or utility easement and buffer yard.

Where a required buffer yard is wider than the setback(s) required in the district, the wider dimension shall govern.

College Township Council, upon recommendation of the Planning Commission, shall be permitted to specify the buffer yard width (not to exceed 30 feet) if it determines that a wider buffer yard will provide for greater protection from objectionable uses or nuisances on adjoining properties. The amount of landscape material required shall then be based upon the specified width.

A masonry wall or fence made of wood or similar material of at least six feet in height. The fence or wall must completely obstruct the view of the area to be screened.

A six-foot-high fence or wall which consists of at least 50% fence or wall material distributed evenly and a planting of evergreens within 10 feet of the perimeter of the wall or fence for its entire perimeter. At the time of installation or planting of screening materials, screening must occupy 50% of a vertical rectangular plane of six feet in height.

A wall of evergreens planted within 15 feet of the perimeter of the object it is screening for the entire perimeter of the area to be screened. The evergreens shall be six feet in height at time of planting. At the time of installation or planting of screening materials, screening must occupy 75% of a vertical rectangular plane of six feet in height.

As pertains to appurtenances, slatted chain link fencing may be approved at the discretion of the Zoning Officer.

As pertains to appurtenances, any form of stealth concealment, including decorative painting and disguise as another object, may be approved at the discretion of the Zoning Officer.

Perimeter planting.

Display areas. Parking lots or any impervious area that will be used to display products for sale or rent, such as cars, trucks, boats and recreational vehicles, shall be required to landscape the perimeter of the display areas. A landscaped planting strip shall be planted with a minimum of one canopy tree and five shrubs for every 50 feet of street frontage along the display parking area. Shrubs may be staggered along the street frontage. In addition, each end of the display area shall include a planting bed/mound which includes one canopy tree and 10 shrubs. All sides of the display area which do not abut a public street shall be landscaped with perimeter plantings as specified above.

Raised islands. Required islands installed interior to the parking lot shall contain at least one canopy tree for each parking space it abuts at the end of a parking bay and one canopy tree for every two parking spaces the island abuts within the parking bay, unless the dimension of said island is such that planting a tree within the island could not be accomplished due to a limited growth area or obscured sight distance. In instances where a landscape strip is permitted in place of raised islands, pursuant to § 200-38G(6)(g)[1], canopy trees shall be planted within said strip at a number equal to one canopy tree per 45 linear feet of the landscaped strip.

Minimum canopy tree size. All required landscaping elements shall conform to the size requirements of § 200-36J unless the number of parking spaces exceeds the minimum required in § 200-38B by 15%, which shall increase the minimum required size of canopy trees to two-and-five-tenths to three-inch caliper. Lots with existing development shall be exempt from this requirement unless the owner proposes a fifty-percent increase in gross floor area or number of parking spaces. In such cases, all required canopy trees on site shall meet the minimum size requirement contained herein.

Modifications to the landscape plan, including removing required trees or shrubs shall be approved as a minor amendment to an approved land development or subdivision plan with no fee for such charged to the applicant.

Any trees to be replaced shall be done so with trees of a caliper equal to or greater than that of the existing tree. If the existing tree is greater than 10 inches in caliper it shall be replaced with a tree that is 10 inches in caliper or 50% of the existing tree caliper, whichever is greater.

Landscape elements which are blighted or die as a result of natural causes shall be replaced within one growing season at the minimum size requirements pursuant to § 200-36J and shall otherwise be exempt from this subsection.

Landscape elements shall be the minimum plant size as specified below at time of planting:

Landscape materials shall be tolerant of specific site conditions, including, but not limited to, heat, drought and salt.

Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it meets the minimum plant sizes specified herein.

Screening fences and walls shall not be constructed of corrugated metal, corrugated fiberglass, sheet metal, chain link or wire mesh. Screening fences and walls should be built with material compatible with that of the main building.

Due to site constraints some substitution of landscape material shall be permitted as follows:

College Township Council shall be permitted to require any of the above substitutions or approve any of the substitutions above if proposed by the developer if the Council determines the substitution will better serve the purpose for which the landscape material is required.

Required landscape material shall be permitted outside of buffer yards as required by § 200-36E, if the following conditions are met:

Driveways which provide access to individual single-family homes within the R-1 Single-Family Residential; R-2 Two-Family Residential; R-3 Multifamily Residential; and R-O Residential Office Districts shall be permitted to be placed as close as five feet to the side property line.

