It is similar to and compatible with the other uses permitted in the zone where the subject property is located;

It is not permitted in any other zone under the terms of this chapter; and

It in no way is in conflict with the general purposes of this chapter.

Every dwelling unit shall conform to all applicable building, housing, electrical and plumbing codes in effect in the Township or as may hereafter be enacted.

Every single-family dwelling unit (whether attached or detached, including mobile homes and manufactured housing) must contain a minimum of 700 square feet of gross floor area. In the case of multifamily dwellings or other types of apartment units, each dwelling unit must contain a minimum of 500 square feet of gross floor area, except for efficiency apartments, where 350 square feet of gross floor area must be provided for each unit notwithstanding anything herein to the contrary if any applicable local, state or federal law, statute or regulation provides for a gross floor area larger than that set forth above the said local, state or federal ordinance, law, statue or regulation shall be applicable and shall supersede the gross floor area set forth above.

Every lot to be used for the placement of a mobile home shall have a gross area at least equal to the minimum lot size for the district in which it is located. In addition, the unit must be situated on the lot to meet the applicable minimum setback requirements.

Every mobile home shall meet the minimum standards of all applicable local, state and federal building, housing, electrical, plumbing, and other similar codes. Where there is a difference in the standards set by the applicable codes the stricter code shall apply.

Access to crawl space created by the installation of the wall shall be provided by means of a lockable panel or door.

Every unit which is to be placed in the Flood Fringe or General Floodplain District must comply with all applicable provisions contained in Part 6 of this chapter. No mobile homes shall be permitted to be situated in a Floodway District.

Minimum Area and Density Requirements.

Minimum Lot Width. The minimum lot width for each single family attached dwelling unit shall be as specified in the District Regulations, Part 3. The minimum width required for a lot containing a single family attached dwelling structure shall vary depending upon the number of units proposed. In no case, however, shall the lot width for a single family attached dwelling structure be less than the minimum required for a single family detached dwelling in the district where such structure is located.

Traffic Access and Off-Street Parking Requirements. Each single family attached dwelling structure must access onto a public street or onto a private internal street. All new streets or access drives shall be designed and constructed in accordance with the applicable street standards outlined in Chapter 22, Subdivision and Land Development, of the Code of Kelly Township. The number of off-street parking spaces available on the site shall equal no less than 2.0 spaces per dwelling unit.

Sewage and Water Facilities. Sewage and water facilities must be provided by the developer in accordance with the standards of the PA Department of Environmental Protection.

Common Open Space Ownership and Maintenance. Where the conveyance of title to individual dwelling units of a single family attached dwelling structure does not include the conveyance of any land area or does not include conveyance of the entire site, the developer shall submit a plan of the arrangements to be made for ultimate ownership of and maintenance responsibilities for the common open space/land area associated with the building (including access drives and driveways) as a part of his application for such a use. Copies of such arrangements shall be recorded as part of every deed for such conveyances. Where no conveyance is proposed, the developer shall supply the Township with a copy of his plan for the maintenance of all common open space areas associated with the structure.

Minimum Area and Density Requirements. The minimum lot area required for each multifamily dwelling structure shall be as specified in the District Regulations, Part 3. In the Residential Suburban District, no multifamily dwelling structure shall contain more than six dwelling units. In the Residential Urban District, such structures may contain no more than eight dwelling units.

Other Requirements. All design requirements set forth in § 27-405 dealing with traffic, parking, sewage and water shall be met.

Minimum Tract Area and Density Requirements. Each multifamily housing development situate in the Residential Suburban District shall contain a minimum gross lot area of 10 contiguous acres of land and the multifamily dwelling structures shall contain no more than six dwelling units. Each multifamily housing development situate in the Residential Urban District shall contain a minimum gross lot area of five contiguous acres of land and the multifamily dwelling structures shall contain no more than eight dwelling units. No structure shall be placed upon: 1) land situated in a 100-year floodplain; and 2) land with a slope exceeding 15%. Overall density shall not exceed four dwelling units per acre in the Residential Suburban District and six dwelling units per acre in the Residential Urban District.

Minimum Lot Width. The minimum required lot width shall vary with each individual application and shall be dependent upon the number of units proposed in each structure and the proposed arrangement of buildings in the development. For developments involving single family attached dwelling structures, each dwelling unit shall maintain the minimum width required in Part 3, the District Regulations.

Design Standards.

If any applicable local, state or federal ordinance, law, statue or regulation requires a distance between building that is greater than set forth in Subsection 1E(3) and (4) hereof the greater shall apply.

Building Relationships.

Design Standards.

Utilities and Park Facilities.

Rules and Regulations of the Park. The developer shall submit a copy of the proposed rules and regulations to be followed by tenants of the mobile home park as a part of his application for such a use. Included shall be regulations requiring that:

Minimum Tract Area Requirements. Each residential cluster development situated in the Residential Suburban District shall contain a minimum gross lot area of 10 contiguous acres of land. In the Residential Urban District, such developments shall contain a minimum gross lot area of five contiguous acres of land. No structure shall be placed upon: 1) land situated in a 100-year floodplain; and 2) land with a slope exceeding 15%.

Density Standards.

Permitted Dwelling Types. Single family detached dwellings, single family attached dwelling structures, two-family dwellings, and multifamily dwelling structures may be permitted in residential cluster developments. All units proposed shall be for sale only.

Permitted Lot Area Reductions. The minimum lot area requirement for single-family detached dwellings may be reduced up to 50% from the minimum established for the district in which the development is to be located. The minimum gross lot area requirement for single family attached dwellings may be reduced to the area of the dwelling unit and for multifamily dwellings, the minimum gross lot area may be reduced to the area of the multifamily dwelling structure.

Minimum Lot Width. The minimum lot width required for single family detached and two-family dwellings shall be 75 feet in the Residential Suburban District and 60 feet in the Residential Urban Zone. Width requirements for other types of dwellings shall be as set forth in the District Regulations, Part 3.

Minimum Yard Requirements.

Design Standards. All design standards set forth above for multifamily developments[1] shall be applicable to residential cluster developments.

Open Space Requirements.

Building Relationships.

Maximum Building Coverage. The maximum permitted building coverage shall be 30% and shall apply to the entire development tract, rather than to individual lots.

Minimum Tract Area Requirements. Each planned residential development shall contain a minimum gross lot area of 25 contiguous acres of land. No structure shall be placed upon: 1) land situated in a 100-year floodplain; and 2) land with a slope exceeding 15%.

Types of Uses Permitted. The following types of uses shall be permitted to be included in planned residential developments.

Maximum Residential Densities. The following maximum gross densities shall apply to all residential units within the proposed development.

Design Standards. The design standards for multifamily developments set forth above shall apply to planned residential developments.

Open Space Requirements. The open space requirements for residential cluster developments shall apply to planned residential developments.

Building Relationships. All planned residential developments shall comply with the building relationship standards for residential cluster developments. In addition, setback lines shall be 50 feet from all tract boundary lines and 25 feet from the edge of street right-of-way lines.

Boarding or rooming facilities shall be accessory to a single-family dwelling unit and such uses may or may not include arrangements for meals. And, for the purposes of this chapter, the owner of the single-family dwelling must occupy the unit as its legal resident.

Accommodations may be provided for up to six additional persons, with a maximum of two persons per bedroom. Such accommodations shall be for periods of one week or more in duration.

