Adult uses shall be located a minimum of 1,000 feet from another existing adult use.

Adult uses shall be located a minimum of 500 feet from any residential district or use, religious use, educational use, day-care use, playground, or park.

Sign messages shall be limited to verbal description of materials or services and shall not include graphic or pictorial depiction of vulgar, obscene, or age-inappropriate language.

A description of the premises for which the approval is sought.

A statement of the intended use(s).

Hours of operation.

Type, size, and location of proposed sign(s).

No manure storage shall be established any closer than 100 feet from any property line, or 300 feet of the boundary of any property used and/or zoned for residential purposes.

Any farm building (other than a pigsty) shall be situated not less than 200 feet from any public road nor less than 30 feet from any side or rear boundary line of the farm or lot. No pigsty shall be located within 300 feet of any property line.

The height of structures designed for agricultural use may be increased to a maximum of 65 feet, provided that for every foot of height in excess of 35 feet, there shall be added to each yard requirement two feet of depth or width.

The sale of agricultural products shall only be permitted as an accessory use incidental to the principal agricultural use. A minimum of 50% of all agricultural products for sale shall be grown and produced on land owned or leased by the owner of the property on which they are being offered for sale.

Parking regulations, as established in Article XXIV. Parking spaces shall be located outside the road right-of-way.

Sign regulations, as established in Article XXV.

When the sale of agricultural products is conducted from a portable stand, the following conditions shall apply:

Permanent buildings may be used for the sale of agricultural products if they comply with all applicable setback requirements of the district in which they are located and the applicable requirements of this section.

A minimum lot frontage of 140 feet along one street, a lot depth of 150 feet and a minimum lot size of 35,000 square feet shall be provided.

All buildings shall be set back from all street rights-of-way by 40 feet; service islands shall be set back 50 feet from all street rights-of-way to allow for the width of a car on the street sideline.

All curb cuts for access driveways shall be not less than 25 feet nor more than 40 feet in width.

Except for access driveway openings, where the curb shall be depressed, a raised curb shall be provided along all street frontages.

All accessways and paved areas shall be constructed to Township road standards.

All permanently installed hydraulic hoists, pits and all lubricating, greasing, washing and repair equipment shall be entirely enclosed within the building.

All waste, used parts, and used tires shall be stored within a fenced area or building. Waste material and small used parts shall be stored in closed containers.

"No smoking" signs shall be posted in the service areas of the buildings and around gasoline pumps.

Any environmentally safe method of disposal of waste oils and other pollutants shall be provided.

Except for accessways, the first 10 feet in depth along all street frontages shall be green area. Not less than 10% of the total lot shall be green area.

Fire-protection equipment shall be present at all times. Included shall be ten-pound BC extinguisher units, located as follows:

No repairs may be performed outside of a building.

All provisions of Subsection A(2) through (6) and (9) through (12).

A conditional use application is required subject to the provisions of § 275-202 for any convenience store in excess of 4,000 square feet of gross floor area with fuel pumps.

All trash generated from a convenience store shall be stored in a completely-fenced-in or screened enclosure. Trash bins shall be subject to setback regulations for the district where the lot is located.

Parking shall be provided as required by Article XXIV.

All provisions of Subsection A(2) through (4) and (9) through (10).

A minimum lot frontage of 150 feet along one street, a lot depth of 250 feet and a minimum lot size of 40,000 square feet.

Connecting to public water and public sanitary sewers.

An ancillary accessway so that vehicles do not have to go through the washing facilities to reach the street exits.

All provisions of Subsection A(3) through (13).

A minimum lot frontage of 100 feet along one street, a lot depth of 150 feet and a minimum lot size of 35,000 square feet, with a front yard setback of 50 feet.

There shall be no storage or parking of vehicles awaiting servicing or repairs on public streets.

Major repairs of vehicles involved in accidents, body repair, painting and correction of structural members shall be inside of a building or fenced area.

All provisions of Subsection A(2) through (7) and (11) through (13).

A minimum lot frontage of 175 feet along one street, a lot depth of 200 feet and a minimum lot size of three acres.

A conditional use application is required subject to the provisions of Article XXVII for any junkyard or salvage yard.