In all districts, two adjoining property owners may locate their driveways closer to the lot line, or joined to each other, if the following condition is met: The two adjoining property owners shall mutually agree to a driveway setback-encroachment and/or common driveway in such form and manner acceptable for recording in the office of the Recorder of Deeds of Centre County, Pennsylvania, binding their heirs and assigns to the easement so created.

Driveways for individual single-family homes or those individual duplex or townhome units providing access from a public or private street shall have a width of no less than 10 feet nor greater than 24 feet as measured at the curbline (or street line, if no curb exists) inclusive of curb return radii. The driveway shall remain 24 feet or less in width for the entire portion within the public right of way.

Driveways for all other uses not mentioned above shall not exceed the width necessary to accommodate the amount and type of traffic expected from the development, determined by the Township transportation impact statement or as required by the Pennsylvania Department of Transportation. The same shall hold true for any curb return radii.

In the R-3, C-1, C-2 and I-1 Districts, owners of lots located on arterial streets with no access to local or collector streets shall be required to install marginal access streets, as defined in Chapter 180, Subdivision of Land, in the following cases:

In the above cases, motor vehicle access shall be limited to the marginal access streets. The marginal access streets shall be constructed according to the applicable requirements of Chapter 180, Subdivision of Land. In addition, such marginal access streets shall be separated from the arterial street by an island at least five feet in width. When possible, the marginal access street shall not intersect with the arterial street closer than 1,000 feet to the intersection of another street with the arterial street. In no case shall the marginal access street intersect more than once with the arterial street within 1,000 feet of another intersection. The required marginal access street shall be two-way.

New development. Hereafter, all newly constructed habitable buildings and land uses shall provide off-street parking in conformance with this section of the zoning ordinance.

Existing development. Structures and land uses in existence at time of adoption of this ordinance shall be regulated as follows:

Use.

Location.

Construction. All required off-street parking spaces and aisles shall be paved with an all-weather material. For spaces and aisles which are not part of a parking lot as herein defined, this may include gravel and other crushed stone. However, for parking lots, the paving material shall be limited to asphalt, concrete or similar hard-surface material, with all parking spaces designated with a four-inch white or yellow strip painted the entire length of each space in accordance with the dimensional requirements stipulated herein.

Pervious pavement. Nonrequired parking or that which exceeds the permitted maximum number of parking spaces may be constructed using pervious paving materials pursuant to § 200-38B(4).

Public transit facilities. A transit facility shall be required, built and maintained as follows:

Dimensions. All required off-street parking spaces must meet the following size requirements:

Required parking spaces. Parking spaces shall be provided for each individual use, whether on multiple or individual lots, as follows:

Multiple uses on a single lot.

Handicapped parking spaces. Parking for handicapped persons shall be provided as follows:

Fleet parking. Businesses which own a fleet of vehicles must provide separate parking above and beyond that required above. For the purposes of this section, a fleet shall refer to a business which utilizes one or more motorized vehicles parked on site when not in use for the sale, distribution and/or provision of goods and services. Parking areas for fleet vehicles do not have to meet the size and access requirements stipulated in § 200-38C(1) and § 200-38G(1)(a), nor do they have to be paved but must at least be surfaced with a material sufficient to ensure a mudfree condition.

Drive-throughs. Nonresidential uses which utilize either a drive-through window or drive-up service bays may be permitted to reduce their overall parking requirements as follows:

Mixed-use developments. Cumulative parking requirements for mixed-use occupancies or shared facilities may be reduced where it can be determined that the peak requirements of the several occupancies occur at different times (either daily or seasonally). In all cases, a shared parking operations plan must be prepared to the satisfaction of the College Township Planning Commission and Council showing that parking spaces most conveniently serve the land uses intended, directional signage is provided if appropriate, and pedestrian links are direct and clear. Three methods for determining a parking reduction for mixed-use developments are as follows:

Individual uses. Certain uses which do not fall into the category of mixed uses and/or possess some unique circumstance in which the traditional parking requirements cannot meet the needs of the proposed use, a parking generation study may be performed to study the potential for reducing the overall parking requirements pursuant to § 200-38E. Uses which propose a reduction of 10% or less of their required parking may do so without performing a parking study, granted they follow all other regulations governed by this section.

Parking guarantee. In order to achieve any of the above-listed parking reductions, the developer must also meet the following requirements:

Occupancy rates of similar uses. Parking surveys shall determine parking occupancy rates of morning, afternoon and evening peaks on the seven different days of the week. The seven days of observation may take place over the span of two consecutive, typical weeks. In the case of new construction or addition of new uses, the surveys shall observe another circumstance with similar mixed uses. A combination of similar circumstances may be necessary to cover all the proposed land uses. The approximate square footages of the various land uses of the specimen projects shall be compared to the proposed project to allow the ratios of uses to be rated accordingly. In the case of an enlargement or substitution of existing uses, the surveys shall document the occupancy rates of the existing parking facility.

