Minimum lot area for a mobile home park: three acres.

Maximum density: six units per acre of base site area.

Required open space: 10% of base site area.

Maximum impervious surface ratio: 60%.[1]

Removal of diseased or dead trees.

Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.

Design, construction, maintenance of the access system, including haul roads, skid roads, skid trails and landings;

Design, construction and maintenance of stream and wetland crossings; and

The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;

Copies of all required permits shall be submitted;

Proof of current general liability and/or worker's compensation insurance;

Proof of PennDOT highway occupancy permit or Borough driveway permit for temporary access, as applicable;

Copy of Bucks County Conservation District letter of adequacy for the proposed erosion control facilities, including associated plans, reports and other permits as required;

Map showing site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;

Significant topographic features related to potential environmental problems;

Location of all earth disturbance activities, such as roads, landings and water control measures and structures;

Location of all crossings of streams or waters of the commonwealth.

Erosion and sedimentation control regulations contained in 25 Pa. Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);

Stream crossing and wetlands protection regulations contained in 25 Pa. Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and

Stormwater management plans and regulations issued pursuant to the Storm Water Management Act (32 P.S. § 680.1 et seq.)

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).

Compliance with Borough ordinances. The forestry/logging plan shall comply with the requirements § 550-22D of this chapter, which limits removal of trees to 50% of the wooded area.

Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

No forestry refuse shall be left on or within 25 feet of any public thoroughfare.

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

Any soil, stones and/or debris carried onto public roadways must be removed immediately.

No forestry/logging use shall be permitted within areas with slopes of 15% or greater.

When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours and be seeded and mulched as necessary to establish stable ground cover.

A no-logging buffer zone with a width of 25 feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a no-logging buffer zone except as necessary for access to site from the street.

A no-logging riparian buffer zone with a width of 50 feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging, or timber harvest operation is to be conducted. The buffer shall be measured from the high-water mark of the watercourse or canal. No trees shall be cut, removed, skidded, or transported in a no-logging riparian buffer zone.

Minimum lot area: 40,000 square feet.

Minimum lot width along all streets: 200 feet.

Minimum distance between all buildings and structures and any residential district or use: 100 feet.

Entrances and exits shall be located to minimize pedestrian/vehicle conflicts.

Vehicle staging areas shall accommodate the required queuing within the parking structure or within the property line and shall not interfere with through traffic or pedestrian circulation on the sidewalk.

Sidewalks shall take priority over entrance and exit driveways. Driveways shall ramp up from the curb to meet the sidewalk. The sidewalk shall not ramp down to meet a driveway.

A well-defined primary pedestrian entrance shall be located along the periphery of the parking structure adjacent to and oriented toward the elevators, if provided, and at least one stair.

ADA-accessible parking spaces shall be located close to stair and elevator cores, and shall have safe access to pedestrian movement patterns within the parking structure and to its exits and entrances.

Pedestrian and vehicular conflicts within the parking structure at the points of intersection and interior common routes shall be minimized. Pedestrian walkways shall be clearly indicated.

Bicycle entry into the parking structure shall be separated from the vehicle entrance to minimize conflicts with vehicles and entrance control equipment. Bicycle parking shall be located in a visible location near the entrance within the parking structure and should minimize conflicts between bicycle and vehicle movement. Informational graphics, signs and/or other deterrents shall be provided to caution against bicycle riding into and within the parking structure.

A parking structure shall incorporate similar scale, massing, setback and height consistent with existing buildings located adjacent to or within the same block.

A parking structure shall have a distinct base, middle and top. Each level shall be delineated through the use of belt courses, cornice lines, wall openings, or other forms of architectural detailing.

Blank surface planes and walls without openings shall not be permitted along parking structure frontages visible to the public. Where solid walls are required by building codes, they shall be articulated by providing minor recesses or projections in building surfaces (i.e., to emulate window rhythm of nearby existing buildings).

Building materials shall be similar to those of surrounding structures or possess other characteristics such as scale, form, color and architectural detailing to establish compatibility. These features shall be continued on all elevations visible to the public.

The facade of a parking structure shall be divided into distinct sections consistent with the modulation of nearby existing buildings, but no longer than 75 feet per section. Vertical divisions may be achieved through the use of pilasters, piers, panels, or other recesses and projections.

Horizontal and vertical architectural detailing and articulation shall be an integral part of the structure based on the intended design. Superficially applied construction elements or miscellaneous decorative trim on exterior surfaces shall not be permitted.

The street/ground level perimeter of a parking structure shall be pedestrian-oriented and include elements that encourage public activity and interest, such as retail shops, public alcoves, streetscape amenities, public art and landscaping. Retail spaces may incorporate display windows, awnings, canopies and recessed entrance doors to enhance public use.

Parking space sizes and configurations, drive aisle widths, parking deck and ramp properties and other interior features and functions shall be in accordance with National Parking Association (NPA) design guidelines and recommendations. Any Newtown Borough ordinance establishing dimensional requirements for surface lot spaces shall not apply to parking spaces within a parking structure.