Residents of a group home shall maintain a single household unit with shared use of rooms, except bedrooms, and shall share mealtimes and housekeeping responsibilities. (There shall however be a no more than two persons per bedroom.)

Accommodations in a group home shall be provided for no more than eight residents, excluding staff, at one time. For the purposes of this chapter, group homes providing accommodations for more than eight residents shall be considered to be institutional residences. Applications for group homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.

Adult supervision shall be provided at the facility on a twenty-four-hour basis.

Applicants for group homes or institutional residences shall indicate the type of care, counseling or treatment to be provided at the site. In each instance, medical care shall be incidental in nature and shall not be a major element of the care being provided at the facility.

Residents of such facilities shall remain in residence for a period of at least three months, and a change of residents shall not routinely occur, except in the case of death, extended illness, disability or similar circumstances.

The applicant for an institutional residence shall provide a copy of his complete license application from the PA Department of Public Health, including drawings, as a part of his application for such a use. Revocation or suspension of the state permit shall constitute an automatic revocation of the Township building/zoning permit.

Any zoning permit for a group home or institutional residence shall apply only to the facility and applicant named, the premises designated, and for the activities or purposes listed or identified in the application. Said permit shall be nontransferable.

Satisfactory evidence shall be provided by the applicant indicating that the proposed facility will conform to all applicable state and local regulations (including regulations of the PA Department of Health and the PA Department of Labor and Industry.)

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the PA Department of Environmental Protection. Nursing homes shall be served by the community sewer system and public water supplies.

Access to the facility which meets the requirements of access to multifamily residential uses as provided in this chapter shall be required. Off-street parking in accordance with this chapter shall be provided. Pedestrian access ways shall be designated which are distinguished and separated from vehicular drives and parking areas.

Outdoor recreation areas of at least 100 square feet per child and 50 square feet per adult being tended shall be provided. Such areas shall be completely enclosed with at least a four-foot chain-link or solid fence located no less than 25 feet from the edge of any adjoining street right-of-way. A dwelling or accessory building may be used as part of the required enclosure.

Outdoor recreation areas shall be sufficiently screened and sound insulated to protect the neighborhood from noise and other disturbances.

All other applicable codes, ordinances or laws (including regulations of the PA Department of Human Services, PA Department of Labor and Industry, and PA Department of Education) shall be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of an application for a day-care center.

The operator of the facility shall reside on the premises.

Overnight lodging accommodations for any guest shall not exceed 14 continuous nights nor more than 60 days in any calendar year.

The maximum number of guests per bedroom shall not exceed two adults and any children under the age of 18 accompanying them.

Lodging accommodations may or may not include arrangements for breakfast or other meals.

Dining facilities and services shall be available only to lodgers.

Exterior alterations to existing structures shall be limited to those customarily associated with residential uses. There shall be no expansion of existing structures to accommodate a bed-and-breakfast establishment.

Satisfactory evidence shall be provided by the applicant indicating that the proposed facility will conform to all applicable state and local regulations (including regulations of the PA Department of Health and PA Department of Labor and Industry).

Applications for correctional institutions shall include the following information as applicable.

All principal and accessory structures to be provided for correctional institutions shall be setback at least 100 feet from any property line and 200 feet from any occupied dwelling (other than the owner's residence).

All permits, licenses and approvals required from federal or state agencies must be secured by the applicant and submitted to the Township as part of the application for the correctional institution. Revocation or suspension of any of these approvals will constitute an automatic revocation of the Township zoning permit.

Nothing in this section is intended nor shall be interpreted to attempt to regulate those aspects of correctional institutions which are specifically regulated by the PA Department of Corrections or the U.S. Department of Justice, provided that the essential precautions are defined by such regulations in as much detail as required herein.

Applications for retail establishments shall include the following information:

On-lot, unenclosed storage associated with an approved commercial use shall meet the requirements.

All outside display or sale of merchandise or products associated with an approved commercial use shall meet the requirements.

Where appropriate, the applicant shall provide proof of issuance of a kennel license from the PA Department of Agriculture prior to the issuance of a zoning permit by the Township. Such licenses shall be renewed annually, a copy of which shall be supplied to the Township by the operator.

All kennels shall be effectively screened from adjacent residential properties and shall not be detrimental to any abutting use.

Any and all outdoor lighting shall be mounted and shielded in such a way so as to avoid causing glare on adjacent lots or properties.

All outdoor kennel area shall be completely enclosed with a chain link fence or other suitable fence or wall.

Outdoor kennel areas shall be located at least 250 feet from the property line of any lot on which residential structure is erected, other than the owner's dwelling.

Adequate arrangements shall be made by the applicant for the collection, storage and disposal of excrement, animal parts and other solid waste generated by the use to the satisfaction of the Township and the PA Department of Environmental Protection. Such arrangements shall be submitted to the Township for review as a part of the application evaluation process. Such wastes shall not create odor, dust or other noxious effects that could be considered public nuisances.

No gasoline service station or automotive repair shop shall have an entrance or exit for vehicles within 300 feet of any school, playground, church or public place of assembly, nor within 30 feet of any intersection.

Gasoline pumps or other fuel dispensing devices shall be no closer than 30 feet to any street right-of-way line.

All fuel, oil, propane gas, or other similar substance shall be stored at least 30 feet from any street right-of-way or property line. (Additional permits may be necessary to meet state and federal requirements regarding the location of storage tanks for such purposes.)

All associated repair work (excluding preventive maintenance and minor adjustments) shall be carried out within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building.

Bodywork or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and is designed to contain all noise, vibrations, dust, and odors generated by the activity. In addition any such use or structure shall comply with all applicable local, state and federal ordinances, laws, statutes and regulations.

Automatic car wash facilities may be permitted in conjunction with such uses provided that the applicant can show that his sewage treatment facilities can accommodate the additional loading.

No more than three vehicles may be offered for sale at any one time at an automotive service station or repair shop.

Where adjacent land use dictates (i.e., residential home sites, churches or similar uses), proper screen plantings or buffer yards of 25 feet shall be provided.

All such uses shall be conducted entirely within an enclosed structure.

Illuminated signs or other outdoor lighting shall be installed and shielded to avoid causing glare on adjacent properties or creating a hazard for passing motorists. (See also Part 7 of this chapter.)

Adequate measures shall be taken to prevent noise or other noxious influences from disturbing nearby residential properties, including the provision of buffer yards and/or screen plantings, as determined appropriate by the Township.

The property upon which an adult entertainment establishment is situated shall not be located within:

Explicit advertisements, displays, or other promotional materials for adult entertainment establishments shall not be shown or exhibited so as to be visible to the public from any street, sidewalk, public place or adjoining lands.

All building openings, entries, exits or windows for adult entertainment establishments shall be located, covered or screened in such a manner so as to prevent a view into the interior from any street, sidewalk or other public place. In the case of any adult drive-in or motion-picture theater, viewing screens shall be situated so as to prevent observation from any street, sidewalk or other public area.

Industrial or manufacturing operations shall abut on or provide direct access to a street or highway which is capable of accommodating the anticipated levels and types of industrial and employee traffic.

Every industrial or manufacturing operation must be contained within a building, except as may be authorized otherwise for a specific type of industry or manufacturing activity and provided in Part 3.

All on-lot, unenclosed storage associated with an approved industrial or manufacturing use shall meet the requirements of this chapter. Any outside display or sale of merchandise shall meet the standards of this chapter.