Proximity and convenience factors. The following factors may influence the Planning Commission's and Council's approval of the parking reduction figures:

Captive market parking requirements. Parking requirements for retail, restaurant, hotel, convention and conference uses may be reduced where it can be determined that some portion of the patronage of these businesses comes from other uses (e.g., employees of area offices patronizing restaurants) located within a maximum walking distance of 500 feet. Parking requirements may be reduced by up to 10% as appropriate. Whenever practical, such a reduction should be supported by surveys at similar establishments.

Limited number of visitors and customers. For those uses in which parking demand is primarily from employees with a limited number of visitors or customers such as warehousing, manufacturing plants and office uses, parking may be reduced to a number equal to 130% of the number of employees on the largest shift.

Stacking lanes shall be designed and located as not to interfere with the utilization of required ingress/egress to the site, parking spaces and associated drive aisles.

At a minimum, stacking lanes shall be at least 9 1/2 feet wide and at least 60 feet in length unless otherwise noted in the table below:

Dimensions.

Obstructions. Parking lots shall be designed to permit each motor vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle and without leaving the lot.

Ingress and egress. Entrance and exit driveways and aisles linking parking lots to public streets shall comply with the standards for motor vehicle access stipulated in § 200-37 of this article. Parking spaces shall be designed to prevent motor vehicles from backing onto a public street in order to leave the lot.

Location and yard requirements. All parking lots shall meet the location requirements stipulated in Subsection B(2) above. All yards surrounding the parking lot, exclusive of driveways providing ingress and egress to the lot, shall be bordered by a curb four inches high minimum along the sides of the yard area abutting the parking lot, including spaces and aisles. Such curb may consist of bumpers at the end of each parking space. Perimeter landscaped areas shall be planted with grass or similar vegetative material and may include shrubs, fences or walls, provided that they are not placed closer than three feet to any parking space.

Structures. Utility poles, light standards and similar structures shall not be permitted within any aisle or parking space. Any structure located elsewhere within a parking lot shall be surrounded on all sides abutting the spaces or aisles by a curb four inches high minimum, separated from the structure by at least three feet, the distance to be measured from the broadest point on each side exclusive of any portion greater than 10 feet from the ground.

Parking lot design.

Maintenance. All off-street parking areas shall be maintained as follows:

Drainage. All parking areas shall be provided with a storm drainage plan designed to prevent excessive flow of water to public streets, alleys or adjoining properties. This plan shall be approved by the Township Engineer.

Landscaping. The interior and exterior of parking lots shall be landscaped in accordance with § 200-36, Landscaping, buffering and screening.

(Reserved)

Sight distance. At intersections between driveways and/or parking lot aisleways and between driveways and streets, all earth banks and vegetation shall be cut or removed when such will impede vision between a height of 2 1/2 feet and 10 feet above the driveways within an area bounded by the edge of the driveway and/or street cartway lines and a line joining points of these lines 25 feet from their intersection.

Building structures or ramps. Motor vehicles parked within, under or on top of buildings, parking structures or on ramps shall be screened from public view. On street level, living plant material is required in the setback areas. Walls, earth mounds, fences or any combination thereof may also be included with the plant material. All floors or levels above the street shall be screened by walls, fences or other improved materials.

Walkways. Walkways adjacent to or within off-street parking areas shall be wide enough to provide a minimum of four feet clear horizontal passage exclusive of car overhang, parking meters or other obstructions.

Outdoor lighting. Outdoor lighting will be required at all points of ingress and egress to parking and driveway areas. See § 200-35, Exterior illumination.

Adjacent parcel interconnections. Nonresidential uses shall provide a means of interconnection between adjacent properties also located in nonresidential zoning districts.

One off-street loading space is required for all commercial and industrial uses with a gross floor area of at least 5,000 square feet but less than 20,000 square feet. Fast-food restaurants with a gross floor area of at least 2,000 square feet are required to provide one off-street loading space. For nonresidential uses that have a gross floor area of 20,000 square feet or more, one additional space shall be provided for each additional 20,000 square feet or fraction thereof. However, at the discretion of the Planning Commission, uses such as hotels, motels or offices, which normally do not require more than two loading spaces, may be exempt from providing more than two required loading spaces.

