Building Codes. Every dwelling unit hereafter erected, created or altered shall conform to the applicable requirements of the Pennsylvania Uniform Construction Code, PA Act 45 of 1999, or as may hereafter be amended.

Floodplain Development. Every dwelling unit which is to be located in an identified floodplain area shall comply with all applicable district regulations in Part 3 and the floodplain management provisions contained in Part 6 of this chapter.

Dwelling Units. Every dwelling unit shall be placed upon and firmly anchored to a permanent foundation. (See Subsection 2 below for foundation requirements for mobile homes.) Such foundation shall consist of no less than masonry construction or footers set well below the frost line, or other technique or methodology of demonstrated capability approved by the Township Zoning Officer and Building Code Official. The foundation shall be designed to support the maximum anticipated loads for the intended structure and/or use, and no unnecessary open space shall be left between the dwelling unit and foundation, except for windows and other openings as might be necessary for floodproofing purposes. In no case shall any dwelling unit be placed or erected on jacks, loose blocks or other similar temporary materials.

Mobile Homes. All mobile homes shall be placed on and anchored to foundations sufficient to meet the requirements of the Pennsylvania Uniform Construction Code. In addition, all mobile homes shall be installed in accordance with the instructions of the mobile home manufacturer and shall be inspected and approved by the Township Building Code Official.

The minimum gross area required for each tract containing a single-family attached dwelling structure shall be as specified in the "District Regulations," Part 3. No single-family attached dwelling structure shall contain more than four dwelling units per structure, nor shall the overall density of the tract exceed five dwelling units per acre.

Where individual dwelling units of a single-family attached dwelling structure and the land on which the structure is located are proposed to be subdivided and conveyed as separate lots, the following dimensional requirements shall be met. In such cases, the applicant shall submit sufficient documentation along with the subdivision plans which demonstrate that satisfactory arrangements have been made regarding the ownership and maintenance of all common ground or open space not proposed for conveyance. [See also Subsection 1E(8) below.]

Where individual dwelling units of a single-family attached dwelling structure are to be conveyed independently of any land area, the applicant shall demonstrate that all other requirements of the Uniform Condominium Act will be met.

Where title to individual dwelling units of a single-family attached dwelling structure is proposed to be conveyed, all dwelling units contained in the structure shall be part of the proposal.

Maximum Structure Length. No single-family attached dwelling structure shall exceed 120 feet in length.

Minimum Dwelling Unit Width. Each dwelling unit of a single-family attached dwelling structure shall comply with the minimum set forth in the district regulations for the district in which it is to be located.

Traffic Access. No dwelling unit of a single-family attached dwelling structure may access directly onto a public street. All such units shall access public roadways via an approved private street, driveway or common parking area. All new streets, access drives, and parking areas shall be designed and constructed in accordance with the applicable street standards outlined in the Subdivision and Land Development Ordinance in effect in North Centre Township.

Off-Street Parking Spaces. A minimum of two off-street parking spaces shall be provided for each dwelling unit contained in the structure. One additional off-street parking space shall also be provided for each dwelling unit in the structure for visitor parking.

Grading and Landscaping. Where excavation or grading is proposed, or where existing trees, shrubs, or other vegetative cover is to be removed, plans shall be prepared by the developer and submitted to the Township which illustrate that all erosion and sedimentation control requirements set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township will be met. And, where adjacent to existing single-family detached dwellings or potentially incompatible land uses, buffer yards and/or screening as required in §§ 27-506 and 27-507 of this chapter shall be provided by the developer.

Drainage Facilities. All drainage and/or stormwater management standards set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township shall be met.

Solid Waste Collection, Storage and Disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed structure shall be made by the developer and submitted to the Township for approval as a part of the plan submission process.

Sewage and Water Facilities. Sewage and water facilities for single-family attached dwelling structures shall be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection and as follows:

Common Open Space Ownership and Maintenance.

Minimum Tract Area Requirements. A minimum of two contiguous acres of land shall be provided for each development containing more than one single-family attached dwelling structure.

Arrangement of Buildings. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.

Emergency Access. Building groups must be arranged in order to be accessible by emergency vehicles.

Distance Between Buildings.

Distance Between Buildings and Driveways.

