General repair or construction work during the hours 7:00 a.m. to 9:00 p.m., provided that the activities are permitted by Muhlenberg Township.

Household power tools and equipment during the hours of 7:00 a.m. to 9:00 p.m., provided that the activities are temporary.

Blasting, providing it is conducted in association with construction activities which have been permitted by local, state or federal agencies.

Alarms or other devices used for the purposes of alerting people to the existence of an actual emergency or to warn people of an imminent danger.

Municipal uses.

Routine noises made by bells, chimes, carillons utilized for religious, educational or civic use.

Licensed motor vehicles and authorized modes of transportation.

All gasoline pump dispensers shall be covered by a canopy and shall be illuminated by overhead lighting during non-daylight hours. Canopy lighting shall be located on the undersurface (ceiling) of the canopy and shall be limited to flush lens fixtures mounted on the canopy ceiling. Drop lens fixtures are prohibited. Up-lens lighting fixtures mounted on the canopy structure above the level of gas pumps are permitted if they have the effect of reducing glare from the lighting fixtures mounted on the canopy ceiling. Outdoor canopies include, but are not limited to, fuel island canopies associated with service stations and convenience stores and exterior canopies above storefronts. In no event shall any other lighting fixtures be located on or otherwise attached to or used to light a canopy or any area of the property adjacent to the canopy. Canopy lighting over fuel-dispensing positions shall not exceed an average of 35 maintained footcandles.

Lighting for parking areas shall provide an illumination level utilizing currently recommended standards of the Illuminating Engineering Society of North America, unless a more stringent standard is imposed as a condition of a conditional use approval granted by the Board of Commissioners under the circumstances of each application. Exterior lighting of the building is precluded, except as determined necessary by the Board for security. The Board of Commissioners may preclude any exterior lighting that in its judgment adversely affects adjoining properties.

In no case shall illumination exceed 0.5 footcandle measured at the property lines, except at driveway entrances, provided the illumination at the cartway center line of the contiguous street shall not exceed 1.0 footcandle, unless a more stringent standard is ordered by the Board under the circumstances of each application.

The single-family dwelling shall be serviced by public sanitary sewage facilities and public water supply facilities.

The internal facilities should be of adequate size to accommodate all of the children receiving care plus the occupants of the single-family dwelling. Common areas and facilities should be designated within the single-family dwelling.

The outdoor play area shall be located within the rear yard of the property and have sufficient size to accommodate six children at once. The designated outdoor play area shall be planted and maintained in grass or lawn and shall be enclosed with a continuous fence and self-latching gate with a height of four feet.

All designated internal and external areas for the family day-care facility shall be physically separated by a distance of 100 feet from any natural or man-made hazard, including swimming pools, stormwater detention facilities, surface waters, machinery, electric-generating and -transmitting equipment, streets, and other areas that may be considered hazardous to children.

The child day-care facility shall be serviced by public sanitary sewage facilities and public water supply facilities.

The internal facilities should be of adequate size to accommodate all of the children receiving care plus the occupants of the principal or secondary use. Common areas and facilities should be designated within the approved facility.

The outdoor play area shall be located within the rear yard of the property and have sufficient size to accommodate all of the children at the facility at once. The designated outdoor play area shall be planted and maintained in grass or lawn and shall be enclosed with a continuous fence and self-latching gate with a height of four feet.

All designated internal and external areas for the family day-care facility shall be physically separated by a distance of 100 feet from any natural or man-made hazard, including swimming pools, stormwater detention facilities, surface waters, machinery, electric-generating and -transmitting equipment, streets and other areas that may be considered hazardous to children.

The adult day-care facility shall be serviced by public sanitary sewage facilities and public water supply facilities.

The internal facilities should be of adequate size to accommodate all of the adults plus the occupants of the principal or secondary use. Common areas and facilities should be designated within the approved facility.

All outdoor facilities should be located within the rear yard of the property and be properly secured.

Unless otherwise permitted by Muhlenberg Township, the approved facilities shall not be utilized as a permanent or temporary residence by the employees and/or adults requiring care.

A preliminary utility plan showing how sanitary sewage disposal facilities, water supply facilities, electric, telephone, natural gas, cable and other utilities will service the site.

A preliminary landscaping plan showing how the buffer yards and other landscaping enhancements will be incorporated within the site.

A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements, the proposed ground elevations, stormwater management facilities, and other natural or man-made features of the site.

Architectural renderings of the proposed building elevations and plan views.

A preliminary lighting plan showing the location and intensity of the proposed lighting within the property to a point 50 feet beyond the perimeter of the property line. The proposed lighting for buildings, signs, accessways and parking areas shall be arranged so they do not reflect towards any public street or residential zoning districts.