Required off-street parking spaces shall not be used for loading and unloading purposes, except during hours when business operations are suspended. In addition, loading spaces shall not block required off-street parking spaces, except during hours when business operations are suspended. Loading spaces may, however, be designated in areas of a parking lot where they block only one of two lanes in a parking lot drive aisle.

All required loading and unloading spaces shall be located on the same property as the use they serve.

The provisions of Subsection A(2) above pertaining to off-street parking space shall also pertain to all required off-street loading and unloading spaces.

Any loading dock with space for two or more vehicles and that is visible from the public street shall be screened from view pursuant to § 200-36, Landscaping, buffering and screening.

All designated loading spaces shall be located in a manner that vehicles unloading or loading do not have to back in to the loading space(s) from a public street or back out on to a public street to access the loading space(s).

These design standards shall apply as specified to the following primary uses as permitted in the RR, F, and A Districts:

In cases where a lot is split by a municipal or zoning district boundary, these regulations shall apply to only that portion of a tract of land located in an applicable zoning district, with the parent tract size considered to be that portion located in the applicable zoning district.

In cases where lots less than 10 acres are combined after the adoption of this ordinance to form a new lot which is greater than 10 acres and is proposed for single-family homes, the applicant shall have the option of following the standards contained herein or those governing lots less than 10 acres.

One single-family house. Any vacant land proposed for one single-family house may be done so following the regulations contained in Chapter 180, Subdivision of Land, and Chapter 200, Zoning; or

Subdivision of land less than 10 acres. Any tract of land that at the time of adoption of this ordinance is less than 10 acres in size may be subdivided in a conventional method as provided for in Chapter 180, Subdivision of Land, and Chapter 200, Zoning; or

Subdivision of land 10 acres or greater. Any tract of land that at the time of adoption of this ordinance is 10 acres or greater may be subdivided using either the Country Lot Subdivision method or the Conservation Subdivision method.

Number of lots to be created.

Minimum lot size. Using this method of subdivision, the minimum lot size for single-family houses shall be no less than two acres, regardless of the applicable size standard in the zoning regulations.

Setbacks, coverage and height requirements. Minimum lot width, maximum coverage, setbacks and height requirements of country lots for single-family houses shall follow all the existing requirements contained in their respective zoning district regulations.

Parkland and open space requirements. Country lot subdivisions shall be exempt from the parkland and open space requirements required pursuant to § 180-26 of the College Township Code.

Developed area.

Undeveloped or open space area.

Vehicle access. Lots created under the Conservation Subdivision option are prohibited from directly accessing existing public roadways. Lots shall only take direct access from interior roads or shared driveways connected thereto. These accesses, whether roads or shared driveways, shall meet all applicable College Township standards.

Sewage disposal.

Stormwater management facilities. In addition to the regulations contained in the Township Code, stormwater management facilities may be permitted to be located in the conservation area of a Conservation Subdivision with the following design criteria, otherwise the facility must be counted as part of the developed area:

Sidewalks. The waivers as provided for in § 180-16.1F may still be granted in part or in whole to this type of subdivision, except under the following circumstances:

Future development. Future subdivision of lands contained in the Conservation Subdivision, including the undeveloped area, shall be prohibited unless the land to be subdivided is in the undeveloped area in which the subdivision would create another lot for any one of the uses listed in § 200-38.1D(2)(b). However, it shall be noted that in the undeveloped area, only one farmhouse shall be permitted, whether the required undeveloped area includes one lot or multiple lots.

Parkland requirements. The requirements for the dedication of parkland and open space and/or fee-in-lieu-of payment shall be required with the following additional regulations:

The parent tract(s) to be subdivided is greater than 20 acres, with both types of subdivision equal to or greater than 10 acres.

The developer shall identify the portions of the parent tract to be subdivided using a particular subdivision method.

Number of lots to be created. The number of lots to be created using the portion of the parent tract devoted to a specific subdivision method as if it were the parent tract.

Undeveloped areas of the Conservation Subdivision. The undeveloped area required as part of a Conservation Subdivision shall be at least 65% of the portion of the parent tract identified to be subdivided using the Conservation Subdivision method. Conversely, the developed area shall be no larger than 35% of the portion of the parent tract identified to be subdivided using this method.

All other provisions of their respective subdivision requirements shall be required.[3]

General. A developer(s) of residential dwelling units shall receive regulatory relief from zoning and/or subdivision of land regulations as an incentive for providing workforce housing dwelling units. Such relief shall be based upon the type and amount of dwelling units designated as workforce housing in accordance with the regulations contained in this section.