On parking levels, the exterior facade shall maintain a horizontal line throughout. If parking decks are sloped, the incline shall not transmit visually to the facade. If parking decks are horizontal, level-to-level ramping shall be internal and configured as a straight run or spiral and shall not be visible along the exterior of the parking structure.

Passive daylighting and ventilation shall be provided to the extent possible. Light and fresh-air openings in the parking structure facade shall be proportioned to reflect similar features of nearby existing buildings.

Interior lighting shall meet guidelines set forth by the Illuminating Engineering Society of North America (IESNA) and be designed so that drivers, bicyclists and pedestrians are not startled by significant and distracting contrasts in light levels between the inside and outside of the parking structure.

A single bicycle parking space shall be provided for every 10 vehicle parking spaces.

Exterior wall openings at each intermediate parking level shall adequately shield rights-of-way and neighboring properties from view of parked and moving vehicles within the parking structure. The sill and head height of wall openings shall minimize light being cast by interior light fixtures and vehicle lighting through the exterior wall openings of the parking structure.

The upper parking level shall be surrounded by a solid parapet wall designed and constructed of materials to complement the floor levels below and the tops of nearby existing buildings. Metal railing assemblies with solid, perforated, cable, or mesh panels shall not be permitted.

Exterior lighting shall meet guidelines set forth by the Illuminating Engineering Society of North America (IESNA). Glare and visibility of pole-mounted light fixtures on the upper parking level shall be minimized by specifying cutoff fixtures and pole heights. Fixtures shall be located between internal parking rows rather than at the exterior to minimize light trespass beyond the parking structure's perimeter.

In addition to signs required by governing codes and standards, directional and informational signs shall be provided for drivers, bicyclists and pedestrians throughout the parking structure.

Pedestrians and bicycles may share a common entrance into the parking structure.

Dedicated parking spaces for a membership- or rental-based shared vehicle program should be considered in planning the parking structure.

Dedicated parking spaces for electric vehicle charging stations should be considered in planning the parking structure.

Loading areas within the parking structure may be provided for vanpools/carpools for picking up or discharging passengers who have parked vehicles in the parking structure.

Exterior wall openings may be furnished with metal grillwork or ventilation louvers having mullion/muntin patterning that simulates the existing window detailing of adjacent structures.

Parapet wall capping and elevator and stair enclosure rooflines may be pitched or otherwise styled to complement the rooflines of nearby existing buildings. A shaft wall on the same exterior plane as a parapet wall may extend its full height along a single section of exterior wall, as described in Subsection B(29)(c)[5] above.

The maximum height from mean grade level to the upper parking level driving surface shall be 33 feet.

Parapet wall height measured from mean grade level to its top shall range from 37 feet to a maximum of 40 feet. Parapet wall height may extend to the height of elevator and stair shaft walls in compliance with Subsection B(29)(c)[6] above.

The maximum roof height of elevator and stair enclosures shall be 48 feet, when measured from mean grade level to the highest point of a roof.

Total roof area of elevator and stair enclosures shall not exceed 5% of the area of the upper parking level.

All parking levels, elevators and stairs shall be illuminated by both natural light and lighting fixtures. If interior walls are provided, openings in these walls shall be maximized to reduce blind spots and increase visibility throughout the parking structure.

Visibility of pedestrian movement in elevator and stair enclosures should be considered as a method of passive security and to provide pedestrians a sense of safety.

Lighting shall be designed as required for sufficient security. Lighting shall be uniform throughout the parking structure so that dark hiding places are not created. Light colored ceilings and walls are recommended to increase overall light levels.

Active security measures, such as sound detection equipment and/or video surveillance systems, should be considered in planning the overall security aspects of the parking structure.

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.

Wind. Any tower-based 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 (ANSFEINTIA-222-E Code, as amended).

Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure.

Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, 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. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure or has been designated as being of historic significance in the Newtown Borough Comprehensive Plan, or is located within the Historic District, as defined by this chapter.

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

Lighting. Tower-based WCF shall not be artificially lighted, except as required by law and as may be approved by the Borough. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough 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. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough 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 Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.

Conditional use. Tower-based WCF shall be permitted by conditional use in all nonresidential zoning districts, subject to the applicant's demonstration that it meets the following standards, in addition to the requirements for tower-based WCFs set forth in this chapter:

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough'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 tower-based WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Borough shall advise the applicant, in writing, of its decision. If additional information is requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150 day review period.

Prohibited in certain zones. No tower-based WCF shall be located in residential districts or within 500 feet of a lot in residential use or a residential district boundary.

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

Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

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

Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.

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

Design regulations.

Fence/screen:

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

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW 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 Borough Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.

Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough 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.

Prohibited in certain zones. No tower-based WCF shall be located in Residential Districts or within 500 feet of a lot in residential use or a residential district boundary.

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

Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.

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

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[9]

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

Design regulations.

Visual or land use impact. The Borough reserves the right to deny the construction or placement of any tower-based WCF in the ROW based upon visual and/or land use impact.