A traffic impact study (TIS) shall be conducted in order to assess both existing and future transportation conditions and needs within 3,000 feet of the tract boundary (regional study area). The applicant shall consult with the Muhlenberg Township Engineer to confirm the limits of the regional study area.

An emergency management plan shall be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophe. The owner or manager of the mini mall, shopping center or shopping mall shall provide a copy of the emergency management plan to each tenant.

A preliminary utility plan showing how sanitary sewage disposal facilities, water supply facilities, electric, telephone, natural gas, cable and other utilities will service the site.

A preliminary landscaping plan showing how the buffer yards and other landscaping enhancements will be incorporated within the site.

A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements, the proposed ground elevations, stormwater management facilities, and other natural or man-made features of the site.

Architectural renderings of the proposed building elevations and plan views.

A preliminary lighting plan showing the location and intensity of the proposed lighting within the property to a point 50 feet beyond the perimeter of the property line. The proposed lighting for buildings, signs, accessways and parking areas shall be arranged so it does not reflect towards any public street or residential zoning districts.

A traffic impact study (TIS) shall be conducted in order to assess both existing and future transportation conditions and needs within 3,000 feet of the tract boundary (regional study area). The applicant shall consult with the Muhlenberg Township Engineer to confirm the limits of the regional study area.

The maximum number of fueling pumps shall be limited to 12 fuel pumps or 24 fueling positions.

The canopy covering the fuel pumps shall not exceed 20 feet from ground level at its highest point and shall be of a peak-roof design. The Zoning Hearing Board may permit a greater canopy height up to 30 feet, if the design of the canopy is considered as architectural enhancement.

All proposed fueling positions shall be located at least 50 feet from any property line, including the legal and ultimate right-of-way line.

The total area of the canopy shall not exceed 10,000 square feet. In addition, the canopy shall be considered as part of the building coverage calculations.

During non-daylight hours of operation, overhead lighting under the canopy shall illuminate all fueling positions. The canopy lighting shall be located on the undersurface (ceiling) of the canopy and shall be limited to flush lens fixtures mounted on the canopy ceiling. Drop lens fixtures shall be prohibited. Up-lens lighting fixtures mounted on the canopy structure above the level of gas pumps are permitted if they have the effect of reducing glare from the lighting fixtures mounted on the canopy ceiling. All such canopy lighting over fuel-dispensing positions shall not exceed an average of 35 maintained footcandles.

In no case shall illumination exceed 0.5 footcandle measured at the property lines, except at driveway entrances, provided the illumination at the cartway center line of the contiguous street shall not exceed 1.0 footcandle, unless a more stringent standard is ordered by the Board under the circumstances of each application.

All gasoline sales associated with a convenience store or mini market shall comply with the appropriate provisions of § 355-60 of this chapter of the Muhlenberg Township Code.

Gray water recycling and treatment equipment is incorporated as part of the facility operations. All such equipment shall include provisions for the collection of waste, grease, oil, soap, wax and other materials that cannot be recycled or utilized as part of the operations.

A stacking or pre-service lane, measuring at least 20 feet in width and 70 feet in length, shall be provided for each car washing bay or unit. Alternative designs may be accepted by the Zoning Hearing Board, provided that the design does not interfere with internal or external traffic patterns.

A post-washing drying area is provided for two vehicles per car-washing bay or unit.

All structures housing washing apparatuses shall be set back at least 50 feet from any property line, including the legal and ultimate right-of-way line.

A preliminary utility plan showing how sanitary sewage disposal facilities, water supply facilities, electric, telephone, natural gas, cable and other utilities will service the site.

A preliminary landscaping plan showing how the buffer yards and other landscaping enhancements will be incorporated within the site.

A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements, the proposed ground elevations, stormwater management facilities, and other natural or man-made features of the site.

Architectural renderings of the proposed building elevations and plan views.

A preliminary lighting plan, showing the location and intensity of the proposed lighting within the property to a point 50 feet beyond the perimeter of the property line. The proposed lighting for buildings, signs, accessways and parking areas shall be arranged so it does not reflect towards any public street or residential zoning districts.

A traffic impact study (TIS) shall be conducted in order to assess both existing and future transportation conditions and needs within 3,000 feet of the tract boundary (regional study area). The applicant shall consult with the Muhlenberg Township Engineer to confirm the limits of the regional study area.