Minimum lot size shall be as specified in the applicable district. The land area serving to meet the minimum lot size shall be undivided by streets, water bodies, or rights-of-way. No part of the operation shall be located within a Flood Hazard District or such that contaminants from the operation can seep or flow into a water body.

The area where junk and any other material is stored outside shall be enclosed with a wall or fence, at least eight feet in height, but no greater than 10 feet in height and which is designed and constructed so as to be at least 100% solid or opaque. A buffer planting strip shall be provided outside of the fence consistent with the requirements of § 275-133D.

Storage piles shall not exceed eight feet in height within 50 feet of the fence or wall line. Storage piles in the remaining areas shall not exceed 10 feet in height.

The portion of the tract serving as a junkyard shall be located on lands with less than 15% slope.

There shall be provided at least a sixteen-foot-wide accessway throughout the use which shall be clear and free at all times to provide for access to all parts of the premises for firefighting and other safety or emergency purposes. No more than two adjoining rows of junked cars shall be stored together. There shall be accessways between storage piles which are adequate to provide safety and emergency access as well as to provide firebreaks, as determined by the Township in talking with the Fire Marshal.

Waste generated by the junkyard operation shall be managed in accordance with all applicable Township ordinances and federal and state regulations, including the Solid Waste Management Act,[1] the Clean Streams Law,[2] and the Air Pollution Control Act[3] of the Commonwealth of Pennsylvania.

No material shall be burned on the premises. Each junkyard shall have available in proper working condition equipment that will control, contain, and suppress fires or other hazards.

No garbage or other organic waste liable to give off a foul odor or to attract vermin or insects shall be kept on the premises.

All junk, including tires, shall be stored or arranged to prevent accumulation of water. Outdoor storage shall be conducted to control mosquito propagation during warm weather. Controls may include use of tarps, indoor storage screens, or spraying.

Prior to issuing of a Township zoning permit, the applicant shall provide sufficient information for the Township to determine that all applicable federal, state, county, and Township requirements and regulations can be met by the proposed operation. Prior to the issuance of the permit, the applicant shall also provide evidence that all applicable conditions set by the Township Council during the conditional use approval process have been met. This includes that additional standards may be required in order to assure the compatibility of the junkyard with properties in the vicinity of the junkyard.

Purpose. It is the intent of this section to recite the purposes of permitting billboards as conditional uses in the SU-2 Special Use District and C-3 Regional Commercial District, subject to the area and bulk regulations and standards and criteria for approval of billboard conditional uses below and the general standards and criteria for approval of conditional uses in Article XXVII.

The purposes of permitting billboards are:

No billboard shall be located within the safe clear sight distance or safe stopping distance of a signalized intersection, which distance shall be determined in accordance with applicable Pennsylvania Department of Transportation standards, and no part of a billboard shall interfere with or obstruct vehicle traffic, travel or ingress and egress to a public street.

All billboards may be stationary and may utilize digital technology to produce static images which may be changeable. Billboards shall not scroll, flash or twinkle, feature motion pictures, moving images or moving lights, or have mechanical or animated movement.

Only one advertisement, display or message may appear on a billboard face at any one time. When a billboard has two sides, each of the two sides of a billboard may contain a separate advertisement.

Changes from one advertisement, display or message to another shall be in accordance with § 275-178F.

Each face of a billboard shall be demonstrated to be oriented toward the road upon which the billboard fronts or faces to cause the least visual impact upon neighboring properties.

The billboard shall not be used to advertise, display or otherwise direct attention to a product, activity, message or business within the SU-2 Special Use District or C-3 Regional Commercial District wherein the billboard is located, except where the advertisement, display, attention or message is not for the local product, activity, message or business but is part of an off-site regional or national campaign or program.

All billboards may be internally lit. No exterior lighting shall be permitted, except in connection with safety or maintenance and as approved by the Township. Illumination of billboard signs shall, at a minimum, follow the standards and requirements of the Illuminating Engineering Society of North America (IESNA) and shall be subject to review and approval by the Township.