Mandatory requirement.

Calculation of density. To determine residential density, the following shall apply:

Single-family house and duplex. All single-family houses, duplexes and/or any other structure containing two or less dwelling units in which at least one is designated as workforce housing shall be permitted to the following regulatory reductions:

Townhouse and multifamily units. All townhouse, multifamily units and/or any other structure containing three or more dwelling units in which some or all are designated as workforce housing units shall be permitted to the following regulatory reductions:

Planned residential developments. The workforce housing regulations herein are also applicable to planned residential developments as permitted in Chapter 145, Planned Residential Developments, with the following incentives:

Fee in lieu. An applicant may pay a fee in lieu of constructing some or all of the workforce housing units which it is receiving incentives for given the following regulations:

Land donation. Land within College Township may be donated to the Township or its designee in place of workforce housing dwelling units being built within a proposed development pursuant to the following:

Off-site development (new dwellings). Workforce housing units otherwise required to be constructed or as desired by the developer to be eligible for the incentives listed above may be constructed off site given the following regulations:

Existing dwellings. A developer may designate dwelling units which have already been constructed as workforce housing units to meet his obligation (whether voluntary or mandatory) to obtain the incentives listed in § 200-38.4B for a particular development. Such off-site, existing dwelling units shall meet the regulations listed above in § 200-38.4C(3) and the following additional regulations:

Credits for existing workforce housing. A developer of a new development may be given credit for previously built dwelling units which could be defined as workforce housing given the following regulations:

Amenities. Workforce housing units may differ from the market-rate units in a development with regard to interior amenities and gross floor area, provided that:

Timing of construction. Workforce housing units shall be made available for occupancy at approximately the same rate as the market units, except that certificates of occupancy for the last 15% of the market-rate units shall be withheld until certificates of occupancy have been issued for all of the workforce units.

Cost offsets. The Township may discount or defer municipal fees associated with the approval process of a subdivision/land development. Any developer of workforce units may submit a request for a discount or deferment of fees. The request must also contain information detailing how real costs will be reduced and how the savings will be passed on to the workforce housing units. The Township Council's decision on a discount or deferment of municipal fees will be based upon Council determining that such savings will be appropriate and directly proportionate to the reduction in unit sales or rental costs. The Township shall review the request and provide an answer to the developer within 30 days of receipt of the request.

Certification of buyers. Prior to executing a purchase contract for any workforce unit, the prospective workforce unit buyer shall be certified as meeting income requirements for the specified unit by the Township or its designee. Developers and workforce housing unit buyers may execute only purchase agreements that are approved as to form by the Township or its designee. The purchase agreement shall include language attached as an addendum provided by the Township or its designee which shall require that an appropriate disclosure form be provided to and explained to the workforce housing unit buyer prior to execution of the contract. The disclosure form shall explain any deed restrictions, restrictive covenants, and/or liens that are placed on the workforce housing unit to ensure long-term affordability.

Certification of renters. Prior to renting a workforce unit, the prospective renter shall be certified as meeting income requirements by the Township or its designee. The following limitations shall apply to the certification of renters:

Ensuring affordability. To ensure that any unit created under this section of the Zoning Ordinance (rented or owner-occupied) remains affordable over time, the owner of said unit(s) shall be required to maintain affordability based upon a legally binding agreement with either the Township or its designee, to be recorded at the Centre County Recorder of Deeds. Said agreement shall include:

Calculation of rental prices. Workforce housing units which are to be rented shall have a rental price which is affordable to households which earn 79% or less of the area median income, with the exception of those housing units which have a rent-to-own option pursuant to § 200-38.4D(12). Affordability shall be determined as monthly housing expenses being no greater than 30% of the household gross monthly income based upon household size assumptions noted in § 200-38.4D(11). Monthly housing expenses shall be calculated as the sum total of the monthly rent, plus the current utility allowance per the Housing Authority of Centre County.

Rental price increases. Annual rent increases shall be limited to the percentage increase in the median household income within the State College metropolitan statistical area.

Calculation of sales prices. Workforce housing units which are to be sold shall have a sale price which is affordable to households which earn 80% to 120% of the area median income. Affordability shall be determined as monthly housing expenses being no greater than 30% of the household gross monthly income based upon household size assumptions. Monthly housing expenses shall be calculated as the sum total of the principal and interest of the mortgage plus all property taxes, homeowners' insurance, homeowners' association fees, and any other fees approved for inclusion by the Township.