Adequate sewage and water facilities shall be provided by the developer in accordance with the standards of the PA Department of Environmental Protection. The developer shall provide sufficient documentation along with development plans to indicate that such service will be provided.

Arrangements for the collection, storage and disposal of all solid wastes generated by the operation shall be made by the developer and submitted to the Township for approval as a part of his application for such a use. Where determined appropriate, the Township may request review of the proposed arrangements by the PA Department of Environmental Protection prior to granting approval.

Accessory sales or retail outlets may be permitted to be associated with approved principal uses, but shall be clearly incidental to the industrial use of the subject site.

Buffer yards and screen planting shall be provided along the entire perimeter of the site in accordance with the standards set forth in this chapter.

Compliance with the following minimum performance standards, in addition to all applicable local, state or federal codes or regulations (including DEP's air, water and noise pollution control standards) shall be required. The developer shall present sufficient documentation with his application for the industrial use to indicate that each of the applicable performance standards will be met.

Construction, fabricating and fitting activities shall be conducted within an enclosed building or structure, unless approved otherwise by the Township.

Storage yards shall be buffered and screened from adjacent areas in accordance with the requirements of this chapter.

All precautions deemed necessary shall be taken to minimize potentially noxious, hazardous or nuisance occurrences to any adjacent property, including the provision of buffer yards and/or screen plantings as required in Subsection 1B, above.

Zoning permits for such uses shall be renewed annually by the owner. Such renewal shall be preceded by an inspection of the premises by the Township Zoning Officer.

Such uses shall be conducted within a building or entirely enclosed within a fence or wall not less than eight feet in height and made of a suitable, permanent material. In addition, a buffer yard and screen planting as set forth in this chapter may be required. No part of any buffer yard may be used for the storage of any materials or parts associated with the operation.

No junk material, appurtenant structure, related activity or other enclosure shall be stored, placed, located or conducted within 50 feet of any adjoining property line, public street right-of-way, body of water, stream or wetland. No weeds or scrub-growth over eight inches in height shall be permitted to grow within this setback area. Where determined appropriate by the Township, the applicant may be required to prepare and submit a soil erosion and sedimentation control plan for his facility.

All junk shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water. No junk shall be piled to a height exceeding eight feet.

No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be controlled at all times and in compliance with all municipal, state and federal regulations, ordinances and laws.

All junkyards shall be maintained in such a manner to avoid causing public or private nuisances; causing any offensive or noxious odors; or causing the breeding or harboring of rats, flies, or other vectors that could be hazardous to public health.

Mineral extraction or quarrying operations shall abut on or provide direct access to a street or highway capable of accommodating heavy trucks and employee traffic. Truck access to any excavation site shall be arranged to minimize danger to traffic and nuisance to surrounding properties. The Township Supervisors may require the applicant to post a highway performance bond in order to assure the maintenance of local municipal roads used for access and transportation of resources, materials and products of the operation. The amount of the bond shall be set by the Township Supervisors and shall be valid for one year. An annual renewal and update of the building/zoning permit for the activity, including the amount of the bond, shall be required. The bond shall be administered in accordance with the provisions of Article 5 of the PA Municipalities Planning Code, as amended, relating to improvement agreements.

The applicant shall submit plans which indicate what precautions will be taken to avoid soil erosion and sedimentation problems wherever any excavation is proposed. The applicant shall consult the County Conservation District concerning these plans and shall obtain a report on the soil characteristics of the site and the acceptability of his erosion control plans. Exposed ground surfaces shall be stabilized or protected with a vegetative cover to prevent soil erosion, unless other erosion control techniques are approved. (See also § 27-504, Subsection 8.)

Screen plantings, buffering, and fencing shall be provided along the perimeter of the excavation site as may be required by state or federal regulations. Where not specifically regulated by state or federal standards, a buffer yard of 50 feet and screening in accordance with this chapter shall be provided. In addition, in the case of open excavation, a fence, at least six feet in height, shall completely surround the excavation area.

The minimum performance standards set forth above with regard to industrial or manufacturing uses shall apply.

No extraction activities, stockpiling or storage of extracted material shall be located closer than 100 feet to any property line, street right-of-way line, or residential dwelling, nor less than 250 feet from any stream, body of water or wetland area.

Where permitted, rock crushers, batching or mixing plants, or other grinding, polishing or cutting machinery shall be set back a minimum of 150 feet from all property lines and public rights-of-way and shall be subject to such additional conditions and safeguards deemed necessary by the Township Supervisors to protect the public health, safety and welfare.

Following the extraction operation, the applicant shall restore the area to a contour satisfactory to the Township Supervisors. The applicant shall provide plans and proposals indicating the process to be followed to bring about this restoration as a part of his application for such a use. If it is determined appropriate by the Supervisors, they may require a performance bond from the applicant to ensure that such restoration will take place. Such bond shall be administered in the same fashion as the highway performance bond discussed in Subsection 1A, above.

The applicant shall obtain approval for the proposed facility from the PA Department of Environmental Protection prior to the issuance of a building/zoning permit by the Township.

Municipal or residual waste landfills shall abut on or provide direct access to an arterial highway capable of accommodating the anticipated type and volumes of traffic generated by the facility. Access to any such facility shall be designed to minimize danger to normal traffic and nuisance to surrounding properties. In addition, all such access roads shall at a minimum meet the requirements set forth in Section 273.213 of Chapter 273 and Section 288.213 of Chapter 288 of Title 25 of the Pa. Code, or as may hereafter be amended.

Municipal or residual waste landfill sites shall be completely enclosed by a fence to prevent unauthorized access and to prevent debris from being blown from the site. In addition, all requirements relating to access control contained in Section 273.212 of Chapter 273 and Section 288.212 of Chapter 288 of Title 25 of the Pa. Code, or as may hereafter be amended, shall be met.

Municipal or residual waste landfills shall not be sited in the following locations: (All distances shall be measured from the property line of the facility, except as may be otherwise indicated.)

The disposal area of a municipal or residual waste landfill shall be located at least:

A copy of the geology, soils and hydrology descriptions required by Sections 273.115 through 273.120 of Chapter 273 and Sections 288.122 through 288.127 of Chapter 288 of Title 25 of the Pa. Code, or as may hereafter be amended, shall be submitted as a part of an application for a municipal or residual waste landfill.

A copy of the water quality protection and monitoring plan required by Sections 273.151 and 273.152 of Chapter 273 and Sections 288.151 and 288.152 of Chapter 288 of Title 25 of the Pa. Code, or as may hereafter be amended, including a soil erosion and sedimentation control plan, shall be submitted as a part of an application for a municipal or residual waste landfill.

A copy of the gas monitoring and control plan required by Section 273.171 of Chapter 273 and Section 288.161 of Chapter 288 of Title 25 of the Pa. Code, or as may hereafter be amended, shall be submitted as a part of an application for a municipal or residual waste landfill.

A copy of the emergency contingency plan required by Section 273.181 of Chapter 273 and Section 288.171 of Chapter 288 of Title 25 of the Pa. Code, or as may hereafter be amended, shall be submitted as a part of an application for a municipal or residual waste landfill.

A copy of the postclosure land use plan and closure plan required by Sections 273.191 and 273.192 of Chapter 273 and Sections 288.181 and 288.182 of Chapter 288 of Title 25 of the Pa. Code, or as may hereafter be amended, shall be submitted as a part of an application for a municipal or residual waste landfill.