Purposes. The purposes of this section are:

Development Options. In order to achieve the above-described purposes, this section provides for flexibility in designing new residential subdivisions by allowing developers to utilize one of the following two optional techniques:

Densities and Required Open Space Percentages. Subsection (C) below sets forth the specific permissible residential densities and open space requirements for each development option.

Ownership. The tract of land shall be controlled by the applicant and shall be developed as a single entity.

Site Suitability. The tract utilizing either of the development options shall be capable of supporting the type of development proposed in terms of its size, configuration and its environmental conditions.

District Applicability and Minimum Tract Area Requirements. Open space residential developments may be located within the RR Rural Residential, SR Suburban Residential and A Agricultural Preservation Zoning Districts and must contain a minimum of 20 contiguous acres of land.

Permitted Dwelling Types. The type of dwelling units permitted in any open space development shall be as set forth in the "District Regulations," Part 3, for the zoning district in which the development is located; that is, in the RR and A zones, only single-family detached dwelling units may be utilized, while in the SR zone, single-family detached and two-family dwellings, as well as single-family attached dwelling structures and multifamily dwelling structures may be used.

Intersections and Access. The number of driveways entering onto existing roads shall be minimized. Instead, the development shall make maximum use of driveways entering onto an internal local street(s). All intersections and access shall be governed by the Subdivision and Land Development Ordinance in effect in the Township and § 27-803 of this chapter. [See also Subsection 2F(8) below for street standards.]

Sewage Treatment and Disposal. The applicant shall demonstrate to the satisfaction of the Township that adequate sewage treatment and disposal facilities can be provided, consistent with the Township's Sewage Facilities Plan (Act 537 Plan), and in compliance with the Pennsylvania Department of Environmental Protection. [See also Subsection 2F(3) below for design standards for sewage treatment facilities.]

Water Supply. The applicant shall demonstrate to the satisfaction of the Township that adequate water supply can be provided for the intended residential uses, open space uses, and fire and emergency purposes without impact to existing water supplies in the area The Township may require the developer to prepare a detailed hydrogeologic study to assess the feasibility of the proposed method of water supply to provide adequate quantity and quality of water. Such a study shall be prepared by a qualified individual as approved by the Township. [See also Subsection 1F(4) below for design standards for water supply facilities.]

Primary Conservation Areas. Open space developments shall minimize the disturbance of the following primary conservation areas:

Open Space Ownership and Maintenance. The applicant must demonstrate to the satisfaction of the Township that all open space ownership and maintenance responsibilities have been legally established in accordance with the requirements of this section and any other pertinent provisions of this chapter. Acceptance of an application proposing an open space development in no way implies an acceptance of any proposed dedication of the open space or any other elements of the plan by North Centre Township without a specific written agreement issued by the Township. (See also Subsections 1H and I below for ownership and maintenance details for required open space areas.)

Option One - Neutral Density and Basic Conservation.

Option Two - Enhanced Density with Greater Conservation.

Option One - Neutral Density and Basic Conservation.

Option Two - Enhanced Density with Greater Conservation.

Adjusted Constrained Lands. The sum of the constrained land shall be determined as follows. Where more than one type of constrained land overlaps, the constrained land with the higher percentage deduction shall apply.

Adjusted Tract Area. The adjusted tract area shall equal the gross tract area minus the adjusted constrained lands as determined in Subsection 1E(1) above.

Open Space Configuration. The configuration of proposed open space lands set aside for common use in residential developments shall be consistent with the following standards:

Stormwater Management Facilities.

Sewage Treatment Facilities.

Water Supply Facilities.

Prime Agricultural Lands. Prime agricultural soils and large tracts of contiguous land suitable for agricultural use shall be preserved to the greatest extent possible.

Scenic Views.

Trails and Paths.

Streets. All streets shall be designed and constructed in accordance with the provisions of the Subdivision and Land Development Ordinance in effect in North Centre Township. At the discretion of the Township, or where the applicant can demonstrate to the satisfaction of the Township that a modification of those standards is warranted, the Township may grant the appropriate waiver.

Parking.

Buffers, Landscaping and Screening. All open space developments shall conform to the buffer, landscaping and screening requirements of this chapter.