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

Compensation for ROW use. In addition to permit fees as described in section, every tower-based WCF in the ROW is subject to the Borough'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 Borough's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Borough and authorized by resolution of Borough Council and shall be based on the Borough's actual ROW management costs as applied to such tower-based WCF.

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF in the ROW 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 Borough Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

Standard of care. Any nontower 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 Borough.

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

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

Radio frequency emissions. No nontower 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.

Notice. Upon submission of an application for any non-tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.

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

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

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

Historic buildings. Nontower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure or has been designated as being of historic significance, or is located within the Historic District, as defined in the Newtown Borough Zoning Map.

Maintenance. The following maintenance requirements shall apply:

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough 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 section. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough'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 each individual nontower 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 Borough Solicitor, in an amount of $25,000, for each individual nontower WCF, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

Development regulations. Nontower WCFs shall be co-located on existing structures such as existing buildings or tower-based WCFs subject to the following conditions:

Design regulations.

Removal, replacement, modification.

Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any nontower WCF based upon visual and/or land use impact.

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough 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. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

Design requirements.

Compensation for ROW use. In addition to permit fees as described above, every nontower WCF in the ROW is subject to the Borough'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 Borough's actual ROW management costs including, but not limited to the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each nontower WCF shall pay an annual fee to the Borough to compensate the Borough for its costs incurred in connection with the activities described above. The annual ROW management fee for nontower WCFs shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such nontower WCF.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower 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 Borough and the requirements of the Public Utility Code.[10]

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

Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough 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 Borough, 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 Borough retains the right to deny an application for the construction or placement of a nontower WCF based upon visual and/or land use impact.

Permitted use. Deployment of small cell infrastructure through the installation of small wireless facilities in the ROW shall be a permitted use in all areas of the Borough.

Right of access. A wireless provider shall be authorized to access the ROW and municipal poles, as follows:

Fee for use of ROW. The owner of a small wireless facility located within the ROW shall pay an annual fee to the Borough in the amount of $270 per site, per year, for ROW use and occupancy. In the event that the Borough's ROW management costs exceed $270 per site, per year, the Borough shall be compensated based upon the Borough's actual costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Borough.

Height limits. Each new or modified small wireless facility installed in the ROW shall be installed on an existing utility pole or a new utility pole subject to the following:

Historic District and historic buildings. Any small wireless facilities located in the Historic District on an historic building or structure shall be required to employ appropriate concealment measures. Materials used for concealment shall not be considered a part of the small wireless facility for purposes of the size restrictions of small wireless facilities.

Design guidelines. The Borough may adopt design guidelines for small wireless facilities. Such guidelines shall be established by resolution, and shall be based upon objective, technically feasible criteria and applied in a nondiscriminatory manner. The intent of the design guidelines shall be to reasonably match the aesthetics and character of the immediate area. The design guidelines may include examples of preferred materials and techniques, including visual depictions. The Borough shall have authority to update or supplement the design guidelines by resolution, to address relevant changes in law, technology, or administrative processes. Notwithstanding any additional design guidelines adopted by the Borough, the following general guidance is offered:

Make-ready work. If make-ready work is required, the Borough shall provide a good faith estimate for the work necessary to enable the municipal pole to support the requested collocation by a wireless provider, including pole replacement if necessary, within 60 days after receipt of a complete application. Fees for make-ready work on an existing, nonreplacement municipal pole shall not include costs related to preexisting or prior damage or noncompliance. Fees for make-ready work, including replacement, shall not exceed actual costs or the amount charged to other similarly situated communications service providers for similar work and shall not include any consultant fees or expenses that are charged on a contingency basis. Make-ready work shall only include work that is necessary to meet applicable codes or industry standards. Replacement of the municipal pole shall only be required if collocation would make the municipal pole structurally unsound. Make-ready work, including pole replacement, shall be completed within 60 days of written acceptance of the estimate by the applicant.

General requirements for use of ROW. The following requirements apply:

Obligation to repair ROW. A wireless provider shall be obligated to repair all damage to the ROW or any other land that is directly caused by the activities of the wireless provider or the wireless provider's contractors. The wireless provider shall be obligated to return the ROW in as good of condition as it existed prior to any work being done. If the wireless provider fails to make required repairs within 30 days after written notice, the Borough may perform those repairs and charge the wireless provider the reasonable, documented cost of the repairs plus a penalty not to exceed $500. Failure to remit payment of such costs and penalties shall render the applicant ineligible to receive any new permit from the Borough until payment in full is received. In the event that repair of the ROW is in dispute, payment of such costs and penalties may be deposited in escrow to avoid a disruption in eligibility to receive new permits.

Indemnification. Unless a wireless provider is a party to an existing agreement to occupy and operate in the ROW, a wireless provider shall fully indemnify and hold the Borough and its officers, employees and agents harmless against any claims, lawsuits, judgments, costs, liens, expenses or fees or any other damages caused by the act, error or omission of the wireless provider or its officers, agents, employees, directors, contractors or subcontractors while installing, repairing or maintaining small wireless facilities or utility poles within the ROW. Such indemnification shall not apply to an act of negligence or willful misconduct by the Borough, its elected and appointed officials, employees and agents.