An environmental impact assessment (EIA) report shall be conducted in accordance with the procedures and requirements specified by this chapter. At a minimum, the EIA report shall consider the adverse impacts of fuel spills, tank leaks, groundwater and surface water contamination, air quality, noise, lighting and other adverse impacts considered critical by the Zoning Hearing Board. The EIA report should identify how the potential adverse impact will be mitigated and/or prevented.

The minimum net lot area shall be one acre per lot.

The minimum lot width shall be 200 feet per lot.

The front-yard setback shall be at least 60 feet, as measured from the ultimate right-of-way line.

The side-yard setback shall be at least 30 feet for each side.

The rear-yard setback shall be at least 50 feet.

Each building occupying a permitted use shall be located at least 100 feet from an existing lot containing an existing residential use.

The maximum height of the buildings shall be no more than 50 feet.

The maximum building coverage shall be no more than 40% of the approved lot.

The maximum lot coverage shall be no more than 60% of the approved lot.

The ownership of office condominiums shall be under single ownership, partnership, corporation, or under a guaranteed unified management control. The office condominiums must have at least one on-site manager or a designated individual whose office is located within a reasonable distance of Muhlenberg Township, as determined appropriate by the Board of Commissioners. The owner shall provide Muhlenberg Township with a complete list of on-site managers or designated individuals on an annual basis. The list shall include the name, mailing address and telephone number of each on-site manager or each designated individual responsible for the daily operation of all uses within the office or nonresidential condominiums.

The owner or manager shall provide a complete list of tenants located within the office or nonresidential condominium on an annual basis. The list shall include the name of the tenant, business name, mailing address, telephone number, land use activity and scheduled hours of operation.

The minimum net lot area shall be one acre per lot.

The minimum lot width shall be 200 feet per lot.

The front-yard setback shall be at least 60 feet, as measured from the ultimate right-of-way line.

The side-yard setback shall be at least 30 feet for each side.

The rear-yard setback shall be at least 50 feet.

Each building occupying a permitted use shall be located at least 100 feet from an existing lot containing an existing residential use.

The maximum height of the buildings shall be no more than 50 feet.

The maximum building coverage shall be no more than 40% of the approved lot.

The maximum lot coverage shall be no more than 60% of the approved lot.

The ownership of office condominiums shall be under single ownership, partnership, corporation or under a guaranteed unified management control. The office condominiums must have at least one on-site manager or a designated individual whose office is located within a reasonable distance of Muhlenberg Township, as determined appropriate by the Board of Commissioners. The owner shall provide Muhlenberg Township with a complete list of on-site managers or designated individuals on an annual basis. The list shall include the name, mailing address and telephone number of each on-site manager or each designated individual responsible for the daily operation of the office or nonresidential condominiums.

The owner or manager shall provide a complete list of tenants located within office or nonresidential condominium on an annual basis. The list shall include the name of the tenant, business name, mailing address, telephone number, land use activity and scheduled hours of operation.

The minimum net lot area shall be three acres per lot.

The minimum lot width shall be 250 feet per lot.

The front-yard setback shall be at least 60 feet, as measured from the ultimate right-of-way line.

The side-yard setback shall be at least 40 feet for each side.

The rear-yard setback shall be at least 50 feet.

Each building occupying a permitted use shall be located at least 150 feet from an existing lot containing an existing residential use.

The maximum height of the buildings shall be no more than 75 feet.

The maximum building coverage shall be no more than 40% of the approved lot.

The maximum lot coverage shall be no more than 60% of the approved lot.

The ownership of office condominiums shall be under single ownership, partnership, corporation, or under a guaranteed unified management control. The office condominiums must have at least one on-site manager or a designated individual whose office is located within a reasonable distance of Muhlenberg Township, as determined appropriate by the Board of Commissioners. The owner shall provide Muhlenberg Township with a complete list of on-site managers or designated individuals on an annual basis. The list shall include the name, mailing address and telephone number of each on-site manager or each designated individual responsible for the daily operation of all uses within the office or nonresidential condominiums.

The owner or manager shall provide a complete list of tenants located within an office or nonresidential condominium on an annual basis. The list shall include the name of the tenant, business name, mailing address, telephone number, land use activity and scheduled hours of operation.

The minimum net lot area shall be one acre per lot.

The minimum lot width shall be 150 feet per lot.

The front-yard setback shall be at least 60 feet, as measured from the ultimate right-of-way line.

The side-yard setback shall be at least 40 feet for each side.

The rear-yard setback shall be at least 50 feet.

The maximum height of the buildings shall be no more than 35 feet.

The maximum building coverage shall be no more than 30% of the approved lot.

The maximum lot coverage shall be no more than 50% of the approved lot.