Resale value of workforce housing units. The resale value of a workforce housing unit(s) during the affordability period stipulated in § 200-38.4D(6)(a) shall be limited to the lowest of:

Household size assumption. In calculating rent or sales price of a workforce housing unit, the following maximum relationship between unit size and assumed household size to determine income affordability shall apply:

Rent to own. Workforce housing units which are part of a rent-to-own program may be rented to households who earn more than 65%, but less than 120%, of the AMI subject to the following:

To protect the public health, safety and welfare through the preservation of the groundwater resources of public water supplies;

To ensure a future supply of safe, reliable and healthful drinking water for the residents of College Township; and

To reduce potential contamination of public water supplies from nearby land uses.

The Wellhead Protection Overlay District shall be located in an area equal to a one-thousand-two-hundred-foot radius extending from each well supplying potable water to the College Township or State College Borough Water Authority. This does not include any wells on the Penn State University property.

In addition to the above location, the Wellhead Protection Overlay District shall also include the following environmentally sensitive areas found within the area identified as Zone 2 within a public water supplier's source water protection plan.

The location of the overlay district is shown on the College Township Zoning Map. Any person, developer or entity performing subdivision, land development, or otherwise obtaining a permit from College Township shall verify if their property or portion thereof is within the Wellhead Protection Overlay District based on the location criteria above.

Automobile wrecking, junk and scrap establishments;

Automobile service stations;

Cemeteries and burial plots;

Dry-cleaning establishments;

Land application or storage of sewage wastewater and sludges;

Livestock operations which are defined and regulated as concentrated animal feeding operations by the federal government pursuant to 40 CFR 122.23(b)(1) or are defined and regulated as concentrated animal operations by the Commonwealth of Pennsylvania pursuant to 25 Pa. Code § 83.262, as amended, shall not be permitted.

Mining and quarrying;

Sanitary landfills, incinerators, and solid waste recycling and composting facilities;

Sewage treatment facilities including on-lot sewage disposal systems (does not include conveyance system). This prohibition shall not apply to existing treatment facilities including replacement on-lot sewage disposal systems;

Storage of bulk material not in a container/bag such as road salt, deicing chemicals, etc.;

Storage and/or mixing of any regulated substances as defined herein in quantities greater than those associated with normal household use;

Uses which involve as a principal activity the manufacture, processing, storage, use, transportation, and/or disposal of regulated substances as defined herein;

Uses which involve as a principal activity the manufacture, processing, storage, use, transportation, and/or disposal of petroleum or asphaltic-based products.

The land application or storage of animal manure, fertilizer, fungicide, herbicide, and pesticides.

Parking lots shall be permitted if they are paved with an impermeable material of which collects and conveys stormwater to either a stormwater facility outside of the Wellhead Protection Overlay District or to a stormwater facility as noted in Subsection E(3) below.

Stormwater facilities shall be permitted if special precautions are taken to limit infiltration within the Wellhead Protection Overlay Zone, such as the installation of linings, impermeable beds, or other methods considered acceptable by the public water well owner.

Wells shall be permitted for the following purposes.

The importation of fill into a site shall be permitted only if it can be certified as clean fill compliant with Pennsylvania Department of Environmental Protection Document Number 258-2182-773. Allowable materials include soil, rock, stone, dredged materials, used asphalt pavement, brick, block or concrete given that the material is virtually inert and stipulated as such prior to filling. A land development plan will need to be submitted for fill activities in accordance with Chapter 180, Subdivision of Land.

The applicant shall submit all pertinent information to demonstrate to the public water well owner the following.

It shall be the responsibility of the owner of the public water well to determine within 30 days that the limited use will not pose a detriment to the public water well and meets all of the prerequisite requirements of said use. The applicant and the public water well owner may agree on a longer review time based upon the complexity of the application.

In instances where a zoning permit, land development, and/or subdivision approval are also required, such shall not be granted until the owner of the public water well has reviewed the applicant's use or the allotted review time noted above has passed.

A landowner or his/her duly designated representative shall submit a facility/substance profile sheet as provided by the Township (sample attached to this section[1]) within 90 days of enactment of this section or prior to commencement of an activity or land use listed in § 200-38.5D. Any change in information provided on such sheet shall result in a new submission of the Township's facility/substance profile sheet.

Provide copies of all federal, state, and county operational approvals, certificates, permits and applications, ongoing environmental reports and monitoring results relating to environmental, pollution control, hazardous substance, and drinking water laws and regulations pertaining to such lot or tract of land, as and when required to be submitted to federal, state, and county governmental authorities.