Application. A wireless provider seeking to install, modify or replace small wireless facilities or utility poles with small wireless facilities attached within the ROW shall submit a permit application for review by the Borough. The following standards shall apply:

Application fee. An applicant shall be required to pay a one-time application fee as follows:

Submission requirements. A wireless provider seeking to install, modify or replace small wireless facilities or utility poles with small wireless facilities attached shall submit:

Approval of application. Approval of an application shall authorize the applicant to do the following within the ROW, subject to permit requirements and the applicant's right to terminate:

Denial of application. In the event of a denial, the Borough shall document the basis for a denial, including the specific provisions of applicable codes on which the denial was based, and send the documentation to the applicant within five business days of the denial. An application may only be denied for one or more of the following reasons:

Resubmission following denial. An applicant may cure the deficiencies in a denied application and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall approve or deny the revised application within 30 days of the application being resubmitted for review or the resubmitted application shall be deemed approved 30 days after resubmission. Any subsequent review shall be limited to the deficiencies cited in the denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the Borough shall have an additional 15 days to review the resubmitted application and may charge an additional fee for the review.

Consolidated applications. An applicant seeking to collocate within the Borough shall be permitted, at the applicant's discretion, to file a consolidated application for collocation of multiple small wireless facilities as follows:

Permits required. An applicant is required to obtain a permit to perform any of the following activities within the ROW:

Permit processing deadlines following deemed approval. A permit associated with an application deemed approved under this subsection shall be deemed approved if the municipality fails to approve or deny the permit within seven business days after the date of filing the permit application with the municipality unless there is a public safety reason for the delay.

Permit expiration. The proposed collocation, the modification or replacement of a utility pole, or the installation of a new utility pole with small wireless facilities attached for which a permit is granted shall be completed within one year of the permit issuance date, unless the Borough and the applicant agree in writing to extend the period during which the permit is valid. Within 90 days of the end of a permit term or an extension of the permit term, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole.

Permit suspension or revocation. The Borough may suspend or revoke a permit for noncompliance with an applicable code, law or regulation. Within 60 days of suspension or revocation of a permit, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole, after receiving adequate notice and an opportunity to cure any noncompliance.

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.

The 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 and/or fields.

A commercially reasonable agreement could not be reached with the owner of such structures. Applicant shall provide written reports or evidence that a good faith effort was made and that co-location was not possible.

The home office shall be accessory to a residence and carried on wholly indoors. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

There shall be no use of show windows, displays, or advertising visible outside the premises; there shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.

There shall be no exterior storage of materials or parking of commercial vehicles.

The appearance of the residential structure shall not be altered. The home occupation must be conducted in a manner which does not cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, parking, show windows or advertising visible outside the premises to attract customers or clients.

The home office shall be operated only by members of the immediate family residing in the dwelling in which the home office is located.

The floor area devoted to a home office shall not be more than 25% of the floor area of the habitable floor area of the principal residential structure.

The use shall not include the following: animal hospital; commercial stable and kennel; funeral parlor and undertaking establishment; restaurant; rooming house, boardinghouse, and lodging house; clinic or hospital, beauty shop or barbershop, nursing home/personal care facility or any retail activity.

No equipment or process shall be used in such employment or occupation which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television or telephone receiver off the lot or causes fluctuations in line voltage off the lot. The business may not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with residential use.

No home office shall be located in an area needed to meet the off-street parking requirements of the principal residence.

No signs are permitted, other than what which would be allowed for a residential use.

The business may not involve any illegal activity.

The regulations listed for Type 1, no-impact home based business, shall be met, except as modified below.

In addition to the members of the immediate family residing in the dwelling, no more than one employee may be employed in an accessory office at any one time.[12]

An accessory office shall be permitted only by special exception.

Parking areas shall be located only to the side or rear of the principal building and may not be located in any portion of the front yard, and shall be separated from adjacent properties by a five-foot-wide buffer yard planted with a combination of trees and shrubs so as to screen the view of the parking area from adjacent properties, planted in accordance with § 550-20 of this chapter.

The area devoted to the permitted home occupation shall be located within either the operator's dwelling or a building accessory thereto, and such area, together with any area devoted to any other home occupation permitted under this section, shall be equivalent to not more than 25% of the total floor area contained in the operator's dwelling, excluding the floor area covered by an attached garage or such other similar building.

Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator residing on the premises.

A home occupation shall not in any way alter the residential character of the neighborhood.

There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises. There shall be no external indications that the property is used for other than residential use. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

Total number of clients permitted at a single time: 3.

A family day care use shall only be permitted as an accessory use in a single-family detached dwelling.

The owner and operator of a family day care use must obtain a registration certificate from or be licensed by the Pennsylvania Department of Public Welfare. Failure to maintain the registration or license as required shall result in a termination of the special exception approving the use, and it shall be the affirmative obligation of the owner and operator of a family day care use to provide, annually, proof to the Borough that the registration certificate or license is valid for each year.