The applicant for a municipal or residual waste landfill shall demonstrate, to the satisfaction of the Township, sufficient financial responsibility for the operation of the proposed facility and the ability to provide for insurance protection for personal injury and property damage to third parties arising from the operation of the facility. A copy of the collateral and/or surety bond guarantees required by Section 271.311 of Chapter 271 and Section 287.311 of Chapter 287 of Title 25 of the Pa. Code, or as may hereafter be amended, shall be submitted as a part of the application for the facility.

The applicant for a municipal or residual waste landfill shall demonstrate to the Township that the proposed facility is appropriate and suitable for the district and the location in which it is planned.

In addition to the foregoing requirements, the applicant shall provide evidence that all other required governmental approvals have been granted prior to the issuance of a zoning permit. Required approvals shall include, but are not limited to, approvals by any federal or state agencies, stormwater management plans, subdivision and land development plans (including appropriate financial guarantees), and approvals under any county or Township ordinances.

In the event the landfill is found to be in violation of any other governmental regulations which require that the operations of the landfill shall cease, such action shall cause the zoning permit to be void and forfeited. No resumption of the landfill shall take place in such event unless and until the applicant submits and obtains approval of a new zoning permit application pursuant to the requirements of this chapter and other municipal regulations in effect at the time that such new application is submitted.

General Agricultural Use Regulations. The following general regulations shall apply to all agricultural or family farming uses, as appropriate.

Concentrated Animal Operation Regulations. Concentrated animal operations (CAO) may only be permitted in an Agricultural District, and all new or expanded CAO's shall require conditional use approval from the Township Supervisors prior to the issuance of a zoning permit for the activity. In addition, all applications for CAO's shall satisfy the following criteria.

Subdivision of Land In The Agricultural Zoning District. Consistent with the Governor's Agricultural Land Preservation Policy, issued on October 14, 1997, it is the intent of these regulations to preserve and protect the Township's valuable agricultural lands from irreversible conversion to uses other than agricultural. Such conversion would result in permanent loss of said agricultural lands as an environmental and essential food and fiber resource. In accordance with the above stated policy, the following regulations shall apply to the subdivision of lands within the Agricultural Zoning District:

Temporary stands shall not exceed 400 square feet in size and shall be removed during the time when not in use for the sale or display of products;

Two additional off-street parking spaces shall be provided where a roadside stand is established;

Temporary stands shall be located at least 10 feet from the edge of the adjoining street right-of-way and at least 50 feet from any intersection, and permanent stands shall meet the setback requirements set forth in Part 3, District Regulations, for structures in the district where they are to be located; and

Zoning permits for temporary roadside stands shall be renewed annually. There shall however be no charge for the renewal of these seasonal zoning permits.

For the purposes of this chapter, seasonal dwellings shall be construed to mean permanent structures used only periodically during the year. Such use may include shelter during hunting and fishing seasons, private vacation and/or weekend or holiday uses, or other similar periodic visits at any time of the year.

No buses, trucks, or similar vehicles shall be permitted as seasonal dwellings. Recreational vehicles, campers, travel trailers, motor homes, or similar units may be used for temporary purposes for a period of time not exceeding 180 days in any calendar year and must be removed from the site during the off-season. Such temporary uses shall require the issuance of an annual seasonal zoning permit. Where such units are to be placed in any identified floodplain area, the seasonal permit will only be valid from April 15 through October 15 of each year.

General Requirements.

Design Standards.

Utilities and Park Facilities.

Campgrounds and Parks in Floodprone Areas.

A plan showing the proposed facilities and/or design of the recreational facility shall be provided by the applicant with his application for the use.

Where appropriate, outdoor security lighting shall be provided for the facility. Such lighting shall be installed and shielded however to eliminate direct glare on adjacent properties or upon public streets.

The proposed hours, rules, and security arrangements for the facility shall be included with the application for any such use. Consideration shall be given not only to the convenience of the users, but the convenience, safety and welfare of the neighborhood or area in which the facility is to be located.

Where the proposed activity involves a commercial or institutional recreation development or presents a potentially hazardous situation, additional precautions shall be taken by the applicant to ensure the safety of the public and such uses shall require conditional use approval from the Township Supervisors. In all such circumstances, the Supervisors shall review the precautions being proposed and shall determine their adequacy before authorizing the conditional use.

The proposed uses and structures shall meet the regulations set forth in this chapter for the zoning district within which the real estate is located.

Applicants filing applications for permits or conditional use for said uses and structures shall, contemporaneously with the filing of the application, submit with the said application all applicable licenses and permits required by any governmental authority or agency.

Contemporaneously with the submission of the said application applicants shall submit a water and sanitary sewage plan providing daily use or daily generation, waste management plan describing the type of water to be generated and the method of disposal, the frequency of the disposal, and a traffic plan describing the type and volume of vehicles on a daily basis.

All fuel, liquid, gas or solid waste storage facilities and/or waste sites shall be located at least 100 feet from all property lines and the street right-of-way line abutting the real estate upon which the use or structure is to be located.

All storage areas not located within an enclosed building or structure shall be located at least 30 feet from the rear and side property lines and at such distance from the front property line as is provided for in the regulations for the zoning district in which the use or structure is to be located. The said storage area shall be enclosed by a fence or wall or sufficient height and construction that will visibly shield the said area from adjacent zoning districts in which residential uses are permitted. The said area shall be secured at all times. If the real estate upon which the use or structure is to be located does not abut a residentially occupied dwelling or a zoning district in which residential uses are permitted the said fence or wall shall be required to only provide security for the said area.

No exterior lighting shall cast light beyond the property lines of the real estate upon which the use of structure are located or any abutting rights-of-way in excess of 0.2 footcandles measured at ground level at said property operating with staff after 10:00 p.m. prevailing time shall reduce the exterior lighting by 50% from 10:00 p.m. to 6:00 a.m. prevailing time. Any use or structure not operating with staff after 10:00 p.m. prevailing time shall reduce exterior lighting by 75% from 10:00 p.m. prevailing time to 6:00 a.m. prevailing time. The applicant shall, contemporaneously with the submission of its application, submit an exterior lighting plan compliant with this provision and all other applicable regulations and laws.

The proposed use or structure shall not interfere with radio and television broadcasting, telephone operation or similar use. The applicant shall, contemporaneously with submission of the said application, submit written affirmation of this provision.

Height of structures shall be in accordance with the regulations of the applicable zoning district. The height of any tower, pole, monopole, turbine, smoke stack, solar array or similar structure shall not exceed 100 feet measured from the grade surrounding the structure nor shall it be erected within a distance of 110% of its height from any property line, right-of-way line or structure not owned by the applicant. No light shall be attached to the same unless it is required by a governmental authority or agency.

Compliance with all applicable governmental ordinances, laws, statutes and regulations as amended from time to time shall be demonstrated at the time of application for a permit or conditional use, the same to be to the satisfaction of the Township.

Fencing for private noncommercial aboveground and in-ground swimming pools must comply with 34 Pa. Code § 403.26.

A dwelling or accessory structure may be used as part of the required enclosure.

The pool shall not be located within any required front yard nor closer to any side or rear property line than is established for accessory structures in the district where the pool is located.

In the event any applicable, local, state or federal ordinance, law, statute of regulation shall contain provisions that are different than those set forth herein the stricter provision shall apply.

The area devoted to the permitted home occupation shall be located entirely within the owner's dwelling or a single building accessory thereto and shall not occupy more than 25% of the gross floor area of the dwelling.