Permitted Open Space Uses. The following uses are permitted within the open space areas:

Prohibited Open Space Uses. Any use not identified in Subsection 1G(1) above as a permitted open space use, or not otherwise authorized by the terms of this chapter shall be deemed as a prohibited use. Further, with the exception of law enforcement, emergency and farm machinery, the use of motorized vehicles within open space areas shall be prohibited, except within approved streets, access drives, driveways and parking areas.

Offer of Dedication. The Township may, but shall not be required to, accept dedication in the form of fee simple ownership of open space land provided:

Homeowners' association. The open space land and associated facilities may be held in common ownership by a homeowners' association through the use of a declaration and other documents approved by the Township. Such documents shall be in conformance with the Uniform Planned Community Act of 1996, as amended. The association shall be formed and operated under the following provisions:

Condominiums. The open space land and associated facilities may be held in common through the use of a condominium declaration and other documents, approved by the Township. Such documents shall be in conformance with the Uniform Condominium Act of 1980. All common open space land shall be held as "common elements" or "limited common element." To the degree applicable, condominium agreements shall comply with the provisions of Subsection 1H(2) above, set forth for homeowners associations. Condominium agreements shall be filed with final development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium agreements with sufficient detail to demonstrate feasible compliance with this section.

Dedication of Easements. The Township may, but shall not be required to, accept easements for public use of any portion of open space lands. The title of such land shall remain in common ownership by a condominium or homeowners' association, provided that:

Transfer of Easements to a Private Conservation Organization. With the approval of the Township, an owner may transfer easements to a private or nonprofit organization recognized by the Township, whose purpose it is to conserve open space and/or natural resources, provided that:

Private Ownership of Open Space.

Open Space Management Plan. The applicant shall provide the Township with an open space management plan for the long term maintenance of the designated open space which is being created as part of the development, including maintenance and management of any wastewater disposal, water supply, stormwater management or any other common facilities which may be located within areas of designated open space.

Enforcement of Obligation for Maintenance of Open Space.

Open Space Performance Bond. Where intended as common or public amenities, all landscape improvements, plantings, accessways and recreational facilities within designated open space areas shall be provided by the developer. A performance bond or other security acceptable to the Township shall be required to cover costs of installation of such improvements in the open space area. The performance bond or other security shall in the same form and adhere to the same conditions as otherwise required for proposed improvements by this chapter or the Subdivision and Land Development Ordinance in effect in North Centre Township.

Retail establishments shall have no detrimental effect on the character of the area or neighborhood where they are proposed to be located. All applications for such uses shall include details regarding the proposed use of externally broadcast music, public address systems, public announcements, paging, and similar activities.

All retail uses shall provide adequate sewage disposal facilities and a safe water supply.

Outdoor lighting associated with the proposed establishment shall be mounted and shielded to effectively eliminate direct or reflective glare on adjacent properties and on public streets.

Buffer yards and/or screening shall be provided as required in §§ 27-506 and 27-507 of this chapter, unless required otherwise by the regulations of this Part.

All signs used to advertise retail activities shall meet the requirements of Part 7 of this chapter.

Off-street parking and loading areas shall be provided in accordance with the requirements of §§ 27-801 and 27-802 of this chapter. Access to all proposed retail uses shall meet the requirements of § 27-803.

Arrangements for the collection, storage and disposal of solid wastes generated by the commercial use shall be made by the applicant and submitted to the Township for approval as part of the application for the retail activity. Such arrangements shall indicate the type of screening to be used to conceal waste storage facilities used by the retail operation.

Applications for retail establishments shall also include an indication of the activity's proposed hours of operation.

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

Five hundred feet of the boundary of any residential district or residential property line.

Five hundred feet of the property line of any church, school, day-care center, theater, park, playground, or other areas where minors congregate.

Five hundred feet of the property line of any other adult entertainment establishment.

Private gardens shall be permitted in all zoning districts.

The raising of livestock or poultry for personal use may be permitted as a principal and/or accessory use in the A Agricultural Preservation and W/C Woodland/Conservation Districts and as a special exception in the RR Rural Residential District. All such activities shall however be subject to the following lot size and animal density requirements:

Commercial animal husbandry may be permitted as a principal and/or accessory use only in the A Agricultural Preservation and W/C Woodland/Conservation Districts. (See also Subsection 1B below regarding concentrated animal operations.)