A family day care use must be located in a residence that has frontage on a public street and the operation of the family day care use must be conducted in a manner so as not to obstruct the normal flow of traffic. Where necessary to provide for safe transfer of children to and from the facility, the Borough may require additional off-street parking and driveway area as a condition of the grant of any approvals.

Persons engaged in a family day care use shall be limited to the members of the household of the operator residing on the premises plus one additional employee.

The home occupation shall not in any way alter the character of the neighborhood.

There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

Off-street parking shall be provided for any employee. If a parking area is required, it shall be located only to the side or rear of the principal building and may not be located in any portion of the front yard, and shall be separated from adjacent properties by a five-foot-wide buffer yard planted with a combination of trees and shrubs so as to screen the view of the parking area from adjacent properties, planted in accordance with § 550-20 of this chapter.

Outdoor play areas shall be defined and fenced.

Maximum height for any fence or wall or combination of a fence and wall: four feet in any part of a front yard; six feet in side or rear yards.

No fences or walls may be placed in the right-of-way or in drainage easements or swales but may occupy required yard areas.

If there is an unfinished side to a fence, the finished side must face out toward adjoining properties or the street and the unfinished side must face inward toward the lot being fenced.

Minimum setback for fences is zero feet; minimum setback for walls is zero feet.

One detached garage or carport for the parking of motor vehicles is permitted per residential lot.

Required setbacks from lot lines for buildings or structures with a floor area 150 square feet or less:

Required setbacks from lot lines for buildings or structures with a floor area of 151 to 400 square feet:

Required setbacks from lot lines for buildings or structures with a floor area of more than 400 square feet shall be the same as the setback requirements for principal buildings in the district in which the building or structure is located.

Maximum height of any accessory structure: 20 feet.

No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 18 inches at the deepest or lowest point or exceeding a surface area of 150 square feet unless a permit is first obtained from the Borough and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools that do not exceed 18 inches in depth or a surface area of 150 square feet are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected or used for the purpose of bathing or swimming, and all buildings, equipment, and appurtenances thereto. This chapter shall also apply to public swimming pools used and maintained by an individual, firm, corporation, club or association of persons for use by the public or members and their invitees or guests.

The building area restrictions as set forth for the pertinent zoning districts in this chapter shall apply and in addition thereto, each such pool area and the paving or coping surrounding it or associated with it shall not be located closer to the street than the front building setback line and not closer than 10 feet to any other property line.

Building permits are required prior to the construction, alteration, remodeling, or additions to a swimming pool or other artificial water areas not specifically exempt from this chapter. Application for a permit for the construction of a swimming pool shall be made to the Borough. The location of the pool on the property and with respect to adjoining property and street lines shall be shown, together with the location, height, and type of fencing or walls or protective equipment and accessory buildings. No permit for a private or public swimming pool shall be issued until the plans, specifications and plot plans have been approved by the Zoning Officer for compliance with this chapter and the Borough Building Code.

Safety. Any pool or water area subject thereto shall be designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.

Sanitary quality of water in public pools. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania, Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this chapter.

Accessory buildings. Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incidental to the operation of any public swimming pool shall be kept in a sanitary condition at all times and shall otherwise comply with the Borough ordinances, rules and regulations.

Construction and maintenance. The construction and design of all pools shall be such that the pool can be maintained and operated as to be clean and sanitary at all times. The owners of every pool shall be responsible to maintain the pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Health Department.

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.

All electrical work connected with the pool and all equipment incidental thereto shall comply with all underwriters' laboratory regulations and must be inspected and certified by an electrical underwriters inspection agency prior to the issuance of a certificate of occupancy. In no event may said pool be used prior to such approval.

If pools are connected to any water, sewer, or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.

Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.

In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. It shall be a violation of this chapter to cause or allow drainage onto adjoining land, public or private.

No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

No water shall be placed in the pool until a fence, as required by this chapter, has been completed.

All pools shall be constructed and secured with fencing in accordance with the Building Code, as amended, as most recently enacted by the Borough.

Fencing. Permanent swimming pools above or below grade must be completely enclosed with a minimum four-foot-high chain link, stockade, picket (not exceeding three-inch spacing), solid wooden fence, building wall, or such other material as may be acceptable, at the discretion of the Building Inspector, to carry out the intent of this chapter. All gates or doors opening through such enclosure shall be kept securely closed and locked at all times when the pool is not in actual use, and locks or latches shall be placed so as to be inaccessible to children. All other Building Code requirements for the securing and fencing of pools shall be followed.

The owner of any swimming pools shall allow the Borough Building Inspector, Zoning Officer, or other authorized official access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter at all reasonable times.

No antenna shall be located within a required front, side or rear yard, unless an acceptable signal is unobtainable elsewhere on the lot.

No antenna shall be permitted in the required front yard area or in front of the principal dwelling.

The diameter of the antenna shall not exceed nine feet.

When separately supported, the total height of the antenna shall not exceed 10 feet. Amateur radio service antennas shall not exceed 65 feet above ground level.

Roof mounting is not recommended. If roof mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot and shall not project above the ridge line of the roof. No roof-mounted antenna shall exceed three feet in diameter.