The home occupation shall be clearly secondary to the principal residential nature or use of the dwelling.

There shall be no change in exterior dimension of the dwelling to accommodate the home occupation, except as may be necessary for safety purposes.

Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator residing on the premises and not more than one additional nonresident employee.

A home occupation shall not in any way alter the residential character of a neighborhood nor in any way adversely affect the safe and comfortable enjoyment of individual property rights of the neighborhood in which the use is located.

There shall be no exterior display or sign, except as may be permitted herein, and no outside or unenclosed storage of materials associated with the business on the premises.

No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be produced or detected at or beyond the property line of the lot containing the home occupation.

A minimum of two additional off-street parking spaces shall be provided for all home occupations.

The use shall not create any adverse impact on existing traffic or circulation patterns in the neighborhood.

Uses Incidental.

No-impact home-based business shall be subject to the following requirements:

All such uses must remain secondary to the principal commercial use of the structure.

The minimum gross floor area requirements set forth in of this chapter shall be met as well as all applicable local, state, and federal ordinances, laws, statutes and regulations.

The off-street parking requirements set forth in this chapter shall be met for both the commercial and residential uses.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the addition of the dwelling unit(s) and shall meet the requirements of the PA Department of Environmental Protection.

Small Cottages. Small cottages, as defined in this Chapter 27, shall be permitted as an accessory residential use in the Residential-Rural (R-R), Residential-Suburban (R-S), Residential-Urban (R-U) and Agricultural (A) Zoning Districts. See Chapter 27, Part 4, § 27-443 for a complete list of regulations.

Temporary uses such as carnivals, circuses or other open-air cultural, religious, or sporting event may be permitted in the Commercial Highway Manufacturing, Institutional or Agricultural Districts. A temporary zoning permit shall be required to be issued by the Zoning Officer for such a temporary use or activity. Such Temporary Permit shall be valid for no more than 14 days and shall be issued only after the applicant has met the following requirements.

The Zoning Officer shall note on the temporary permit or attach to the permit application, information that demonstrates that the applicant has agreed to or complies with all requirements of this section. The Zoning Officer shall inspect the site as necessary to ensure that the provisions of the permit are adhered to.

A temporary building/zoning permit shall be required, and when issued, shall indicate the specific period of time for which the authorization is granted. No temporary permit for such uses shall be issued for a period of time exceeding six months, except as provided in Subsection 2B below.

The Board of Supervisors may grant an extension to or renew the temporary permit for as many as two additional 90 day periods if in their opinion the applicant encountered unforeseen circumstances in carrying out the operation for which the original temporary permit was issued; or if the permit covered residential use, the refusal of an extension would cause an undue hardship to the applicant.

Information concerning water supply and sewage disposal facilities to be used shall be presented by the applicant as part of his Building/Zoning Permit application, along with assurance from the PA Department of Environmental Protection or Township Sewage Enforcement Officer that these arrangements are adequate.

All such mobile homes shall be removed from the site by the applicant upon expiration of the permit at no cost to the Township.

Mobile homes shall not be placed in the Floodway District. Every such unit to be placed in the Flood Fringe or General Floodplain District must comply with all applicable provisions contained in Part 6 of this chapter. (See also § 27-437 below.)

Any mobile home placed upon a tract of land in Kelly Township pursuant to a temporary building/zoning permit, notwithstanding anything herein to the contrary, may be erected or installed without a permanent foundation provided the same is installed in accordance with industry standards.

Notwithstanding anything contained herein or in any other ordinance to the contrary it shall be permissible for a new structure to be erected on a lot without compliance with Chapter 22, Subdivision and Land Development, where an existing structure is intended to be removed upon completion of the new structure provided the new structure shall meet all other applicable provisions of this and all other ordinances.

In such cases, the applicant shall, prior to obtaining a permit for such new construction, enter into an agreement with Kelly Township, in a form satisfactory with the Township, providing for the removal of the existing structure within in a specified period of time and posting adequate securities to assure such removal. The period of time to remove the structure may be extended by the Township if, in the sole discretion of the Township, circumstances warrant such extension.

Docks and all other water-related uses shall be installed so that they create no rise in the 100-year flood level. When there is a threat of a flood, docks shall be removed from the floodplain.

Docks must be removed from the floodplain between November 1 and April 1.

Docks shall be located no closer than 100 feet to any other dock.

No variance shall be granted to any of the requirements of this section which would cause a rise in elevation of the 100-year flood or be contrary to the requirements of the National Flood Insurance Program.

Tower based wireless telecommunication facilities meeting the requirements of this section are permitted by right on property located in those zoning districts where the same are permitted pursuant to the district regulations set forth in Chapter 27, Part 3 of the Code of Ordinances of Kelly Township, Union County, Pennsylvania.

Non-tower based wireless telecommunication facilities, including DAS, DCU and small cell facilities, meeting the requirements of this section are permitted by right within the rights-of-way of US Route 15 and shall not be within 30 feet of a residential dwelling.

Collocation, replacement or modification of or to wireless telecommunications facilities and wireless support structures covered by this section, as determined upon application of the definitions in § 27-439, Subsection 1 and the pre-application submission provisions of § 27-439 Subsection 3C, are subject to the following.

No zoning permit is required for modification, replacement or collocation that meets all of the following requirements, provided, however, that a written statement shall be submitted to the Zoning Officer containing sufficient information to permit the Zoning Officer to make a determination as to compliance with this section. A fee in the amount established by resolution shall be paid at the time of the submission of the written statement.

Pre-Application Submission; Determination of Need for Filing of Application for a Zoning Permit.

An application for modification or collocation of a wireless telecommunications facility shall be acted upon within 10 days or the most recent time frame established by the Federal Communications Commission of the receipt of an application by written determination that a zoning permit is not required. In the event a zoning permit is determined to be required, the procedures set forth in § 27-439, Subsection 4, apply.

Zoning Permit; Application. Except as otherwise provided by § 27-439, Subsection 3, a zoning permit is required for any use regulated by this section. Application for the zoning permit shall be made on the form prescribed by the Township and shall contain all information generally required for such application as set forth on the form, as well as the additional information required below:

Pre-Application Meeting. It is recommended, but not required, that the applicant discuss the application with the Zoning Officer prior to its submission to familiarize the applicant with this section and to familiarize the Township with the applicant's proposed use.

Complete Application. Upon receipt of the application, the Township shall perform an administrative completeness review and within 30 calendar days of the date that an application for a wireless telecommunications facility is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete the application. Such writing must specify the provision, application instruction, or otherwise publicly-stated procedure that required the information to be submitted. In the event the applicant fails to provide the missing information, the Township shall within 10 days notify the applicant in writing of the still-missing information.

New Wireless Telecommunications Facility - Review Period. An application for a new wireless telecommunications facility shall be acted upon within 150 days or the most recent time frame established by the Federal Communications Commission of the receipt of the application by issuance of a zoning permit or written notice of denial stating the grounds for denial. Such period may be tolled for any period of incompleteness (30 days or a single additional period of 10 days) provided the Township has met the notice requirements set forth in § 27-439, Subsection 4C.

Modified or Collocated Wireless Telecommunications Facility Requiring a Zoning Permit - Review Period. An application for modification or collocation of a wireless telecommunications facility that does not meet the requirements of § 27-439, Subsection 3, shall be acted upon within 90 days or the most recent time frame established by the Federal Communications Commission of the receipt of an application by issuance of a zoning permit or written notice of denial stating the grounds for denial.