In the event that any contaminants and/or substances regulated under federal or state environmental, pollution control, hazardous substance, and drinking water laws and regulations are released in reportable quantities on or from any lot or tract of land within any wellhead protection area, copies of any and all notices, reports and documents which such owner filed with any federal, state, and/or county governmental authorities which relate to such release, as and when such notices, reports and documents are required to be filed with such governmental authorities.

Provide copies of all notices, orders, rules, decisions, recommendations, enforcement actions, and similar documentation, as and when received by such record owner of any such lot or tract of land from any federal, state or county governmental authority in connection with the enforcement of environmental, pollution control, hazardous substance, and drinking water laws and regulations; and required to be submitted to federal, state, and county governmental authorities.

Standard of care. Any WCFs 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, National Electrical Code, the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure, and any applicable regulations of the Pennsylvania Public Utility Commission or Federal Communications Commission. Any WCFs 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. In the event of a change to any applicable standard or regulation, the owner of the WCF shall bring such WCF in to compliance with such change within 90 days, unless a different time frame is required by law.

Engineer signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer licensed in the Commonwealth of Pennsylvania, certifying compliance with all local, state and federal laws and regulations applicable to the proposed WCF.

Wind. Any WCF structures shall be designed to withstand the effects of wind according to the standard designed by the ANSI, as prepared by the engineering departments of the Electronics Industry Association, and telecommunications industry.

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

Maintenance. The following maintenance requirements shall apply.

Radio frequency emissions. No WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the Federal Communications Commission (FCC) including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The applicant shall provide, as part of a complete application and subsequently upon request after construction, a statement from a qualified licensed and professional registered engineer that the nonionizing electromagnetic radiation (NIER) emitted from the WCF, when measured in conjunction with the emissions from all communications antennas on the tower, does not result in an exposure at any point on or outside such facility that exceeds the lowest applicable exposure standards established by the FCC or the ANSI.

Historic buildings or districts. No tower-based WCF, attached WCF, or small WCF located outside the public rights-of-way may be located on or within 200 feet of a site that is listed on the historic register or in an historic district.

Identification and signs. All WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. The notice shall not exceed two square feet in gross surface area and shall be maintained by the contact party. No other signs or form of advertisement shall be permitted on the WCF and related equipment except for "no trespassing" signs placed on security fencing or related equipment in accordance with Ch. 170.

FCC license. Each person that owns or operates a WCF over 40 feet in height shall submit to the Township a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Lighting. All WCFs shall not be artificially lighted, except as required by the Federal Aviation Administration and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. No flag that requires lighting shall be located on the structure.

Noise. All WCFs shall be operated and maintained in accordance with manufacturer's specifications so as not to produce noise in excess of applicable noise standards under state law and Ch. 93, Disorderly Conduct, of the College Township Code of Ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only, not to exceed 60 days total within a calendar year.

Aviation safety. All WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

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

Nonconforming uses. Nonconforming WCFs that are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section. Co-location of facilities may be permitted on nonconforming structures in accordance with standards established in the Pennsylvania Wireless Broadband Co-location Act.[1]

Insurance. Each person that owns or operates a WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the WCF.

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

Inspection. To the extent not deemed by the Pennsylvania Public Utility Commission to be a "public utility," the Township reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code of Ordinances or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Removal, replacement and modification. The removal, replacement or material modification of a wireless communications facility for the purpose of upgrading or repairing the wireless communications facility shall be permitted provided that the necessary building permits are obtained pursuant to Chapter 82, Building and Construction Code, and the repair or upgrade does not substantially change the dimensions of the wireless communications facility.

Third party property. Where the WCF is located on a property with another use, or where the WCF is co-located on a structure owned by a party other than the applicant, the WCF applicant shall present documentation to the Township Zoning Officer or Council that the owner of the property and/or structure the WCF is to be co-located on has granted an easement for the proposed WCF and that vehicular access will be provided to the facility. Provision of such documentation shall be a condition of approval of any application for a WCF.

Noncommercial usage exemption. Township residents or businesses utilizing satellite dishes and antennae for the purpose of maintaining television, phone, amateur (HAM) radio, and/or internet connections at their respective residences or businesses shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.

Duration of permit. A permit for a WCF shall have a term of five years. Such permit shall be renewed for two additional five-year periods if the WCF applicant is in compliance with the criteria set forth in this § 200-39.1 and the WCF applicant has obtained all necessary consent from the owner of the structure or property upon which the WCF is located. The WCF applicant shall submit proof of such compliance with all requirements of this § 200-39.1 prior to the expiration of any five-year term.