No more than one dish antenna shall be permitted on any lot.

When not roof mounted, the antenna shall be screened by staggered plantings of evergreens that present a solid visual barrier to adjoining properties.

Historic District requirements. In addition to the requirements in Subsection C(10)(a)[1] through [7], all proposals for dish antennas within the Historic District shall demonstrate to the satisfaction of Borough Council, upon recommendation by the Historic Architectural Review Board, that the antenna will not be visible from any public street in the historic district and that its size, location, and type of screening will not be designed or located in such as way as to impinge on or diminish the historic values of the District, homes, businesses, or other historic structures within the Historic District.

No antenna shall be located within a required front, side or rear yard.

The diameter of a dish antenna shall not exceed nine feet.

The maximum height of a ground-mounted antenna shall be 10 feet, 65 feet above ground level for amateur radio service antennas, and the antenna shall be screened by staggered plantings of evergreens to present a solid visual barrier.

Roof-mounted dish antennas shall not exceed three feet in diameter unless they are totally screened from view from surrounding properties and streets. Dish antennas shall not be mounted on chimneys.

Historic District requirements. In addition to the requirements in Subsection C(10)(b)[1] through [4], all proposals for dish antennas within the Historic District shall demonstrate to the satisfaction of Borough Council, upon recommendation by the Historic Architectural Review Board, that the antenna will not be visible from any public street in the Historic District and that its size, location, and type of screening will not be designed or located in such as way as to impinge on or diminish the historic values of the district, homes, businesses, or other historic structures within the Historic District.

No outdoor eating or food service shall be permitted within the right-of-way of any street or within the sidewalk area.

All outdoor eating areas shall be located a minimum of 25 feet from a side or rear property line where the restaurant lot abuts or is adjacent to either a residential zoning district or a lot used as a residence, even if said lot is not located within a residential district; provided, however, that this requirement will not apply to a restaurant which abuts or is adjacent to the use identified "dwelling in combination with a business," as provided in § 550-14C(9) of this chapter.

Drive-through canopy. Overhead structures intended to protect patrons from the weather while stationed at the drive-through service area/facility.

Drive-through lane. Vehicular lane allowing the stationing and stacking of vehicles while ordering and waiting for goods and services.

Bypass lane/escape lane. Vehicular lane allowing traffic to pass the drive-through lane and/or allowing vehicles, because of emergencies or mistakenly entering the drive-through lane, to exit the drive-through lane.

The drive-through facility shall be designed so there will be no pedestrian/vehicular conflicts.

Hours of operation shall be set as a condition of the land development approval to minimize the impacts of drive-through facilities located adjacent to residential uses.

Drive-through facilities are not permitted on sites abutting schools, parks, playgrounds, libraries, churches and other uses that have substantial pedestrian traffic.

Minimum lot frontage on at least one street shall be 150 feet for all principal uses with accessory drive-through facilities to ensure adequate room for access drives.

Drive-through facilities shall abut only arterial streets, as defined in Chapter 486, Subdivision and Land Development, and access shall not be taken from local streets.

The driveway entrance and exit lane of a drive-through facility must be set back at least 100 feet from any intersection.

A bypass lane/escape lane shall be provided.

The design of a drive-through lane and bypass lane/escape lane shall minimize the blocking, crossing or passing through of off-street parking areas and minimize crossing of or the need to be crossed by pedestrian accessways for patrons.

The drive-through lane shall not be the sole ingress and egress to the site.

Drive-through lanes shall be marked by signs that indicate the entrance and exit for the drive-through lane. The direction of traffic flow for the drive-through lane and bypass lane/escape lane shall be marked clearly.

Drive-through lanes are to be separated from the bypass lane/escape lane and parking aisles by painted lines.

Lane separation. An on-site circulation pattern is to be provided for drive-through facility traffic that separates such traffic from that of walk-in patrons.

A stacking area is to be provided for vehicles waiting for service in the drive-through lane that is separated from other traffic circulation on the site. Stacking shall not be provided in parking aisles or in driveways provided for on-site circulation. Stacking distance for each lane shall be at least 120 feet in length.

The total height for any overhead drive-through canopy shall not exceed 15 feet.

A permit shall be required for all machines to be located outside a building;

The machine shall be secured to a concrete pad or other suitable permanent and secure base. Chaining the machine to a post is not acceptable and does not meet this condition.

CLOSED LOOP GEOTHERMAL SYSTEM – A geothermal system in which the same liquid is continuously run through piping in a closed circuit and no new liquid is introduced to the system or used liquid discharged from the system.

OPEN LOOP GEOTHERMAL SYSTEM – A geothermal system in which liquid is run through piping after being drawn from a source and is then discharged to that source or an alternate location.

WELL – A drilled hole used in connection with a geothermal system.