Retention of Consultants. The Township, in its discretion, may engage a consultant(s) as necessary to assist the Township in reviewing and evaluating the application and, once the proposed wireless telecommunications facility is approved and operating, in reviewing and evaluating any potential violations of this section. The applicant, or its successor in title or interest, shall reimburse the municipality for all costs incurred by the municipality for such consultation. The reimbursement for review and evaluation of the application shall be paid prior to issuance of the permit and within 15 days of billing. Reimbursement of cost associated with evaluating potential violations shall be paid within 15 days of billing.

Administrative Fees. The Township may by resolution assess appropriate and reasonable administrative fees not to exceed the Township's actual costs in reviewing and processing the application.

Release. Applicant shall, prior to the issuance of a zoning permit upon a determination made by the Zoning Officer, submit a release releasing the Township from any and all liability for damages to any facilities located within public rights-of-way or on lands of the Township that occurred as a result of an act of the Township, its employees, officers or agents.

Compliance With Law. All wireless telecommunications facilities shall be designed, constructed, inspected, operated, maintained, repaired, modified and removed in strict compliance with all current applicable federal and state technical, building and safety codes and the requirements of this section.

Obstruction. No wireless telecommunications facilities placed within a public right-of-way shall be located so as 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 municipality.

Least Intrusive Design. All wireless telecommunications facilities shall consist of the smallest and least visibly intrusive equipment feasible.

Interference. No wireless telecommunications facility shall interfere with public safety communications or the reception of broadband, television, radio or other communication services.

Signage. Each wireless telecommunication facility shall be posted, in a manner and design readable by a member of the public, with the name of the owner, the name of the operator, a 24/7 telephone number and an email address in the event of an emergency, and Federal Communication Commission (FCC) registration number (if applicable). Such signage shall not exceed four square feet in size.

Lighting. Wireless telecommunications facilities shall not be artificially lighted beyond what is required by law. 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.

Access and Parking. An access road, turnaround space and a parking area, sufficient in dimension for two vehicles, shall be provided to ensure adequate emergency and service access to tower-based wireless telecommunications facilities. The access road shall be improved to a minimum of 10 feet in width and with a dust-free, all weather surface. Where applicable, the wireless telecommunications facility owner shall present documentation to the municipality of the grant of an easement for access to the proposed facility for emergency and maintenance responsibilities and proof of the recording of the same.

Fencing. A security fence with a minimum height of eight feet shall surround any tower-based wireless telecommunications facility. All other related buildings and equipment shall be secured and maintained in such manner as to prevent access by persons other than those authorized to operate or service the facility.

Stealth Technology. The wireless telecommunications facility shall employ the most current stealth technology available; at a minimum, facilities shall be painted an appropriate color to harmonize with the character of the area and surrounding land uses.

Landscaping and Screening. Tower-based wireless telecommunications facilities located outside the right-of-way shall submit a landscape plan for ground mounted equipment that meets the screening provisions of this chapter.

Small Engine Facilities. No combustion engine providing back-up power for small cell facilities shall be permitted.

Nonconforming Wireless Telecommunications Facilities. Any nonconforming wireless telecommunications facility which, after the effective date of this chapter, is damaged or destroyed due to any reason or cause may be repaired and restored at its former location, but only with full compliance with this section.

Discontinuation. In the event that use of a wireless telecommunications facility is planned to be discontinued, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued. Failure to use such facility for a period of 180 days (consecutive or non-consecutive) in a 365-day period, excepting for purposes of active repair or modification), shall constitute a discontinuation.

Removal. Discontinued or abandoned wireless telecommunications facilities or portions of wireless telecommunications facilities shall be removed as follows:

The applicant shall post and maintain performance security for removal of all structures associated with the wireless communications facility, in an amount equivalent to the identified removal costs demonstrated and affirmed by the applicant pursuant to § 27-439, Subsection 4A(12), of this section. Following the commencement of operations, the performance security shall be maintained by the wireless telecommunications facility's then-current owner and/or operator. The performance security shall be posted and maintained with a bonding company or federal or commonwealth-chartered lending institution chosen by the facility owner or operator, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth. The performance security shall specifically provide for the Township's right to seek release of the secured funds to the Township to perform the removal work in the event of the owner/operator's default. The form of the performance security shall be subject to review and approval by the Township Solicitor.

The then-current owner of the wireless telecommunications facility shall retain an independent and registered professional structural engineer to estimate the cost of removal, without regard to salvage value of the equipment, upon the conclusion of the first year of operation and every five years thereafter, and to submit such estimate in writing to the Township. In the event the posted performance security is less than said estimate, the then current owner/operator must post additional performance security meeting the requirements of Subsection 9A above with the Township within 30 days of the Township's written demand for additional performance security.

Permitted winery activities shall be restricted to indoor and outdoor tasting and sale, by either glass or container, of wine produced by the winery, sale of glassware, gifts, clothing, artwork and similar items related to wineries and/or vineyards advertising or promoting the name and/or place of the permitted winery. The sale of light food, snacks, cheeses and similar items customarily eaten in conjunction with wine tasting is permitted. Receptions, festivals, cultural events and similar activities with or without entertainment may be held provided any food provided for meals shall be prepared off premises, and all activities related thereto shall be between the hours of 8:00 a.m. and 10:00 p.m. and shall not create a public nuisance with loud noise or disorderly conduct.

Parking requirements shall be calculated at a rate of one space per 200 gross assigned retail space plus one per employee on a maximum shift in addition parking shall be provided for special events, receptions, etc. at a rate of one space per three seats, indoor and/or outdoor. Said event parking may be permitted on reinforced, stabilized earth or pervious paving materials provided that said materials are durable, dust and mud free.

Buffering shall be required when the winery abuts a residential district or occupied residential property. A building and/or structure, principal or accessory shall be set back a distance of 50 feet from the property lines(s).

Any proposed parking facilities located within 100 feet of any occupied residential structure shall be effectively screened to provide visual relief. Said screening shall consist of a wall or fence, a building or structure, or plant material, a minimum of four feet in height. In the case of plants, there shall be a minimum of four feet in height at all times and planted in staggered rows to create a visual year round barrier.

Outdoor lighting shall be reduced by 75% between the hours of closing and dawn.

All activities of wineries shall be in compliance with all applicable federal, local, and Commonwealth of Pennsylvania statutes, laws, ordinances, rules and regulations.

Minimum lot area: two acres.

Minimum lot requirements, lot width, maximum impervious, maximum building coverage and height shall be those of the underlying district regulations, as amended from time to time.

Minimum set backs:

Parking facilities and loading unloading facilities shall be designed to meet the applicable requirements for set back, screening, lighting and number of spaces as set forth in this chapter.

The applicant shall complete an application form provided by the Township and submit a fee, as established by the Township from time to time for the permit to the Zoning Officer for review of compliance with the applicable Township ordinances.