Where billboards are visible from a residential district or use, the billboard shall be extinguished automatically by a form of programmable controller, with Eastern standard time and daylight saving time control and spring or battery outage reset, from 11:00 p.m. until dawn on the following day.

Billboards shall be freestanding and self-supporting. No part or portion of a billboard shall be attached or connected to any other building or structure. All utilities serving the billboard shall be located below the ground.

Billboards shall be properly and adequately secured to prevent unauthorized access.

Billboards, including support structures, shall be properly and regularly maintained and shall at all times be kept in safe and operational manner.

There shall be no objects or other structures attached to a billboard or its support structure, except as may be necessary for the proper and safe operation and maintenance of the billboard.

A permanent means of vehicular ingress and egress to the billboard lot shall be provided.

It shall be the burden of an applicant wishing to construct a billboard to demonstrate compliance with the requirements of this section, as well as those of Article XXVII.

The provisions of Chapter 210, Subdivision and Land Development, as amended, shall apply.

A bond, or other security acceptable to the Township, in form and amount satisfactory to the Township, shall be posted with the Township to ensure that the billboard will be properly removed upon termination of use for a period of one year.

Billboards shall require a building permit and related permits and shall be constructed in accordance with the applicable provisions of the Building Code of the Township of Middletown.[1]

To the extent of any conflict between the provisions of this section and any other section of the Zoning Ordinance, the provisions of this section shall be controlling as to billboards.

The minimum lot size for a billboard shall be 20,000 square feet.

Only one billboard shall be permitted on any one lot. The lot shall be free from all other buildings, structures and improvements, except those required for the operation, maintenance and security of the billboard.

The maximum height of the highest point of the billboard, including its supporting structure, shall not exceed 35 feet.

The minimum lot width at both the street line and the front yard setback line shall be 100 feet.

The minimum setback from the street line shall be 35 feet, and the minimum setback from all other property lines shall be 25 feet.

Billboards shall have no more than two display faces, neither of which may exceed 300 square feet. The display faces shall be back-to-back and shall not be more than four feet apart.

No billboard shall be located closer than 500 feet to any other billboard, as measured between the closest points of each billboard, including the supporting structure.

No billboard shall be located closer than 500 feet to any residential district.

An area which is on the sidewalk, patio or deck which directly abuts the restaurant, brewery pub or microbrewery building may be used for the purpose of furnishing food and beverages outside to the patrons of the restaurant.

The outdoor dining area must meet the setbacks for the zoning district where the restaurant, brewery pub or microbrewery is located and must be separated from all parking areas, streets or driveways by a barrier which is at least four feet in height and no higher than six feet in height. The barrier must prevent patrons of the restaurant, brewery pub or microbrewery from exiting directly onto the parking area, street or driveway adjacent to the outdoor dining area and instead must require the patrons of the restaurant, brewery pub or microbrewery to exit the outdoor dining area in a safe manner, either onto a sidewalk or through another means of ingress and egress. The barrier may be a fence, wall, or another suitable barrier which will prevent a hazardous condition and protect the health and safety of the outdoor diners from vehicular traffic on adjacent parking areas, streets or driveways.

Prior to serving food or beverages outdoors, the restaurant, brewery pub or microbrewery must obtain all necessary permits from all governmental and municipal agencies having jurisdiction, including but not limited to the Health Department and Liquor Control Board.

The area used for outdoor dining shall only be used for dining and may not be used for outdoor entertainment or amplified sound.

Minimum lot area: 10 acres.

Minimum lot width at building line: 400 feet.

Minimum lot width at street line: 300 feet.

Maximum total impervious surface area: 40%.

Maximum building coverage: 20%.

Minimum depth of each front and rear yard: 150 feet.

Minimum width of each side yard: 75 feet.

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

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

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

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

A commercially reasonable agreement could not be reached with the owners of such structures.

Minimum lot area: five acres.

Minimum lot width at building line: 200 feet.

Minimum lot width at street line: 150 feet.

Maximum total impervious surface area: 35%.

Maximum building coverage: 15%.

Minimum depth of each front and rear yard: 100 feet.

Minimum width of each side yard: 50 feet.

Day-care center, by conditional use and per § 275-148 and Subsection E.