Location. Tower-based WCFs located outside of a public right-of-way shall only be permitted in the following zoning districts:

Minimum lot area. No minimum lot, lease area and/or license area size is required for a tower-based WCF, except as to comply with the minimum requirements of the zoning district and the regulations herein.

Setbacks. A tower-based WCF and related equipment shall be set back a minimum of that required of the applicable zoning district, except for the following: No tower-based WCFs shall be located closer than 200 feet or 110% of the proposed tower height, whichever is greater, from any existing residential lot line, or vacant lot in a residential zoning district as defined in § 200-10, regardless of zoning district in which the tower-based WCF and related equipment is located.

Height. The maximum height of a tower-based WCF shall be 175 feet, measured from the average natural grade of the approved facility area to the top point of the tower or antenna, whichever is greater.

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 agricultural, industrial, commercial, or municipal use, subject to the following conditions:

Design and construction.

Fence/screen.

Related equipment.

Access road. If deemed necessary by Township Council, an access road, turnaround space, and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. The vehicular access to the tower-based WCF and communications facility building related equipment shall meet the applicable municipal street standards for private streets and/or driveway standards. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility road/driveway.

Location. Permitted in all zones attached to any structure except as follows:

Setbacks. If the WCF applicant proposes to locate the communications equipment in a separate building, said building shall comply with the minimum requirements for the applicable zoning district.

The highest point of an attached WCF located outside of a right-of-way shall be no greater than 20 feet above the roof of a building or highest point of a nonhabitable structure to the extent permissible by law.

Design regulations. Attached WCFs shall be designed in a manner that the antennas and all related equipment match the supporting structure to which they are attached or designed to minimize visibility in order to limit the aesthetic impact. The following additional regulations shall apply to attached WCFs located in districts other than those enumerated above in § 200-39.1C(1).

Permitted in all zoning districts.

Location and development standards.

Time, place and manner. Once approved, the Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

Attachment to municipal structures. The Township shall allow the co-location of small WCFs to structures owned by the Township in accordance with the hierarchy detailed in this section. If the applicant is proposing the co-location of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the applicant provide evidence that co-location on a higher priority structure or wireless support structure owned by a third party is not technically feasible. In order from most preferable to least preferable, the Township's co-location preferences are as follows.

Obstruction. Small WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.

Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Township Zoning Department.

Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the applicant shall remove any obsolete or abandoned equipment from the wireless support structure.

Relocation or removal of facilities. Within 90 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 small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Time limit for completion of construction. The proposed co-location, modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the Township and the applicant agree in writing to extend the period.

Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee 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 small 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. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

Roof-mounted communications antenna. A WCF mounted on the roof of an existing structure shall be concealed from view from the ROW and adjacent property owners through the use of raised parapets, camouflaged to look like an equipment or mechanical penthouse, by setting the antennas back from the edge, or similar method that creates a visual screen from the ROW and adjacent properties. See Figure 1 for examples.

Facade-mounted communications antenna. A WCF mounted to and supported by any part of an existing building or structure other than a roof such as a building wall, mechanical penthouse screen, parapet, column, side elements of a cupola, steeple, bell or water tower or the side elements of similar structures shall be regulated as follows:

Small wireless communications facilities. Small wireless communications facilities shall comply with the applicable design requirements established by the Township Small WCF Design Manual.[3]

Tower-based wireless communication facility. Where a communications antenna(s) is placed on a wireless communications tower and is required to utilize stealth design, the wireless communications tower shall be designed as a monopole and the communications antennas shall be designed as follows:

Alternative wireless communication structure. Communications antennas may also be concealed within new freestanding man-made structures that are primarily designed to support communications antenna(s) which are concealed within the building or structure. Examples of such include but are not limited to simulated trees, clock towers, bell steeples, flagpoles and silos. These structures shall have the following design regulations.

Maintenance. All WCFs utilizing stealth design shall properly maintain the material used to conceal the communications antennas so that they are not in a state of disrepair, considered a safety hazard, or otherwise no longer serve the purpose of camouflaging the antenna.

All applications for development of a tower-based WCF that does not meet the definition of a small WCF shall be submitted to the Township via the conditional use process established in Articles I, II and III of Chapter 87, Conditional Uses. In addition, the following information shall be submitted at time of application:

All applications for the placement of attached WCFs that do not meet the definition of a small WCF require zoning and building permits pursuant to the application and approval procedures for such.

All applications for the placement of small WCFs require zoning and building permits pursuant to the application and approval procedures for such.