Property metes and bounds and adjoining property metes and bounds;

All structures located on the property and the adjoining properties;

All owners of adjoining lots shall be identified along with addresses and telephone numbers;

Identify location and catalog all trees with a caliper of six inches or more at a height of four feet above grade, along with the current condition of each tree;

A grading plan of the property including the direction and location of water flow from each well to be drilled;

A detail of the method of controlling water runoff and sediment;

Location of all municipal and private stormwater facilities on the property and within 500 feet of the property;

Indicate location and type of all underground utilities and all above ground utilities with clearance to overhead obstructions;

Location of all proposed wells and alternate well locations, indicating distances to all structures and property lines;

Detail of turf and pavement (curb, sidewalk, driveway) protection methods;

Proposed method of entry and exit from the site for drilling equipment;

Plans and details of erosion controls, along with approval from the Bucks County Conservation District;

Distance to Newtown Creek and Old Skunky;

Proposed setup locations for drilling rig for each proposed well;

Detail of tree protection;

Site location map and proposed route of travel to the site of well drilling equipment, including load limit of all bridges in or accessing Newtown Borough;

Location of all public and private easements and rights-of-way on or adjoining the property and all adjoining properties;

Location of all on-site utilities including without limitation sewer and water laterals, gas, electric, cable and other communication lines and stormwater management facilities;

Location of all natural resources and other protected land, including but not limited to required open space, sleep slopes, floodplain, woodlands and wetlands;

Uses of adjoining properties; and

Location of municipal or other public wells located within 500 feet of subject property.

As-built plans and related documentation for each system and well location;

Written documentation of the geothermal system testing and certification from the manufacturer, well driller and installer, as applicable;

A written plan for the operation of the geothermal system which shall contain the following, at a minimum:

A diversity of uses, dwelling unit types, lot sizes and open spaces in a compact arrangement that promotes internal and external pedestrian circulation.

New development which respects the building types found in Newtown Borough.

A quality for neighborhoods that enhances the identity of Newtown Borough as an authentic and livable community.

A range of development intensities most appropriate to the immediate neighborhood context, recognizing decreasing intensities and commercial activity that are more distant from the Borough's commercial core.

The following uses are permitted:

At least 20% of the minimum required open space shall be contiguous and remain in natural condition or be developed as pervious surface.

No more than 30% of the minimum required open space shall be developed as impervious surface.

At least 20% of the minimum required open space shall meet the definition requirements for green space.

TND-1 shall focus first on building type and second on uses within the building.

Residential and nonresidential use shall each comprise at least 20% of the gross tract acreage exclusive of the area of existing perimeter street rights-of-way.

The total street level floor area of nonresidential development shall not exceed 50% of the gross building area of a TND-1 site, excluding enclosed parking facilities.

Any future development on an individual lot, and any future use in an individual building, shall conform to the use designated on the approved preliminary plan.

No dwelling units shown on the approved preliminary plan shall be converted to nonresidential use.

The use regulations, dimensions, lot coverages and all other underlying zoning requirements of this chapter shall apply, unless superseded by the following requirements for uses permitted in TND-1 or as permitted by § 550-14D(4)(a)[3].

No construction or preconstruction site work may commence until a final land development plan is approved.

If the development is to be constructed in phases, the entire development shall be fully described and defined on the approved preliminary land development plan. Each phase shall be so planned that all applicable requirements of this Subsection D shall be fully complied with at the completion of construction for that phase.

If the development is constructed in phases, the impervious surface coverage and building coverage for each completed phase shall not exceed the amounts assigned to that phase on the approved final land development plan.

Upon completion of the full project, the total amount of impervious surface coverage and building coverage for all phases shall not exceed the total as calculated and shown on the approved final land development plan.

Design standards for residential and nonresidential structures specified in the Borough ordinances shall apply, unless superseded by this Subsection D.

The front facade of any new structure facing a public street shall not be occupied by a garage door. On-lot parking space(s) or on-lot driveway(s) are not permitted along the front of any structure. Garage entries, whether to internal, attached, or detached garages, shall be located at the rear of the principal structure.

New structures shall be context-sensitive and based on existing Newtown Borough precedents. They shall incorporate size, height, scale, density, massing and setback consistent with existing buildings of Newtown Borough located within 200 feet of the proposed TND-1 site or that are on other properties adjoining the TND.

Structures shall not be located within the required minimum setback lines of the applicable zoning district, except as permitted by Subsection D(4)(b)[6].

A structure greater than one story shall clearly delineate the level between each floor of the structure through belt courses, cornice lines, fenestration, or other similar architectural detailing.

Attached structures within the same block shall maintain consistent cornice lines with other structures of the same height.

Doorways, windows and other openings in the facade of a structure shall be proportioned to reflect pedestrian scale and movement, and to encourage interest at the street level. Windows and doors on the front facade of a structure should create lines of sight between the structure and the street.

Blank windowless walls shall not be permitted along public street frontages.

Where solid walls are required by building codes, the wall shall be articulated by providing minor recesses or projections in building surfaces intended to emulate window rhythm.

Building materials shall be similar to those of the surrounding neighborhood structures or possess other characteristics such as scale, form, color and architectural detailing to establish compatibility.

Preservation and adaptive reuse of existing historic structures are encouraged.

Areas for snow storage shall be provided or the applicant shall propose an acceptable snow removal plan and receive formal approval for its implementation from the Borough.