Rectory, parsonage, or other lodging for minister, priest, rabbi, or other religious leader(s).

Cemetery, per § 275-143.

The applicant shall include a plan for outdoor recreation, which shall include appropriate screening and buffering from adjacent residential properties.

Student and child drop-off areas shall be designed to eliminate the need to cross traffic lanes within or adjacent to the site.

The applicant shall provide a parking plan which demonstrates that the proposed parking facilities are sufficient for the intended uses.

Minimum lot area: two acres.

Minimum lot width at building line: 200 feet.

Minimum lot width at street line: 200 feet.

Maximum total impervious surface area: 40%.

Maximum total building coverage: 20%.

Maximum building height: 35 feet.

Minimum depth of front yard: 35 feet.

Minimum depth of rear yard: 35 feet.

Minimum depth of side yard: 35 feet.

Minimum aggregate of the side yards: 75 feet.

Area and bulk.

Outdoor recreation areas shall not be located within the front yard and must be set back a minimum of 25 feet from all lot lines. Off-street parking areas shall not be utilized as recreation areas and shall be sufficiently screened to minimize disturbance of residential areas.

Except where separated by a minimum of 300 feet, outdoor recreation areas shall be screened from the view of adjacent residential uses, lots, or districts by means of a buffer planting strip.

Primary access shall be from an arterial or major collector road. When the use abuts other uses or lots, access shall be via a shared common accessway with those adjoining uses and lots so as to limit the number of street access point and potential vehicle and pedestrian movement conflicts.

All off-street parking facilities shall be in conformance with Article XXIV and setback a minimum of 25 feet and screened from adjacent lots.

The use shall have a cartway for dedicated vehicle movement and automobile and school bus stacking lanes for student drop-off/pickup that is sufficient for the type of educational use being developed. Interior circulation planning shall take into account the unique situation of an educational setting, including pedestrian, bicycle, and vehicle movements and automobile and school bus drop-off/pickup, waiting, and stacking areas. Stacking lanes and waiting areas shall be clearly marked and shall not be shared with parking circulation aisles or traffic flow or pedestrian circulation areas.

For any proposed educational use with an enrollment of 50 or more students, the applicant shall provide a traffic impact study. The traffic impact study shall analyze the traffic generation from the proposed use/development and its potential impact on the surrounding road system. An assessment and plan for the circulation of pedestrians and users within and near the proposed use and lot shall be included. Enrollment, for the purposes of this section, shall be defined as the largest number of students on the site at any one time during a seven-day time period.

The applicant shall demonstrate that all necessary approvals and permits from state and local agencies have been obtained.

These standards shall not apply to university facilities or home schooling in accordance with Pennsylvania Department of Education standards.

Promoting good forest stewardship;

Protecting the rights of adjoining property owners;

Minimizing the potential for adverse environmental impacts; and

Avoiding unreasonable and unnecessary restrictions on the right to practice forestry.

A zoning permit shall be required for all forestry activities, including timber harvesting, which shall be a permitted as a use by right in all zoning districts. The provisions of this chapter shall apply to all timber harvesting within the municipality where the value of the trees, logs, or other timber products removed exceeds $2,000. In addition, the following activities are specifically exempted from the permit requirement:

Notification of commencement or completion. For all forestry and timber harvesting operations that are expected to exceed one acre and not listed in § 275-151B hereof, the landowner shall notify the Township enforcement officer at least 10 business days before the operation commences and prior to release of financial security posted pursuant to § 275-151F hereof. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.

Forest management plan. Timber harvesting activities (except those activities exempted under § 275-151B hereof) shall be conducted pursuant to a forest management plan prepared by a person or entity recognized as qualified by the Pennsylvania Bureau of Forestry, a copy of which shall be provided to the Township with the application for a zoning use permit. The forest management plan shall include those items specified under § 275-151D hereof. Township shall determine the adequacy of the forest management plan with respect to the requirements of § 275-151D hereof. No timber harvesting shall occur until the forest management plan has been prepared and filed with the Township. The provisions of the plan shall be followed throughout the operation.

Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

Plan preparation. The forest management plan shall be prepared in accordance with silvicultural prescriptions and best management practices recognized by the Pennsylvania Bureau of Forestry and/or the DCNR. It shall incorporate provisions to assure sustainable forestry including provisions for the regeneration of the native hardwood forest by permitting specimen trees to remain to reseed the forest area, the removal of invasive and/or substandard trees and similar practices.

Minimum requirements for timber harvest operation. As a minimum, the plan for timber harvest operations shall include the following:

Map. Each forestry/logging plan shall include a site map containing the following information:

Compliance with state law. The forestry/logging plan shall address and comply with the requirements of all applicable state laws and regulations including, but not limited to, the following:

Compliance with federal law/regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the best management practices (BMPs) as set forth at 33 CFR 323.4(a)(6)(i) through (xv).

The following requirements shall apply to all forestry/timber harvesting operations in the Township.

Inspections. The Township Zoning Officer may go upon the site of any timber harvesting operation before, during or after active logging to:

Violation notices; suspensions. Upon finding that a forestry or timber harvesting operation is in violation of any provision of this chapter, the Township Zoning Officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken.

Penalties. Any landowner or operator who: violates any provision of this section, or who fails to comply with a notice of violation or suspension order issued under Subsection G(2) of this section, shall be subject to a fine of not less than $500, nor more than $1,000, plus costs and attorney's fees, in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. Each day of continued violation of any provision of this section shall constitute a separate offense.

Any operator who knowingly and willfully removes trees not designated for removal in the approved forest management plan or removes trees outside of the areas designated for removal by the forest management plan shall be subject to a civil penalty in the amount of $1,000 per tree removed in violation of the provisions of the forest management plan and this chapter.

Minimum lot area: two acres.

Minimum lot width at building line: 200 feet.

Minimum lot width at street line: 150 feet.

Maximum total impervious surface area: 35%.

Maximum building coverage: 15%.

Minimum depth of each front and rear yard: 100 feet.

Minimum width of each side yard: 100 feet.

Lot area: three-acre minimum.

Lot width at the street line/building line: 300 feet minimum.

Building coverage: 25% maximum.

Maximum impervious surface: 60%.

Front and rear yard setback: 75 feet minimum.

Side and rear yards: 75 feet minimum abutting residential districts and 50 feet minimum abutting nonresidential districts.

Maximum building height: 45 feet.

Eating and drinking establishments.

Indoor fitness facilities and/or swimming pools.

Meeting space utilized for conferences, conventions, banquets, receptions, and similar events.

Accessory uses except for eating and drinking establishments and meeting/conference/convention/banquet/reception facilities shall only be for the use of guests of the hotel/motel.

The minimum tract area shall be as specified in the applicable district.

The minimum aisle width between buildings shall be 20 feet.

Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.

No business activity other than leasing of storage units and the sale of packing materials incidental to the principal use shall be conducted on the premises.

Except as allowed in Subsection A(6), all storage shall be within enclosed buildings built of durable materials on a permanent foundation. Trailers, box cars, or similar impermanent or movable structures shall not be used for storage under this use.

Outdoor storage areas for this use shall comply with the following requirements:

The complex shall be surrounded by a security fence and landscaped screening.

This use shall not be located within a Flood Hazard District.

Architectural design regulations. These regulations are intended to ensure that the size, proportions, and design of new or substantially improved buildings are referential to the neighborhoods around warehouses, and create a pedestrian-friendly environment. The visual mass of all buildings shall be de-emphasized through the use of architectural elements, including building form, architectural features, materials and colors, in order to reduce their bulk and volume, to reduce their potential adverse visual impact, and to contribute to a more neighborhood-scale development.

Site design and landscape regulations.

Buffer area.

Berms.

Access and parking.

Off-street loading.

Other design standards and requirements.

Personal-care facilities/assisted-living facilities area and bulk requirements.

Personal-care facility/assisted-living facilities regulations.

No outdoor food preparation or storage, busing station or open outdoor trash receptacle shall be permitted.

The dining area shall not obstruct the use of any egress door or aisle, access lane or standpipe.

Outdoor dining is permitted between the hours of 7:00 a.m. and 11:00 p.m., except where the restaurant adjoins a residential use, in which case outdoor dining is permitted between the hours of 7:00 a.m. and 9:00 p.m.