Buildings in which livestock or poultry are to be housed (temporarily or permanently) shall be set back at least 100 feet from all property lines and dwellings (other than the owner's residence). All other agricultural buildings shall be set back in accordance with the standards established in the "District Regulations," Part 3. (See also Subsection 1B and C below for additional standards governing concentrated animal operations and stables, respectively.)

No outdoor feedlot, agricultural compost, manure or other similar unenclosed storage shall be located closer than 100 feet to any property line, well, stream, water body, or designated wetland area.

Nothing contained in this chapter shall prohibit a farmer from carrying out normal farming activities, including the spreading of manure in compliance with the requirements of the Pennsylvania Nutrient Management Act.

All applications to the Township for new or expanded concentrated animal operations shall include the following information:

A new or expanded building used for concentrated animal operations shall not be located within the following, whichever is more restrictive:

A manure storage facility as part of a CAO operation shall require a two-hundred-foot setback from any property line. The setback for these facilities shall be increased to 300 feet if the manure storage facility is located on a slope exceeding 8% or if the facility has a capacity of 1.5 million gallons or more.

Minimum Lot Area. A minimum lot area of 10 acres shall apply, except a minimum lot area of 40 acres if the use will have more than five animal equivalent units per acre on the average.

The applicant should describe, in writing or on site plans, methods that will be used to address water pollution and insect and odor nuisances. The applicant should provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the United States Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may provide a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.

Manure storage facility setback regulations shall be governed by the State Nutrient Management Regulations.

Private Stables. Private stables may be permitted as an accessory use in the RR Rural Residential, SR Suburban Residential, A Agricultural Preservation and W/C Woodland/Conservation Districts subject to the following lot size and animal density requirements:

Public Stables or Riding Academies. Public stables or riding academies may be permitted as a principal use in the RR Rural Residential, A Agricultural Preservation and W/C Woodland/Conservation Districts subject to the following requirements:

In the A Agricultural Preservation District, a tract of land containing 20 acres or less at the effective date of this chapter may be subdivided for residential or nonagricultural purposes in accordance with the following criteria:

In the A Agricultural Preservation District, a tract of land containing in excess of 20 acres as of January 1, 2009, the effective date of this chapter, may only be subdivided for residential or nonagricultural purposes in accordance with the following criteria:

After January 1, 2009, the effective date of this chapter, tracts of ground located in the A Agricultural Preservation District being subdivided for agricultural purposes must contain a minimum of 20 acres. Any such subdivided parcels shall not thereafter be further subdivided unless the acreage involved is to be added to existing, adjacent lots of record being used for agricultural purposes. A single dwelling unit intended as living quarters for persons working on the site may be permitted on such parcels.

After January 1, 2009, the effective date of this chapter, tracts of ground located in the A Agricultural Preservation District, previously identified in § 27-418D(2), being subdivided for residential or nonagricultural purposes may be subdivided according to the use regulations and dimensional requirements set forth in § 27-306 of the district regulations as well as Chapter 22, Subdivision and Land Development.

Such operations involve trucks exceeding 26,000 pounds gross vehicle weight.

Such operations will disturb in excess of 5,000 square feet of earth.

Such operations will necessitate the development of a soil erosion and sedimentation plan.

A sketch plan or drawing showing the outline of the tract from which the timber is to be removed and identifying that portion of the tract where the harvesting is to occur.

An indication on the site plan where access to public roads will be made, and where staging and loading areas will be located.

Where required by state regulations, a copy of the soil erosion and sedimentation plan prepared for and approved by the County Conservation District.

An indication of the length of time anticipated to complete the harvesting activity and the time of year when the activity is to be scheduled.

A site restoration plan, where applicable.

Sound. The volume of sound inherently and recurrently generated shall be controlled so as not to cause a nuisance to adjacent uses.

Vibration. No vibrations shall be discernible beyond the property lines of the industry.

Odor. No emission of odorous gas or other odorous matter shall be permitted in such quantity as would be readily detectable along or beyond the lot lines of the industrial operation without the use of instruments.

Toxic or Noxious Matter. No discharge of any toxic or noxious matter in such quantity as would be detrimental or dangerous to public health, safety, comfort or welfare, or would cause injury or damage to property, businesses, or the surrounding natural environment shall be permitted.