Bicycle racks and dedicated bicycle storage space shall be provided.

The architectural features, materials and the articulation of a nonresidential structure shall be continued on all sides visible from a public street. The front facade shall not be oriented to face directly toward a parking lot or parking structure.

A nonresidential or mixed-use building located within a mixed use development shall be similar in size, height, scale, density, massing and setback to those new and existing buildings near or adjacent to it.

The facade of a structure shall be divided into distinct modules no longer than 75 feet. Divisions may be achieved through the use of pilasters, piers, panels, or other recesses and projections.

A nonresidential structure shall provide window openings, doors, or other treatments sufficiently transparent to provide visibility into its interior. These elements shall have a similar degree of transparency compared to other buildings within a two-block proximity of the proposed structure.

Automobile drive-up windows shall not be permitted except for fee transactions within a parking structure.

Up to 5% of the total frontage of nonresidential structures may incorporate awnings, colonnades, arcades, pergolas and other non-fully enclosing post- or column-supported cover structures which project over the sidewalk.

Except for multifamily dwellings, residential structures shall have a covered front porch, portico or stoop on the front facade of the structure. Minimum width shall be four feet. Minimum depth shall be six feet for porches and porticos and four feet for stoops.

The main entrance of a structure shall face the street and be clearly articulated through the use of architectural detailing.

Placement of windows and door entrances shall optimize privacy of residents and minimize infringement on the privacy of adjoining land uses.

Natural stone or brick walls not exceeding four feet in height may be used to connect dwelling units to garages at the ends (external portion) of a group of attached units so that a continuous wall is formed. Ornamental fencing not exceeding four feet in height may be used to separate yard spaces of internal adjoining units to enhance privacy.

Unless otherwise provided by this Subsection D, streets and sidewalks shall comply with all applicable provisions of Chapter 486, Subdivision and Land Development.

Alleys shall provide vehicular access to the side or rear of two or more properties.

Closed street systems, cul-de-sac streets and reverse frontage lots (i.e., a lot with its rear yard facing a public or private street) are prohibited.

The street network shall include sidewalks on both sides of the street. Alleys facing public entrances to nonresidential structures shall have sidewalks on at least one side.

Parking shall be provided for private automobiles based on safety, convenience, pedestrian and vehicular circulation and proximity of public parking and public transportation.

Parking facilities and driveways shall not be the dominant feature of the site's design and/or the streetscape as viewed from the streets within and surrounding a TND.

The overall parking plan may provide a combination of off-street and on-street spaces within a TND-1. On-street parking and effective arrangements for shared parking are encouraged.

A parking lot shall be located to the rear or side of a structure. If located at the side, the parking shall be screened through the use of natural stone or brick walls, ornamental fencing, or landscaping. Walls, fencing, and landscaping shall not exceed four feet in height.

Parking lots or parking structures shall provide an area sufficient to allow not less than one bicycle parking space for every 10 motor vehicle parking spaces.

Garages shall be accessed from alleys or service drives; curb cuts along streets shall not be permitted to directly access garages.

All nonresidential loading areas and docks shall be located to the rear of buildings. Loading docks shall not be visible from public streets. All loading areas and docks shall be recessed at least 25 feet from residential property lines.

Outdoor stocking, storage or display of materials shall not be permitted.

Trash storage/disposal areas for nonresidential uses and multifamily dwellings shall be located within buildings or a completely screened and secured exterior area located to the side or rear of the building. All such areas shall be recessed at least 25 feet from residential property lines, and at least 10 feet from a perimeter property line of the site.

Where blocks are created without streets, but where buildings opposite each other face a pedestrianway, the typical width between building frontages shall be provided in the range from 100% to 200% of the building height of the highest building along that pedestrianway.

Amenities such as street furnishings, signs, cluster mailboxes, lighting, and landscaping shall be designed and oriented to pedestrian use, and to create opportunities for interaction among neighbors in common pedestrian circulation areas.

Main gates, arches, monuments, marquee-type signs, or other physical devices intended to visually separate or distinguish the TND-1 or any portion(s) thereof from the surrounding area shall be subject to approval of the Borough in accordance with Subsection D(4)(g)[4] below.

A comprehensive sign program that establishes a consistent sign theme shall be required for the entire TND-1 site. Signs shall share a common style (e.g., size, shape, material). In a mixed-use development, all signs shall be wall signs or projecting signs mounted perpendicular to the building face. Any other signage, such as main gates, arches, monuments, marquee-type signs, or other signage, shall be consistent with the character of similar structures found in Newtown Borough.

Streetlighting shall be provided along all streets and alleys. Streetlights shall be installed on both sides of the street and at least one side of an alley at intervals recommended for the fixtures selected. Streetlighting design shall meet the minimum standards developed by the Illumination Engineering Society (IES) and are subject to review and approval by the Borough Engineer.

TND-1 sites shall be served by public water and sewer utilities.

Electric transformers, water and gas metering equipment, communications and security equipment, and other utility or service equipment shall be installed in underground vaults or boxes or within a completely enclosed building.