Outdoor sound amplification systems are prohibited.

The outdoor dining area shall be subject to all Health Code provisions of the Township.

Alcoholic beverage service, properly licensed by the Commonwealth of Pennsylvania, is permitted only in conjunction with the service of food.

Portable heating devices with an open flame are prohibited.

The outdoor dining area shall be set back a minimum of 50 feet from any Residential Zoning District.

Outdoor dining is permitted from April 1 to October 31 only.

The lot upon which the residential group home is situated shall meet the minimum bulk and area requirements established in the zoning district for which the home is to be located. The residential group home shall not be maintained in an accessory building or unit.

Residential group homes shall be used and maintained as a single housekeeping unit with shared use of living areas, eating areas, bathrooms, and food preparation, and serving areas.

The maximum number of residents in the residential group home shall not exceed the number of occupants or residents permitted by the applicable Township Building Codes[1] or other state and federal regulations applicable to such homes. Sewage disposal and water supply facilities shall be sufficient to handle the anticipated loading created by the number of proposed residents and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or applicable requirements of the Middletown Township Sewer Authority.

Residential group homes shall, to the extent practicable, conform to the type and outward appearance of the residences in the area in which they are located. This provision shall in no way restrict the installation of any ramp or other special features required to serve residents of the home.

No signage other than that authorized under Article XXV shall be permitted, except as otherwise required by law.

In order to ensure the integration of the residential group home into a neighborhood and to ensure proper use, availability and regulation of emergency and other Township services, a residential group home shall be located no closer than 1,000 feet to another residential group home, measured on a straight-line radius from the property line so used, to the property to be used.

Off-street parking must be adequate to accommodate the needs of the residents and staff. At a minimum, the residential group home must meet the minimum requirements for the zoning district in which it is located.

Notwithstanding any provision of the Township Building Code,[2] the residential group home must maintain an automatic sprinkler system.

The residential group home shall obtain any and all permits or licenses required by county, state, or federal agencies prior to commencing occupancy of the home.

The residential group home shall provide the Township, in writing, the following prior to commencing occupancy of the home: the location of the home, the individual(s) responsible for operation or maintenance of the home and/or appropriate emergency contact personnel and a summary of the specialized treatment/care provided to the residents of the home as may be necessary to aid Township emergency service personnel in the event of an emergency. The owner of the property or operator of the home shall update the information required herein within five business days of any change thereof.

Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zoning districts subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

Prohibited on certain structures. Non-tower WCFs shall not be located on single-family detached residences, multifamily dwellings, single-family attached residences, or any accessory residential structures.

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

Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot which is in residential use or is zoned residential.

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

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

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

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

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

Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information is requested by the Township to complete an application, the time between the request and the date the material is produced shall be excluded in calculating the Township's ninety-day review period.

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF.

Insurance. Each person that owns or operates a non-tower 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 non-tower WCF. The Township shall be named as an additional insured on the certificate of insurance.

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend, at his, her, or its own expense, any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

Prohibited on certain structures. Non-tower WCFs shall not be located on single-family detached residences, multifamily dwellings, single-family attached residences, or any residential accessory structures.

Permit required. Any applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a commercial building permit from the Township office. New construction and modifications shall be prohibited without a permit. After receipt of the commercial building application, the Township Zoning Officer shall determine whether zoning relief is necessary under the Township Code.

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

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

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

Historic buildings. No non-tower WCF may be located on or near a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures list maintained by the Township.

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

Maintenance. The following maintenance requirements shall apply:

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

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

Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information is requested by the Township to complete an application, the time between the request and the date the material is produced shall be excluded in calculating the ninety-day review period.

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 WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this article. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Bond. Prior to the issuance of a permit, the owner of a non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in the amount of $35,000 to assure the faithful performance of the terms and conditions of this article. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages as well as expert fees, counsel fees and costs, incurred by the Township for violations of this article, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.

The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:

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

Design requirements:

Reimbursement for ROW use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviews, inspections, permitting, supervision and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township at its first public meeting each January and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.

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

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

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

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

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

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