The proposed nature of the adult business or entertainment use.

Architectural renderings of the proposed building elevations and plan views.

The location and elevation of all buildings, structures, walls, fences and landscaping on the property.

Off-street parking areas, loading areas and traffic circulation patterns.

The location, dimensions and content of all signs, displays and advertising.

A land use survey of all uses located within a one-thousand-foot radius of the property.

The exterior of the building may include one wall sign or parallel sign identifying the name of the adult business or entertainment use, which shall not exceed 20 square feet in size.

Freestanding signs, banners, directional signs, illuminated signs, portable signs, roof signs, seasonal signs and billboards shall be prohibited on the property.

Window signs shall be limited to 25% of the total window area and shall not include any graphic or pictorial depiction of material related to specific sexual activities or anatomical areas.

Advertisements, displays or other promotional materials related to specific sexual activities or anatomical area shall not be shown or exhibited so as to be visible to the public from the exterior of the building.

The minimum lot width for the commercial campground shall be 300 feet.

The front-yard setback shall be at least 100 feet, as measured from the ultimate right-of-way line.

The side-yard setback shall be at least 100 feet for each side.

The rear-yard setback shall be at least 100 feet.

Common facilities and uses within the commercial campgrounds shall be located at least 200 feet from an existing lot containing an existing residential use.

The maximum height of the buildings shall be no more than 35 feet.

The maximum building coverage shall be no more than 25% of the approved parcel of land.

The maximum lot coverage shall be no more than 40% of the approved parcel of land.

The stacking or pre-service lane shall be at least 12 feet in width and 80 feet in length for a single service lane or bay.

The stacking or pre-service lanes shall be at least 12 feet in width and 60 feet in length for multiple service lanes or bays.

Alternative designs may be considered by the Board of Commissioners, provided that the design does not interfere with internal or external traffic patterns.

The professional hydrogeologist preparing the report shall certify that the commercial water resource use shall be supplied by a continuous safe daily yield which will not adversely affect the quantity or quality of the surface water and groundwater table within 2,000 feet of the source of extraction.

If appropriate, a dynamic recovery rate and draw-down tests shall be conducted by the professional hydrogeologist preparing the report to determine the maximum safe daily yield of the commercial water resource operations.

All such applications for the commercial water resource use shall demonstrate that the adjacent public and private water supply sources will not adversely be affected by discontinued use, contamination, loss of supply, or the ability to properly recharge over time.

The professional hydrogeologist preparing the report shall consult with the Muhlenberg Township Engineer and Zoning Officer prior to commencement of the background studies to determine if other conditions should be analyzed as part of the report.

The hydrological report, analysis and impact plan shall be subject to the review of the Muhlenberg Township Engineer or other professional consultant(s) qualified to render an opinion on the information submitted on behalf of the applicant.

The outdoor runs are conducted between the hours of 8:00 a.m. and 8:00 p.m.

The outdoor runs are conducted within a defined area which is completely enclosed by a six-foot-high fence. The perimeter of the fence shall be adequately screened with a ten-foot-wide landscaped buffer yard.

The location of the outdoor runs shall be at least 100 feet from all property lines.

The outdoor runs are conducted between the hours of 7:00 a.m. and 9:00 p.m.

The outdoor runs are conducted within a defined external area, which is completely enclosed by an eight-foot-high fence. The perimeter of the fence shall be adequately screened with a twenty-foot-wide landscaped buffer yard.

The location of the outdoor runs shall be located at least 100 feet from all property lines.

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services.

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communications and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations.

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way.

Address new wireless technologies, including but not limited to distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities.

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers.

Promote the health, safety and welfare of the Township's residents.

Permitted in all zones subject to regulations. Non-tower-based WCFs are permitted in all zones, subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

Nonconforming wireless support structures. A non-tower-based WCF shall be permitted to co-locate upon a nonconforming non-tower WCF structure and other nonconforming structures. Co-location of a WCF upon an existing tower-based WCF structure is encouraged even if the tower-based WCF structure is nonconforming as to use within a zoning district.

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

Wind and ice. All non-tower WCF structures shall be designed to withstand the effects of wind and ice accumulation according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronic Industries Association and Telecommunications Industry Association (ANSI/TIA-222, as amended).

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

Public safety communications. A non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.

Radio frequency emissions. A non-tower WCF shall not, 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 shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

Permit processing time frame. The timing of approval for applications shall be as follows:

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.

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 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.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

Reservation of rights. In accordance with applicable law and as set forth in more detail in subsequent design and development standards below, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to visual impact, design and safety standards.