In the event the applicant cannot provide evidence of compliance with the provisions of the Pennsylvania Medical Marijuana Act[2] at the time of the submission of an application for a zoning permit due to the procedure of the Commonwealth of Pennsylvania agency or agencies administering the Medical Marijuana Act, the applicant may provide, at the time of the submission of the application for a zoning permit and the payment of the fee, a signed statement, prepared by the Township, acknowledging that the said evidence of compliance has not been provided and that any zoning permit issued shall be conditioned upon the applicant providing said evidence of compliance within 180 days of the submission of the said application. Should the applicant fail to provide the Zoning Officer with said evidence of compliance within the said 180 days, any zoning permit issued shall be automatically revoked and the Zoning Officer shall provide notice of the same to the applicant. No improvements shall be made nor business conducted until such time as said evidence of compliance has been provided to the Zoning Officer. The said application fee shall not be refunded and applicant shall be responsible for the cost of preparing the said statement.

No building or structure shall be occupied nor shall any business be conducted without first obtaining an occupancy permit.

The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as adopted by the Township, with all other applicable fire and life safety requirements and with all applicable statutes, ordinances, rules and regulations. The PSES layout, design and installation shall be subject to review and approval of the Township, the costs of said review and approval to be paid by applicant.

The underground placement of on-site transmission lines and plumbing lines shall be utilized whenever possible consistent with the standard industry practices.

The applicant shall provide the Township with an executed copy of its contract with a public utility company or the Regional Transmission Operator (RTO) to which the PSES will be connected, the same to be subject to review and approval of the Township.

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

Glare.

No trees or landscaping required by state, federal or Township statutes, laws, ordinances, rules or regulations or as provided in the approval of any plan, application or permit may be removed, except upon approval of the Township and then only for reasons of safety or public welfare.

The PSES owner and/or operator shall maintain a phone number and address of a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number, address and name to the Township, the same to be updated when changed. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints no later than three days after the inquiry or complaint was filed.

PSES owners shall maintain all panels, structures and equipment and shall repair or replace any damaged or visibly degraded components in a manner consistent with industry standards. Components shall be replaced in kind, or with equivalent parts or materials, consistent with the original design and manufacturer's specifications and shall be completed within 60 days of the mailing of a notice by the Township of the need to make repairs or replacement, said notice to be mailed by First Class Mail to the said responsible person provided for herein.

A contingency plan of emergency procedures shall be developed by the PSES owner consistent with standard operating practices of the industry. The plan shall be submitted to the fire department servicing the area where the PSES is located for its review and approval. A copy of the plan along with the written approval of the fire department shall be submitted to the Township with the application. The same shall be reviewed and updated, if necessary, every five years.

Decommissioning.

Prior to the issuance of a zoning permit, PSES applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:

Permit Requirements. PSES shall comply with the Township subdivision and land development requirements. The installation and operation of PSES shall be in compliance with all applicable statutes, ordinances, permit requirements, codes and regulations.

Minimum and maximum area lot size for all zoning districts:

Minimum yards:

Height. Ground mounted PSES shall not exceed 10 feet in height as measured vertically from the top of the component and the ground below the component.

Impervious Coverage.

PSES owners are required to follow the current PA DEP Guidelines for Solar Collectors as a best management practice for stormwater management.

Screening. Screening shall be installed on the exterior of the fencing required herein, subject to the following provisions:

In Agricultural Zoning Districts, no more than 20% of the entire area for development shall consist of Class I and Class II prime agricultural soils as defined by the then current version of the NRCS Custom Soil Resource Report.

Ground mounted PSES shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed or natural stormwater conveyance system.

Security.

Access.

The ground mounted PSES shall not be artificially lighted except in compliance with all applicable federal, state and Township statutes, ordinances, rules and regulations, the primary purpose of said lighting being for safety purposes.

If a ground mounted PSES is removed, the same shall be in accordance with all applicable local, state and federal laws, ordinances, statutes, rules and regulations.

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

PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.

The financial security may be utilized by the Township to pay the costs of repair, replacement, dismantling, removal and/or restoration of the PSES or the land as provided herein.

Every five years, a new estimate of the said costs, prepared by an engineer, shall be submitted to the Township in writing by the owner of the PSES. The said estimate shall be subject to the approval of the Township. The said financial security shall be adjusted to equal 110% of the said estimated costs.

In the event the Township utilizes the said financial security as herein provided, the owner of the PSES shall, immediately, replace the funds so utilized to the extent necessary to provide financial security in the amount of the said 110%.

The Township shall be entitled to an administrative fee of 10% of the cost of any work done by it pursuant hereto. The same may be deducted from the financial security.

Should the financial security not be sufficient to pay the costs and the fee, the owner of the PSES and/or the land shall be liable for the costs and fees not paid from the financial security, the same may be collected as permitted by law, including the filing of a municipal claim.

The agreement referred to herein shall be prepared by the Township.

All costs, expenses and fees incurred by the Township in reviewing the estimates or enforcing the said agreement shall be paid by the owner of the PSES and/or the land within 10 days of receiving a bill for the same.

The small cottage shall not exceed 900 square feet in total floor area.

The minimum size of a small cottage occupied by one person shall be no less than 250 square feet of enclosed floor area. The minimum size of a small cottage occupied by two persons shall be no less than 500 square feet of enclosed floor area.

The small cottage shall not exceed one story in height and under no circumstances shall the total height exceed 20 feet.

A small cottage shall, subject to the further limitations of this chapter, be located only on a lot where there already exists a single-family dwelling occupied by a family member.

No small cottage shall be located within the front yard of any lot.

No more than one small cottage shall be located on any lot.

The small cottage shall be otherwise in conformity with all other provisions of this chapter, including but not limited to, lot coverage and side and rear yard setbacks, and any distance requirement from the main dwelling unit on the lot as required by Township ordinances.

A small cottage shall be clearly subordinate to the principal dwelling on the lot. Its exterior appearance and character shall be in harmony with the existing principal dwelling.

A small cottage shall not be stick built and shall be a factory-manufactured home or component and, in addition to complying with any other law, it shall bear an Insignia of Approval of the United States Department of Housing and Urban Development or an Insignia of Certification for Industrialized Housing of the Pennsylvania Department of Community and Economic Development. Please consult the following website for additional information: https://dced.pa.gov/housing-and-development/industrialized-and-modular-housing/

A small cottage shall be constructed so as to be easily removable. The unit's foundation shall be of easily removable materials so that the lot may be restored to its original use and appearance after removal. No permanent fencing, walls, or other structures shall be installed or modified that will hinder removal of the small cottage from the lot.

Adequate water supply and sewage disposal arrangements shall be provided, which may include connections to such facilities of the principal dwelling and which must be approved and installed with compliance to all ordinances, statutes, rules and regulations. The small cottage shall be serviced by all other necessary utilities. If a small cottage is located in an area where electrical, cable, and/or telephone utilities are underground, such utilities serving the unit shall also be underground.

Adequate parking shall be provided for residents and visitors with added consideration for possible access for emergency vehicles.

The agreement related to the removal of the small cottage shall be recorded in the office of the Recorder of Deeds in and for Union County upon execution by the owner of the lot upon which the small cottage is placed and the Township.

The said agreement shall be recorded by the Township, at the lot owner's expense, upon execution of the said agreement and shall be accompanied by a check payable to the Recorder of Deeds for said recording provided by the lot owner.

Name, address and phone number of the owner of the lot.

Name of the owners/occupants of the principal dwelling.

Name of the proposed occupant(s) of the small cottage.

Age of the proposed occupant(s) of the small cottage.

Relationship of the small cottage occupant(s) to the owners/occupants of the principal dwelling with proof of relationship.