Glare. No direct or reflected glare shall be detectable at any point along or beyond the property lines of the industry.

Heat. No direct or reflected heat shall be detectable at any point along or beyond the property lines of the industry.

Dust and Fly Ash. No solid or liquid particles shall be emitted in such quantities as would be readily detectable at any point along or beyond the property lines of the industry or as would produce a public nuisance or hazard.

Smoke. No smoke shall be emitted in such quantity as would become a nuisance.

Fire, Explosion, and Chemical Hazards. In all activities involving, and in all storage of flammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire, explosion, leaks or spills, and appropriate fire fighting and fire suppression equipment and devices standard in the industry, or as may be required by the Occupational Safety and Hazards Administration (OSHA). All such facilities shall be set back a minimum of 250 feet from residential structures. Burning of industrial waste materials in open fires shall be prohibited at all times.

Radio Waves or Electrical Disturbances. No activities shall be permitted which emit radio waves or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

A seasonal zoning permit shall be required for all such units to be placed on any lot in the Township for more than 30 days in any calendar year. Such permits may be issued for up to 180 days, but must be renewed annually.

All such units must be removed from the site during the off-season.

Each application for a seasonal zoning permit shall include: (a) an indication of the sewage facilities to be used by the unit or (b) an executed arrangement for dumping at a state-approved dump station.

One additional camping unit may be permitted to visit the site of the original unit periodically during the life of the seasonal permit so long as adequate lot space is available to accommodate both units and all required parking, and adequate arrangements can be made for sewage disposal.

Permitted in All Zones Subject to Regulations. Nontower WCF 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. Nontower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming wireless support structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

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 Township.

Wind and Ice. All nontower WCF structures shall be designed to withstand the effects of wind gusts and ice 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, as amended).

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

Public Safety Communications. Nontower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio Frequency Emissions. A nontower 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 nontower 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 WCF, or portions of WCF, shall be removed as follows:

Insurance. Each person that owns or operates a nontower 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 nontower WCF.

Indemnification. Each person that owns or operates a nontower 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 nontower WCF. Each person that owns or operates a nontower 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 nontower 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:

Zoning Permit Required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a zoning permit from the Township-authorized agency or person. 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.

Timing of Approval for Applications That Fall Under the WBCA. Within 30 calendar days of the date that an application for a nontower 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. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such 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 Township's sixty-day review period. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.

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

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

Noncommercial Usage Exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section.

Prohibited on Certain Structures. No nontower WCF shall be located on single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure.

Conditional Use Authorization Required. Any WCF applicant proposing the construction of a new nontower WCF, or the modification of an existing nontower WCF, 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 the North Centre Township Zoning Ordinance.

Historic Buildings. No nontower WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or 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 may assess appropriate and reasonable zoning permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF, as well as related inspection, monitoring and related costs.

Development Regulations. Nontower WCF shall be located or co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:

Design Regulations. Nontower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

Removal, Replacement and Modification.

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.

WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.

Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

Any graffiti on any wireless support structures or any accessory equipment shall be removed at the sole expense of the owner.

Any proposed underground vault related to nontower WCF shall be reviewed and approved by the Township.

Accessory equipment attached to the wireless support structure shall have 12 feet of vertical clearance above finished grade.

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

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 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 1/4 of a mile of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

Conditional Use Authorization Required. Tower-based WCF 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. 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 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 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 Zoning permits.

Visual Appearance and Land Use Compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Board, or shall have a galvanized finish. All tower-based WCF and accessory 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.

Co-location and Siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by the 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 radius of 1/4 of a mile 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. To the extent permissible under law, nonroutine modifications shall be prohibited without a permit.

Gap in Coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists 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 or capacity shall be a factor in the Township's decision on an application for approval of tower-based WCF.

Additional Antennas. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

Wind and Ice. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts and ice 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, as amended).

Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 180 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.

Accessory 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 wireless communications facility greater than 40 feet.

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

Maintenance. The following maintenance requirements shall apply:

Radio Frequency Emissions. 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 tower-based WCF shall not be located upon a property and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or 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.

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. 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. 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 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 regarding these activities.

Timing of Approval. Within 30 calendar days of the date that an application for a 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. 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 150-day review period.

Nonconforming Uses. Nonconforming tower-based WCF 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. The co-location of antennas is permitted on nonconforming structures.

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 WCF or portions of WCF shall be removed as follows:

Permit Fees. The Township may assess appropriate and reasonable zoning permit fees directly related to the Township'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.

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

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 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 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 and shall be in an amount that is no less than 20% of the value of the tower-based WCF.

Tower-based WCF shall not be located in, or within 50 feet of, an area in which utilities are primarily located underground.

Tower-based WCF are permitted outside the public rights-of-way in the W/C Woodland/Conservation District by conditional use, subject to the above prohibition.

Sole Use on a Lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of one acre. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure's height.

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 use, except residential, subject to the following conditions:

The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

The landscaping shall consist of a screen of evergreen trees planted eight feet on center, each at least four feet in height, and staggered in two rows, located along the perimeter of the security fence. Existing vegetation shall be preserved to the maximum extent possible.

Ground-mounted accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

All accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Tower-based WCF in the public ROW shall not exceed 40 feet in height.

Tower-based WCF are prohibited in areas in which utilities are located underground.

Tower-based WCF shall not be located in the front yard area of any structure.

Tower-based WCF shall be permitted along certain collector roads and arterial roads throughout the Township, regardless of the underlying zoning district. A map of such permitted roads is kept on file at the Township Zoning Office.

The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WCF to more than 40 feet.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb.

Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner.

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the facility.

Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to the site of the facility.

A site plan, sealed by a professional land surveyor, at a scale not greater than one inch equals 100 feet showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substations, electrical cabling from the facility to the substations, ancillary equipment, buildings and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of all applicable setbacks.

A survey drawing at an appropriate and legible scale showing the proposed location of the wind energy facility (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals, libraries, federal, state, county or local parks, and recognized historic or heritage sites within a distance of 2,000 feet or less from any property boundary.

As applicable, copies of all proposed leases required to be secured by the applicant shall be provided, if the applicant is not the sole owner of the parcel or parcels on which the wind energy facility is proposed to be constructed. Boundaries of said leases shall be clearly illustrated upon the site plan.

Documents related to decommissioning, including a schedule for such process and financial security.

Other relevant studies, reports, certifications and approvals as may be reasonably required by North Centre Township to ensure compliance with this section.

Safety Certifications. The design of the facility shall conform to all applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Dot Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended,[1] and the regulations adopted by the Pennsylvania Department of Labor and Industry.

The owner of a wind energy facility shall have all components of the facility inspected in compliance with the established standards of the manufacturer, with each inspection not to exceed a twelve-month period, for structural and operational integrity by a licensed professional engineer, and shall submit a copy of the inspection report to the Township.

Standard scaled drawings of proposed wind turbine structures, including maximum height, the tower, base and footings.

Control and Brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Visual Appearance and Power Lines.

Warnings. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Climb Protection/Locks. Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

A wind turbine shall be set back from the nearest occupied building or nonoccupied building on the participating landowner's property a distance not less than 1.5 times the wind turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building or nonoccupied building.

A wind turbine shall be set back from the nearest occupied building or nonoccupied building located on a nonparticipating landowner's property a distance of not less than five times the wind turbine height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied or nonoccupied building.

A wind turbine shall be set back from the nearest property line a distance of not less than two times the wind turbine height. The setback distance shall be measured to the center of the Wind Turbine base.

A wind turbine shall be set back from the nearest public road a distance not less two times the wind turbine height as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

A wind turbine shall be set back from aboveground power lines, public telephone lines and television cable lines a distance no less than two times the wind turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on such lines.

A wind turbine shall be set back at least 2,000 feet from important bird areas as identified by Pennsylvania Audubon and at least 2,000 feet from identified wetlands.

All wind turbines shall be located so that the level of noise produced by wind turbine operation shall not exceed 50 dBA, measured at all points of the site's property line. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

The applicant shall document that the radio, television, telephone or reception of similar signals from nearby properties will not be disturbed or diminished by the installation of any wind turbine.

No vibration associated with the operation of a wind turbine shall be permitted which is detectable without instruments at or beyond the property line; and no use shall generate any vibration which is capable of causing damage to buildings, structures, equipment alignment, or structural soundness.

A wind turbine shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property. The facility owner and operator shall conduct, at the applicant's expense, a modeling study demonstrating that shadow flicker shall not occur on any occupied building on a nonparticipating property.

The facility owner and operator shall provide current contact information to the Township which includes at minimum a phone number and identifies a responsible person for the Township or public to contact regarding emergencies, inquiries and complaints throughout the life of the project. The applicant shall provide the Board of Supervisors a written plan outlining procedures on how complaints about noise, communications interference and vibration and/or other issues will be addressed. For the life of the project, the current contact information shall be conspicuously posted upon locations throughout the property and upon the bases of all wind turbines.

The applicant shall identify all local public roads to be used within North Centre Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

The applicant shall hire a licensed professional engineer to document the condition of Township roads prior to the start of construction or development activities upon the property. Said documentation shall include photographs and video recordings of all approved travel routes to substantiate the report. The applicant shall ensure that the Township Road Master is present when photographs and video tapes are taken. Copies of the inspection report, photographs, and video tapes shall be submitted to the Township. The applicant's engineer shall document the road conditions again within 30 days from the completion of construction or as weather permits, as determined by the Board of Supervisors. Completion of construction shall be deemed to be the date on which final land development approval is granted by the Board of Supervisors.

A bond shall be posted by the applicant to compensate the Township for any damage to Township roads in compliance with state regulations. (All street and bridge weight limits set forth in Part 3 of Chapter 15 of Ord. 1999-01, the Code of Ordinances of North Centre Township, adopted January 21, 1999, or as may hereafter be amended, shall be observed for wind energy facilities.)

The applicant is responsible for all for repairs and remediation of any damaged roads resulting from the installation or subsequent maintenance of a wind energy facility. Such repairs and remediation shall be completed with 30 days from the time of damage unless a greater amount of time is approved by the Board of Supervisors.

The facility owner or operator of a commercial wind energy facility and/or the owner or operator of a noncommercial windmill shall, at his expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or wind turbines. Such facility or wind turbines shall be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

Disturbed earth shall be graded and re-seeded, unless the landowner leasing land for a wind energy facility requests in writing that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained to estimate the cost of decommissioning without regard to salvage value of the equipment. Said estimates shall be submitted to North Centre Township after the first year of operation and every fifth year thereafter.

The facility owner or operator of a commercial wind energy facility shall post and maintain decommissioning funds in an amount equal to the identified decommissioning cost. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator of a commercial wind energy facility posting the financial security, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth and is approved by North Centre Township.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to North Centre Township.

If the facility owner or operator of a commercial wind energy facility fails to complete decommissioning within the periods described by Subsection K(1), then North Centre Township shall take such measures as necessary to complete decommissioning.

The escrow agent shall release the decommissioning funds when the facility owner or operator of a commercial wind energy facility has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business activity shall be conducted entirely within the owner's dwelling and may occupy no more than 25% of the gross floor area of the residence, not to exceed a total of 400 square feet in the RR Rural Residential and SR Suburban Residential Districts.

The business shall employ no employees other than family members.

There shall be no outside appearance of a business use including, but not limited to, parking area, signs, lights or displays.

The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity shall not generate any solid waste or sewage discharge in volume or type which in not normally associated with residential use in the neighborhood.

The business shall not involve any customer, client, or patient traffic, whether vehicular or pedestrian, pick-up, delivery, or removal functions to or from the premises in excess of that normally associated with a residential use.

The business shall not involve any illegal activity.

The home occupations shall be clearly secondary to the use of the principal residential nature of use of the dwelling where it is to be located.

The area devoted to the permitted home occupation shall be located within the owner's dwelling or a single building accessory thereto.

The home occupation shall occupy an area no more than 25% of the gross floor area of the principal dwelling, and in the RR Rural Residential and SR Suburban Residential Districts, it shall not exceed 400 square feet in size. (No maximum gross floor area standards shall apply to family day care homes.)

The home occupation shall be owned and operated by the individual who is the resident of the dwelling at which the occupation is located. There shall be no more than one nonresident employee engaged in the home occupation.

The home occupation shall in no way alter the residential character of the neighborhood where it is to be located.

The home occupation shall not create any adverse impact on existing vehicular traffic or pedestrian circulation patterns in the neighborhood.

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

There shall be no exterior display or sign advertising the home occupation, except as may be permitted in Part 7 of this chapter, and no outdoor storage of materials associated with the occupation on the site.

Off-street parking spaces shall be provided for home occupations as set forth in Part 8 of this chapter.

The home occupation shall comply with all federal, state and local regulations.

The majority of all goods or products sold on the premises must be produced on the site, or must be related to a service offered on the site.

Permitted home occupations shall include, but need not be limited to, the following "low-intensity," service-oriented activities which do not meet the criteria for a no-impact, home-based business as set forth above:

Requests for other home occupations not addressed above may be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.

All requests for any home occupation to be located in the SR Suburban or RR Rural Residential Districts, including those listed above, shall be submitted to the Zoning Hearing Board for consideration.

Processing, storage, and/or sale of products raised or produced on the premises.

Dairy stores.

Custom butcher shops.

Horticultural nurseries and greenhouses.

Feed or seed sales.

Tack shops or blacksmithing operations.

Livestock or animal grooming services.

Lot size: 15 acres.

Lot width: 200 feet.

Activities (including parking areas) or structures included for use as an agritainment enterprise shall comply with the following minimum setback distances:

The above setback distances shall not apply to any existing structures upon the property utilized as a component of any activities offered within the context of an agritainment enterprise.

The use of a portion of the property for the temporary placement of campers. horse trailers and recreational vehicles as related to planned events upon the property.

The sale of both prepared food products and fresh farm produce and accessory products that support the specific agritainment enterprise, such as leather tack products, saddles, boots and western wear.

Vendor services offered in compliance with Chapter 13, Part 1.

Maximum building coverage: 20%.

Maximum impervious surface: 30%.

Lot sizes of 1/2 acre to one acre: the maximum number permitted is six poultry or waterfowl.

Lot sizes more than one acre: the maximum number permitted is 12 poultry or domestic waterfowl per acre.

A zoning permit shall be required for the construction of any coop.

The minimum coop size shall be two square feet per bird for chickens.

The outside run shall be enclosed in such a manner as to securely contain the poultry or domestic waterfowl.

Design safety certification. The design of a noncommercial windmill shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

All components of a noncommercial windmill shall be designed and constructed to be in compliance with pertinent provisions of the Pennsylvania Uniform Construction Code.

Controls and Brakes. A noncommercial windmill shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

Rotor Blades. The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.

Electrical Components.

Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

A noncommercial windmill's tower and blades shall be painted in a nonreflective, light gray or light blue hue, which blends with sky and clouds.

A noncommercial windmill shall be designed and located in such a manner as to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible, the system:

A noncommercial windmill shall not exceed a maximum height of 80 feet and shall be located on a lot with a minimum size of not less than two acres.

Setback Requirements. A noncommercial windmill shall not be located closer to a property line than 2.5 times the wind turbine height as measured from the center point of the base of the tower.

The number of noncommercial windmills permissible per lot shall be as follows:

Towers shall be constructed to provide one of the following means of controlled access or other appropriate method of controlled access:

A locked, protective fence at least six feet in height shall enclose the tower and electrical equipment to prevent entry by nonauthorized persons.

Audible sound from a noncommercial windmill shall not exceed 50 dBA, measured at all points of the site's property line. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume 1: First Tier."

Reasonable efforts shall be made to preclude shadow flicker to any off-site building not owned by the applicant. The applicant shall provide an assessment of potential buildings that could be affected.

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

The right to prohibit the development on or growth of any trees or vegetation on such property.

Wall-mounted ASES shall comply with the setbacks for principal and accessory structures of the underlying zoning districts.

Solar panels shall not extend beyond any portion of the roof edge.

The minimum yard setbacks from side and rear property lines shall comply with the required setbacks for a principal structure setback of the underlying zoning district.

Ground-mounted ASES are prohibited in front yards, between the principal building and the public street, excluding front yard locations which are located not less than 200 feet from the front property line.

The surface area of the arrays of a ground-mounted ASES, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the lot coverage of the lot on which the system is located. ASES shall not exceed the maximum lot coverage requirements of the underlying zoning district.

If applicable, the applicant shall submit a stormwater management plan that demonstrates compliance with the North Centre Township stormwater management regulations.

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

The right to prohibit the development on or growth of any trees or vegetation on such property.