Permit fees. The Township shall 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. Such WCF fees are listed under a fee service resolution which is updated by the Township Commissioners annually.

Submission of a zoning permit for the WCF antenna/equipment replacement.

Provision of a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing WCF tower to accommodate the added weight and wind load of the replacement WCF antenna/equipment.

Submission of a plan set and other information as appropriate to show proposed replacement work.

The removal and replacement of WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF.

Any material modification to a wireless support structure shall require notice to be provided to the Township and possible supplemental permit approval to the original permit or authorization.

The replacement WCFs shall comply with all applicable FCC and FAA regulations.

The replacement WCFs shall comply with all applicable building codes.

Permit required. WCF applicants proposing the modification of an existing tower-based WCF structure shall obtain a building permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

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

Application review time frames. Time frames for review of WCF co-location applications shall be as set forth under § 355-83B(1)(i) of this chapter.

Height variance. If a WCF co-location application proposes to substantially change the physical dimensions of the wireless support structure to which they are attached in a manner which would exceed the maximum tower height permitted under these regulations, the applicant will need to secure a variance for height from the Zoning Hearing Board. Any variance granted for increased tower height will also have to address the required increased safe fall zone.

Prohibited on certain structures. No non-tower WCFs shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

Conditional use authorization required. Any WCF applicant proposing the construction of a new non-tower WCF on an existing structure shall first obtain a conditional use authorization from the Township. New constructions, modifications, and replacements that do fall under the WBCA shall not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in this section.

Historic buildings. No non-tower WCFs may be located upon any property or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.

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 these WCF provisions. The WCF 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.

Permit fees. The Township shall 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.

Development regulations. Non-tower WCFs shall be co-located on existing buildings or other suitable structures, subject to the following conditions:

Design regulations.

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Co-location. Non-tower WCFs in the right-of-way shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCFs on existing poles or freestanding structures that do not already act as wireless support structures, with the Township's approval.

Design requirements.

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 right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[1]

Equipment location. Non-tower WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way, 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 right-of-way 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:

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

Notice. Upon submission of an application for a new tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

Conditional use authorization required. New tower-based WCFs are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system [see § 355-83C(2) of this chapter]. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the new tower-based WCF is the minimum height necessary for the service area.

Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a new tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or, at a minimum, be made as a condition attached to any approval given, such that the certification be provided prior to issuance of any building permits.

Visual appearance and land use compatibility. New tower-based WCFs shall employ stealth technology, which may include the tower portion to be painted silver or another color approved by the Board or have a galvanized finish. All tower-based WCFs and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Board of Commissioners shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Board of Commissioners finds that the wireless communications equipment planned for the proposed new tower-based WCF cannot be accommodated on an existing or approved structure or building or sited on land owned and maintained by Muhlenberg Township. The Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed; sought permission to install an antenna on those structures, buildings, and towers; and was denied for one of the following reasons:

Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Township. Nonroutine modifications shall be prohibited without a permit.

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

Additional antennas. As a condition of approval for all new tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on the new tower-based WCF where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval from the Township (zoning and building permits).

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

Height. Any new tower-based WCF shall be designed at the minimum functional height. The maximum total height of a new tower-based WCF, which is not located in the public right-of-way, shall not exceed 120 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.

Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area, housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the tower-based WCF.

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

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. A tower-based WCF shall not, 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.

Historic buildings or districts. A new tower-based WCF shall not be located upon a property that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Township.

Signs. All tower-based WCFs shall post a sign in a readily visible location, identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

Noise. A tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation safety. A tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.

Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the new tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF 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.

Timing of approval. Within 30 calendar days of the date that an application for a new tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application (i.e., the requirement for a conditional use approval from the Board of Commissioners). Upon submission to the Township of the additional required information, the Township shall, within 10 days, notify the applicant if the application is now complete. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the WCF applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the review period of 150 days.

Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.

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

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

FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower-based WCF for numerous factors, including but not limited to visual impact, design, and safety standards.

Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence, covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height 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 each tower-based WCF.

Indemnification. Each person that owns or operates a tower-based 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 tower-based WCF. Each person that owns or operates a tower-based WCF shall defend 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 tower-based 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.

Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Financial security. Prior to receipt of a zoning permit for the construction or placement of a new tower-based WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

Development regulations.

Design regulations.

Surrounding environs.

Fence/screen.

Accessory equipment.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a new tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Location and development standards.

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

Equipment location. A tower-based WCF and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In addition:

Design regulations.

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 tower-based WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Reimbursement for right-of-way use. In addition to permit fees as described in this section, every tower-based WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.