When the small cottage is no longer occupied by the individual(s) for which the small cottage was placed, the owners/occupants of the principal dwelling on the lot where the small cottage is located shall notify Township of the same and shall be responsible for the removal of the small cottage and the restoration of the land to its original condition as provided herein, and in the agreement referenced in Subsection 5.

The owners/occupants of the principal dwelling on the lot where the small cottage was placed shall commence removal of the small cottage and restoration of the land within 60 days of the small cottage ceasing to be occupied and shall inform the Township when removal and restoration have commenced.

Should the owners/occupants of the principal dwelling on the lot where the small cottage is located fail to commence removal and restoration with notice to the Township within the said 60 days, the Township shall have the authority to enter upon said lot to commence removal of the small cottage and restoration of the land to its original condition.

Before the Township commences removal and restoration as provided herein, the Township shall provide five days' notice to the owners/occupants of the lot of Township's intention to commence said removal and restoration.

The owners/occupants of the lot shall be liable to the Township for the costs related to the said removal and restoration, together with a penalty of 10% of the costs thereof, the same to be collected by the Township from the owners/occupants in the manner provided by law, including the filing of a municipal claim.

Nothing herein shall prohibit the Township from instituting a legal action seeking an injunction to enforce the provisions of this section or to prevent future violation of this section.

Applicability. The provisions of this section shall only apply to activities of a wireless provider within the right-of-way to deploy small wireless facilities and associated new utility poles with small wireless facilities attached.

Exclusive Use Prohibited. The Township shall not enter into an exclusive arrangement with any person for use of the right-of-way for:

Right-of-Way Rates and Fees. Subject to the fee adjustment requirements under Subsection 4C, the Township shall have the right to charge an annual fee for the use of the right-of-way. An annual right-of-way fee shall not exceed $270 per small wireless facility or $270 per new utility pole with a small wireless facility unless the Township demonstrates all of the following:

Right of Access.

Size Limits.

Underground District. A wireless provider shall comply with reasonable and nondiscriminatory requirements that prohibit communications service providers from placing or installing structures in the right-of-way in an area designated solely for underground or buried cable facilities and utility facilities if the Township:

Historic District or Building. Except for facilities excluded from evaluation for effects on historic properties under 47 CFR 1.1307(a)(4) (relating to actions that may have a significant environmental effect, for which environmental assessments (EAs) must be prepared), the Township may require reasonable, technically feasible, nondiscriminatory and technologically neutral design or concealment measures in a historic district or on historic buildings. Any design or concealment measures may not have the effect of prohibiting any provider's technology or be considered a part of the small wireless facility for purposes of the size restrictions of small wireless facilities.

Design Guidelines. The Township may develop objective design guidelines for a small wireless facility regarding the minimization of aesthetic impact in accordance with the following:

Damage and Repair. A wireless provider shall repair all damage to the right-of-way or any other land so disturbed, directly caused by the activities of the wireless provider or the wireless provider's contractors and return the right-of-way in as good of condition as it existed prior to any work being done in the right-of-way by the wireless provider. If the wireless provider fails to make the repairs required by the Township within 30 days after written notice, the Township may perform those repairs and charge the wireless provider the reasonable, documented cost of the repairs plus a penalty not to exceed $500. The Township may suspend the ability of an applicant to receive a new permit from the Township until the applicant has paid the amount assessed for the repair costs and the assessed penalty. The Township may not suspend the ability of an applicant to receive a new permit that has deposited the amount assessed for the repair costs and the assessed penalty in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

Communications Services. The approval of the installation, placement, maintenance or operation of a small wireless facility under this section shall not authorize the provision of any communications services without compliance with all applicable laws or the installation, placement, maintenance or operation of any communications facilities other than wireless facilities and associated utility poles in the right-of-way.

Applicability. The provisions of this section shall apply to activities of the wireless provider within a right-of-way.

Exclusive Use Prohibited. The Township may not enter into an exclusive arrangement with any person for the right to collocate on municipal poles.

Collocation. The Township shall allow collocation on municipal poles using the process required under this Part, Chapter 13, Part 2 of the Code of Ordinances of Kelly Township and applicable codes unless the small wireless facility would cause structural or safety deficiencies to the municipal pole, in which case the Township and applicant shall work together for any make-ready work or modifications or replacements that are needed to accommodate the small wireless facility. All structures and facilities shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way.

Rates. Subject to the fee adjustment requirements under Subsection 4C, the Township shall not charge a wireless provider a fee to collocate on municipal poles.

Implementation and Make-Ready Work.

Future Use. The Township may reserve space on an existing municipal pole for future public safety or transportation uses in a documented and approved plan as adopted at the time an application is filed. A reservation of space shall not preclude collocation, the replacement of an existing utility pole or the installation of a new utility pole. If the replacement of a municipal pole is necessary to accommodate collocation and the reserved future use, the wireless provider shall pay for the replacement municipal pole and the municipal pole shall accommodate the future use.

Limit or preempt the scope of the Township's zoning, land use, planning, streets and sidewalks, rights-of-way and permitting authority as it relates to small wireless facilities.

Grant the authority to the Township to exercise zoning jurisdiction over the design, engineering, construction, installation or operation of a small wireless facility located in an interior structure or on the site of a campus, stadium or athletic facility not owned or controlled by the Township. Nothing in this section authorizes the Commonwealth or the Township to require small wireless facility deployment or to regulate wireless services.

Ordinances. The Township may adopt ordinances that comply with this § 27-444 and shall amend existing ordinances as necessary to comply with this § 27-444. If the Township does not adopt an ordinance that complies with this § 27-444 within 60 days of the effective date of this section, applications seeking permits to collocate, modify or replace existing utility poles or install new utility poles shall be processed in compliance with the Small Wireless Facilities Deployment Act.[1] The Township shall not require a wireless provider to enter into an agreement to implement this§ 27-444. Nothing in this subsection shall be construed to prohibit an agreement between the Township and a wireless provider to implement this § 27-444 if nondiscriminatory and entered into voluntarily.

Agreements. All agreements between the Township and wireless service providers that are in effect on the effective date of this § 27-444 shall remain in effect, subject to any termination provisions in the agreements. When an application is submitted after the effective date of this § 27-444, a wireless provider may elect to have the rates, fees, terms and conditions established under Chapter 13, Part 2 of the Code of Ordinances of Kelly Township apply to the small wireless facility or utility pole installed after the effective date of this § 27-444.

Rate or Fee Adjustments.

Structures and facilities deployed by a wireless provider under this § 27-444 shall be constructed, maintained and located in a manner as to not obstruct, endanger or hinder the usual travel or public safety on a right-of-way, damage or interfere with other utility facilities located within a right-of-way or interfere with the other utility's use of the utility's facilities located or to be located within the right-of-way.

The construction and maintenance of structures and facilities by the wireless provider shall comply with the 2017 National Electrical Safety Code and all applicable laws, ordinances and regulations for the protection of underground and overhead utility facilities.

An applicant or the applicant's affiliate shall ensure that a contractor or subcontractor performing construction, reconstruction, demolition, repair or maintenance work on a small wireless facility deployed under this § 27-444 meets and attests to all of the following requirements:

Obligations. Nothing in this § 27-444 shall be construed to impact, modify or supersede any construction standard, engineering practice, tariff provision, collective bargaining agreement, contractual obligation or right, federal of state law or regulation relating to facilities or equipment owned or controlled by an electric distribution company or its affiliate, a telecommunications carrier, an electric cooperative or an independent transmission company that is not a wireless provider.

Definitions. As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: