Required screening and buffer areas shall consist of at least 80% evergreen material and must, through layout and content, provide design solutions which solve all visual and noise problems related to residential, industrial or commercial uses whether on the same lot or not.

In addition to required tree and shrub buffer, earthen berms, fences or masonry walls may be acceptable or desirable when it is determined to be not feasible to achieve desired buffering with plant material.

Spacing, density and material selection shall be based on intensity or degree of problem in area of required screening or buffer planting.

A naturalized arrangement of plant material and earthen berms shall be used wherever possible.

In all screening and buffer plantings, deciduous trees and shrubs shall be used with required evergreen material to provide accent and color to the overall planting.

Any part or portion of any site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings. A replacement program for nonsurviving plants should be included.

Any single parking area with 20 or more spaces shall utilize at least 5% of its area in landscaping, which shall be in addition to open area requirements of the district.

The accessory building, structure or use shall be subordinate and customarily incidental to the principal building and utilized as an accessory use on the lot occupied by the principal building.

The accessory building, structure or use shall not be located in the front yard.

The land area occupied by the accessory building or structure shall account towards the building coverage calculations for the lot and zoning district to which it is located.

The land area occupied by the residential accessory building or structure shall account towards the impervious surface ratio calculations for the lot and zoning district to which it is located.

The maximum height of any accessory building or structure shall be 15 feet unless otherwise indicated.

No permanent residential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is an accessory component.

Compliance must be met with the following square footage limitations with respect to the footprint of the building or structure:

No more than one detached residential garage, barn, carport, or similar structure is permitted per lot. If the property exceeds two acres, two structures are permitted.

No structure can be used for business purposes, habitation, or for the storage of any hazardous materials other than routine items that are customary to a residential dwelling, such as gasoline for mowers and other similar materials.

In no case can the footprint of the building or structure exceed the footprint of the residential dwelling or exceed the square footage limitations identified in § 27-1105, Subsection 2A.

Detached residential garages, barns, carports, and similar structures on a lot occupied by a single-family attached dwelling, single-family semi-detached dwelling, townhouse, or other dwelling having a common lot line may be located along the common lot line, provided that they do not project onto the adjacent property and they are located at least five feet from the rear property line.

Decks, patios and terraces located on a lot occupied by a single-family detached dwelling unit shall comply with the building setback requirements of the underlying zoning district to which they are located, but are permitted to encroach a maximum of 25% within the required rear yard setback for said zoning district.

Decks, patios and terraces located on a lot occupied by a single-family attached dwelling unit or semidetached dwelling unit may be located along the common lot line, provided that they do not project onto another property and comply with the remaining setback requirements.

Decks, patios and terraces located on a lot occupied by a single-family detached dwelling unit, single-family attached dwelling, or single-family semidetached dwelling may be covered, provided that it is in accordance with all building code requirements.

Decks, patios and terraces located on a lot occupied by a townhouse unit may only be located in the rear yard and subject to the following provisions:

Noncommercial greenhouses located on a lot occupied by a single-family detached dwelling unit shall comply with the building setback requirements of the underlying zoning district.

All noncommercial greenhouses shall not exceed 500 square feet per acre of land and shall not exceed 10,000 cumulative square feet in total gross covered floor area occupied by all of the noncommercial greenhouses located on the property.

Utility sheds or storage sheds located on a lot occupied by a single-family detached dwelling unit may be erected in the rear yard behind the back building line of the residential dwelling and shall be located at least seven feet from the property line. All such utility or storage sheds shall not exceed 240 square feet in floor area and shall not exceed 12 feet in height. Sheds larger than 240 square feet are subject to the requirements of Subsection 2 and shall be classified as a detached residential garage, barn, carport, and similar building or structure.

Unless otherwise specified by this chapter, utility sheds, storage sheds, gazebos, and all other accessory buildings or structures that are located on a lot occupied by a single-family attached dwelling or semidetached dwelling may be erected in the rear yard behind the back building line of the residential dwelling and shall be located at least five feet from the property line. All such accessory buildings or structures shall not exceed 80 square feet in floor area and shall not exceed 12 feet in height. Sheds larger than 80 square feet are subject to the requirements of Subsection 2 and shall be classified as a detached residential garage, barn, carport, and similar building or structure.

No more than one utility shed or storage shed shall be permitted per lot. If the property exceeds two acres, two structures are permitted.

All utility sheds or storage sheds shall be located, designed, constructed and installed in accordance with the manufacturer's specifications and the building codes of Northampton Township.

Gazebos, pool houses, pavilions, and similar structures are permitted on a lot occupied by a single-family detached dwelling unit provided it is in accordance with the provisions of § 27-1105.2A(1) through (3) related to maximum square footage, maximum height, and minimum setbacks based on lot size. In addition, no structure can be used as permanent living quarters.

If the cumulative playing surface is less than 1,000 square feet, a fifteen-foot setback is required from all property lines.

The accessory building, structure or use shall be subordinate and customarily incidental to the principal building and utilized as an accessory use on the lot occupied by the principal building.

Unless otherwise specified by this chapter, all accessory buildings, structures or uses shall comply with all building setback requirements for the underlying zoning district to which it is located.

The land area occupied by the accessory building or structure shall account towards the building coverage calculations for the lot and zoning district to which it is located.

The land area occupied by the accessory building or structure shall account towards the impervious surface ratio calculations for the lot and zoning district to which it is located.

Unless otherwise specified by this chapter, the maximum height of any nonresidential accessory building or structure shall be 30 feet.

No permanent residential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is an accessory component.

In all residential districts, dwellings that are located on a corner lot are permitted to place privacy fences in the secondary front yard a distance of 1/2 the required front yard setback.

To the extent possible as determined by the Zoning Director, existing plantings and vegetation shall be preserved.

Fence enclosures for swimming pools are required to meet the requirements of the Pennsylvania Uniform Construction Code, as amended.

(Reserved)

Conventional fences required for farm use, agricultural use and related facilities on properties in excess of five acres shall be exempt from the fence regulation of this chapter, except for the height regulation.

Required fences for tennis, baseball or softball backstops and similar fences for similar recreational facilities shall be exempt from the regulations of this chapter, provided that such recreational fences are not located closer than 50 feet to any abutting residential property in all residential zoning districts.

Any appeals from a decision or other action of the Zoning Officer with respect to fences as covered in this section or other provisions of this chapter may be made to the Zoning Hearing Board under the provisions for variances as covered under § 27-1402, Subsection 3, of this chapter.

Shall be at least 12 feet wide, 55 feet long and shall have at least a fifteen-foot vertical clearance.

Shall have an additional sixty-foot maneuvering area.

Shall have an all-weather surface to provide safe and convenient access during all seasons.

Shall not be constructed in any required yard or required parking area.

Any combination of uses on a lot having an aggregate floor area of 8,000 square feet or more shall require one off-street loading space.

In addition to the above, one additional off-street loading space shall be provided for each 25,000 square feet of floor area up to a maximum of three total off-street loading spaces; provided, however, that a planned shopping center may require additional loading spaces due to design and building location requirements.

Warehouse uses shall be designed for an appropriate number of off-street loading spaces to meet the needs of the specific use.

Off-Street Parking.

The off-street parking study demonstrates that:

The off-street parking lot, as indicated on the plan accompanying the application, shall designate an area or areas sufficient to accommodate the total number of required off-street parking spaces. The plan shall illustrate the layout for the total number of off-street parking spaces and the layout with the proposed reserved off-street parking spaces.

All off-street parking spaces (permanent and reserved) shall be in compliance with the other requirements of this chapter including, but not limited to, impervious surface ratio, buffer yards and setbacks. Areas which would otherwise be unsuitable for off-street parking spaces due to the physical characteristics of the land shall not be utilized for off-street parking spaces.

The parking area or areas proposed to be reserved shall be located and have characteristics so as to provide amenable open space and appropriate landscaping should it be determined that additional off-street parking spaces are not required.

If required by the Board of Supervisors, the applicant or owner shall post a performance bond or other securities to cover the expense of a parking study to be undertaken by a registered transportation engineer of the Board's choosing who shall determine the advisability of providing additional off-street parking spaces up to the full off-street parking requirement.

Subsequent to the issuance of all occupancy permits, and upon the recommendation of the Zoning Officer or Township Engineer, the Board of Supervisors may request the preparation of a new parking study to determine whether additional off-street parking spaces shall be provided by the applicant or owner. Upon the receipt of recommendations from the transportation engineer, the Township Engineer and the Planning Commission, the Board of Supervisors shall determine whether any additional off-street parking spaces should be provided or if any areas should remain as open space.

Land which has been determined and designated by the Board of Supervisors to remain as open space rather than as required off-street parking shall not be used to provide off-street parking spaces for any addition or expansion, but shall remain as open space.

The total area of the lot is no more than 6,000 square feet.

The total area of the parking space shall not exceed 200 square feet.

No common parking area owned and/or maintained publicly or by a homeowners association exists within 300 feet of the affected lot.

Fire and Explosive Hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate firefighting and fire-suppression equipment and devices as detailed and specified by the Department of Labor and Industry and the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Building Code, the Fire Prevention Code and other applicable ordinances adopted by the Township. Any explosive material shall conform to the requirements of 25 Pa. Code, Chapter 211, Rules and Regulations, Pennsylvania Department of Environmental Protection, for storage, handling and use of explosives.

Radioactivity or Electrical Disturbances. There shall be no activities which emit dangerous radioactivity at any point. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance. If any use is proposed which incorporates the use of radioactive material, equipment or supplies, such use shall be in strict conformity with 25 Pa. Code, Chapters 221, 223, 225, and 227, Pennsylvania Department of Environmental Protection, rules and regulations.

Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violate the Pennsylvania Air Pollution Control Laws, including the standards set forth in 25 Pa. Code, Chapter 123, "Standards for Contaminants," and Chapter 131, "Ambient Air Quality Standards," Pennsylvania Department of Environmental Protection, Rules and Regulations.

Liquid and Solid Wastes. There shall be no discharge at any point into any public or private sewerage system or watercourse or into the ground of any materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of the Commonwealth of Pennsylvania, and specifically Chapters 73, and 95, Title 25, Pennsylvania Department of Environmental Protection, rules and regulations.

Light and Glare.

Odor. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I (Odor Thresholds in Air), Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.

Noise.

Type I commercial vehicles, recreational vehicles or boats may be parked or stored outside in the CR, EP, AR, R-1 or R-2 Districts, subject to the following provisions:

No commercial vehicle, recreation vehicle or boat shall be permitted to be parked or stored in any residential district other than those districts referenced in Subsection 1 above.

No more than one commercial vehicle or recreational vehicle shall be parked or stored outdoors on any lot. No more than one boat shall be parked or stored outdoors on any lot. In the case of utility trailers, no more than one such trailer shall be parked or stored on any lot.

No commercial vehicle, recreational vehicle or boat, while parked or stored on a lot, shall:

Buildings and Structures.

Towers.

No more than six chickens shall be kept on any property at any time.

The keeping of roosters is prohibited.

Any commercial use, such as the selling of eggs, is prohibited unless otherwise permitted by the zoning district.

Adequate food, shelter, water, and care shall be provided to all chickens at all time.

All chickens, chicken coops, and chicken runs must be maintained, housed, and kept in a clean and sanitary condition and in a manner that does not cause a public or private nuisance.

Chickens must be confined at all times to a chicken coop or chicken run in accordance with the following and may not roam free off of the property:

No more than two flag lots shall be permitted as a result of the overall subdivision.

The proposed design should be in the best interest of the community, considering health, safety and/or general welfare issues.

The tract of land represents the total contiguous land area owned by the applicant.

The tract of land cannot be properly subdivided due to the presence of certain physical or environmental development constraints associated with the site.

The configuration of the proposed lots will not limit the potential for development on adjacent tracts of land in the future.

Single-family detached dwellings are the only type of dwelling unit which can be located on a flag lot.

The proposed flag lot shall be designed to comply with the provisions specified under Subsection 4.

The access strip or stem of the flag lot shall be owned fee simple and extended from an existing public street to the interior front lot line.

The width of the access strip or stem shall be a minimum of 30 feet. Additional width may be required by Northampton Township in order to overcome problems associated with slope, drainage and/or sedimentation.

The maximum length of the access strip or stem shall not exceed 300 linear feet, as measured from the street right-of-way to the interior front lot line.

The minimum net lot area requirement for each flag lot shall be calculated utilizing a multiplier of 1.25 that shall be applied to the standard lot area requirement for the zoning district in which the flag lot is located. The area of the access strip or stem shall not be calculated as part of the required lot area for the flag lot.

The maximum building coverage requirement and the maximum impervious surface ratio requirement shall be calculated utilizing the lot area excluding the area of the access strip or stem. The impervious surface area of the access strip or stem, however, shall count when calculating impervious surface for the lot.

The building setback line for the flag lot shall meet the minimum required setback dimensions for the zoning district in which the flag lot is located. The setback lines shall be established at the flag portion of the lot. The front yard depth or building setback shall be measured from the access strip or stem (extended through the lot) and from the rear property line of any adjacent property. All other setback requirements shall comply with the rear yard setback provisions.

The driveway serving one flag lot shall be at least 12 feet in width. All such driveways shall be paved for the entire length.

Where permitted, a common driveway serving two flag lots shall comply with the following design requirements:

No more than two access strips serving such lots may be located adjacent to each other, and any additional access strip to another such lot shall be separated by a full lot width, as required by the district in which the land is located.

All other pertinent design standards and specifications for driveways shall be applied to the design of a driveway serving a flag lot or common driveway serving flag lots, as determined appropriate by Northampton Township.

Steep slopes, provided that:

Within any area of the Floodplain and Flood Hazard District or within 50 feet of the center line of any stream, creek, river or other watercourse, whichever is greater, except as permitted in Part 7.

Within any wetlands.

Within 100 feet of any wetlands, vegetation (or to the limit of wet or hydric soils, whichever is shorter), lake shoreline or pond shoreline, provided that no more than 20% of such areas may be developed and/or regraded or stripped of vegetation.

Within any forest area, provided that no more than 20% of such areas may be developed and/or regraded or stripped of vegetation.

Water and sewer systems, including wells, pump houses, standpipes and ancillary structures.

Township buildings, recreation buildings, sewer treatment plants, emergency services facilities or other municipal uses not specified herein shall comply with the following minimum area and development regulations:

There shall be no minimum area and development regulations for detention basins or retention basins.

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.

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 Township justifying the total height of the structure.

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. 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 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 as being of historic significance.

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 Township.

Lighting. Tower-based WCF shall not be artificially lighted, except as required by law and as may be approved by the Township. 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.

Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

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 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 WCFs shall comply with all Federal and State laws and regulations concerning aviation safety.

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

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 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 applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.

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

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

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

Development Regulations.

Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street 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 Township 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 Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Design Regulations.

Surrounding Environs.

Fence/Screen.

Accessory Equipment.

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

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 Township 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 Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township.

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

Prohibited in Residential Zones. No tower-based WCF shall be located within a residential zone or within 500 feet of a lot in residential use or a residential district boundary. Tower-based WCFs are only permitted in such districts as specified in §§ 27-602 and 27-1116.

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 non-existence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.

Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the property or parcel of the proposed facility and of every property zoned residential not on the same street 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 Township 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 Township 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 Township 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 Township and the requirements of the Public Utility Code.

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 Township. In addition:

Design Regulations.

Visual or Land Use Impact. The Township 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.

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

Relocation or Removal of Facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of 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 Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Compensation for ROW Use. In addition to permit fees as described in Subsection 1O, above, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township'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 Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

The following regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:

Development Regulations. Non-tower 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 Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

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

Co-Location. Non-tower 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 non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.

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

Equipment Location. Non-tower 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 Township. In addition:

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

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

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

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

Police Powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable Federal, State and local laws and regulations.

Clear-cutting of all vegetation shall not exceed areas of more than five acres or more than 20% of the forest, whichever is less, on an annual basis except where pursuant to a State forestry cutting program.

A reforestation and maintenance program prepared by either a professional forester or arborist shall be submitted which shall include a program for reestablishment of the forest or wooded area on a sustained yield basis.

For commercial uses, a long-range cutting program to ensure that the forest is retained as an entity during the entire program. Such a program shall indicate the condition of the forest on a map showing:

For clearing purposes, the proposed future use must be stated, if any is identified.

All plans shall show how the general habitat and visual block of the forest is to be maintained so that the forest retains its visual and habitat qualities at all stages of the long-range cutting plan.

A performance bond or other financial security in an amount and form approved by the Board of Supervisors shall be posted to ensure reforestation.

A signed agreement shall be recorded with the provision that no cutting or clearing shall be considered to reduce the area of forest for any development, proposed or not, pursuant to the provisions of this chapter.

The review and approval of the reforestation and maintenance program, including a soil sedimentation and erosion control plan, by the Bucks County Conservation District and the Pennsylvania Department of Environmental Protection shall be required.

To improve the aesthetics, architectural appearance, commercial centers, and streetscape design within defined areas within Northampton Township.

To establish uniform design standards to be referenced as the "Village Overlay Design Standards," which reflect the overall community vision.

To require uniform streetscape improvements and site enhancement measures such as street trees, streetlights, curbing, sidewalks, pedestrian crosswalks, architecture, controlled signage, traffic calming measures and gateway planning in accordance with the village overlay design standards.

To improve the modes of transportation by enabling automobile, pedestrian and bicycle traffic to coexist in a planned and harmonious community.

To retain and expand existing businesses to preserve a sound tax base and provide employment opportunities.

To encourage adaptive reuse and redevelopment opportunities.

To provide incentive-minded parameters to attract or expand desirable uses.

To provide an expedited review process in order to achieve the overall purpose and objective of the Village Overlay District as well as to provide incentives for land owners and the private development community.

To implement the recommendations for land use planning, economic development and transportation, which are contained within the Northampton Township Comprehensive Plan.

All uses shall be serviced by public sewage disposal facilities and public water supply facilities.

Unless otherwise permitted or specified by this chapter, only one principal use shall be permitted per lot, which complies with the minimum and maximum dimensional requirements established under this section.

A combination of uses may be permitted, provided that each of the principal uses are either:

Telecommunication facilities shall not be permitted as a principal or subordinate use within the Village Overlay District. Collocation with existing telecommunication facilities shall be permitted by conditional use.

All permitted uses shall be planned and designed to meet the community development objectives of the Village Overlay District. All such permitted uses shall not be considered as a detriment to the health, safety or general welfare of the community.

The minimum net lot area shall be 15,000 square feet, whether it is for one individual use on a lot or multiple permitted uses within a building on a lot.

The minimum lot width shall be 75 feet per lot.

The front yard setback shall be at least 20 feet, as measured from the legal right-of-way line.

The front yard setback shall be no more than 40 feet, as measured from the legal right-of-way line.

The side yard setback shall be 10 feet for each side.

The rear yard setback shall be 20 feet.

The maximum height of the buildings shall be 45 feet.

The maximum building coverage shall be 50% of the approved lot.

The maximum lot coverage shall be 70% of the approved lot.

The purpose of the Blighted Waterfront Redevelopment Area is to advance the purpose and objectives of the Village Overlay District. In addition to the purpose and objectives outlined in § 27-1125, Subsection 1, the Blighted Waterfront Redevelopment Area shall also be in accordance with the following:

Eligibility. Parcels incorporated into the Blighted Waterfront Redevelopment Area are identified on Appendix A.[1]

All applications must comply with § 27-1125, Subsections 1 through 6, of the Northampton Township Zoning Ordinance except as identified below given the unique environmental characteristics and topography:

Northampton Township seeks to provide opportunities for alternative and emerging energy facilities while regulating the use of potentially intrusive facilities, equipment and machinery.

The purpose of this section is to establish provisions for the design, permitting, construction and operation of alternative and emerging energy facilities within Northampton Township, subject to reasonable conditions that will protect the public health, safety and/or general welfare of the community.

Alternative Energy. A source of energy generated from solar, water, wind, geothermal or similar sources, which is capable of providing energy and utility provisions to a permitted use.

Alternative Energy Facility. A private facility capable of converting solar, water and/or wind into a viable energy source and utility provisions for a permitted use. Such facilities may include solar panels, wind turbines, geothermal systems and/or other similar alternative energy facilities.

Applicant. A person or entity filing an application under this section.

Attached Alternative Energy Facility. A facility that is physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building in accordance with all pertinent zoning, utility and building code requirements.

Emerging Energy. A source of energy generated from a renewable or green technology source, other than solar, water, wind or geothermal sources, which is capable of providing energy and utility provisions to a permitted use.

Emerging Energy Facility. A private facility capable of converting renewable or green technology energy sources into a viable energy source and utility provisions for a permitted use.

Facility Owner. The entity or entities having an interest in the alternative and/or emerging energy facility, including their successors and assigns.

Freestanding Alternative Energy Facility. A facility that is not physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building. All such facilities shall be considered a separate or accessory structure that has the abilities to convert and convey energy to the principal use in accordance with all pertinent zoning, utility and building code requirements.

Hub Height. The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade or other accessory components are attached.

Landowner. Any person(s) or entity owning property within Northampton Township.

Nonparticipating Landowner. Any landowner except those on whose property all or a portion of an alternative and/or emerging energy facility is located pursuant to the provisions of this chapter.

Operator. The entity responsible for the day-to-day operation and maintenance of the alternative and/or emerging energy facility.

Occupied Building. A building located on a parcel of land utilized as a permitted use in accordance with the provisions of Northampton Township.

Private Energy and Utility Provider. A principal use owned, operated and/or maintained by a private or independent utility company for the purposes of providing energy within a defined service area or grid system in accordance with the provisions established by the Public Utility Commission and the Public Utility Code.

Turbine Height. The distance measured from the surface of the tower foundation to the lowest and/or highest point of the turbine rotor plane.

Wind Turbine. A wind energy conversion system that converts wind energy into electricity through the use of a generator, which may include a nacelle, rotor, tower, transformer pad, blades, spirals, helixes and/or and the supporting energy apparatus.

Wind Energy Facility. An electric generating facility, whose main purpose is to convert and supply electricity to a permitted use. Such facilities may include wind turbines, blades, spirals, helixes and/or other accessory wind generating structures, which may also include buildings, substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

Wood-Fired Boiler. An alternative energy facility designed to burn wood or other organic fuels, which transfers heated air or liquid through a piping or ventilation system to a principal use. All such systems are generally contained within an accessory structure that is not intended for habitation by humans or animals. An out-door wood-fired boiler may also be known as outdoor wood-fired furnaces, outdoor wood-burning appliances, outdoor hydraulic heaters and/or hot water stoves. All such facilities shall be prohibited as an alternative or emerging energy facility.

This section shall apply to all alternative and emerging facilities that are proposed to be constructed after the effective date of this section.

Alternative and/or emerging energy facilities constructed prior to the effective date of this section shall not be required to meet the requirements specified under this section. Any physical modification to an existing alternative or emerging energy facility that alters the size, type and generating capacities of the facilities shall require a permit and shall comply with the applicable provisions specified under this section.

Alternative and/or emerging energy facilities may be considered as an accessory use within all zoning districts, provided that the principal use is a permitted use or conforming use within the zoning district on which the alternative and/or emerging energy facility is located.

Alternative and/or emerging energy facilities may be utilized as the primary energy source by the principal use of the lot on which it is located. Surplus energy may be exchanged, transferred and/or sold to a public or private utility company, provided that such surplus energy is exchanged, transferred and/or sold in accordance with the provisions established by the Public Utility Commission and Public Utility Code, 66 Pa.C.S.A. § 101 et seq.

Private energy and utility providers, as defined under Subsection 2, shall comply with all provisions established by the Public Utility Commission and the Public Utility Code, 66 Pa.C.S.A. § 101 et seq.

The following provisions shall specifically apply to wind turbines or wind energy facilities:

The following provisions shall specifically apply to solar energy systems:

The following provisions shall specifically apply to geothermal energy systems:

The following provisions shall specifically apply to emerging energy facilities:

Wood-fired boilers, as defined under Subsection 2, shall be prohibited as an alternative or emerging energy facility serving any permitted use.

The following renewable energy resource protection provisions shall apply to alternative or renewable energy resource protection:

The following setback modifications may be considered for alternative and/or emerging energy facilities as part of a zoning variance application:

The following provisions shall apply to noise, shadow flickering and/or interference involving alternative and/or emerging energy facilities:

No alternative or emerging energy facility shall be located, modified or constructed within Northampton Township unless a permit has been issued to the landowner in accordance with the provisions of this section.

The permit application and special exception application shall be accompanied with a fee in the amount specified by Northampton Township.

The permit application and special exception application shall demonstrate that the alternative or emerging energy facility will comply with the provisions contained under this section. The following specific items shall be provided by the applicant:

As part of the permit or special exception application, Northampton Township may attach reasonable conditions and safeguards in order to consider the health, safety and general welfare of the applicant and the adjacent property owners.

The following provisions shall apply to emergency service requirements for an alternative or emerging energy facility:

Pursuant to the time limitations specified for a permit application, Northampton Township will determine whether the application is administratively complete and advice the applicant accordingly.

Pursuant to the time limitations specified by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., and the State-wide Building Code [Chapter 5, Part 1], Northampton Township shall consider the permit or special exception application. The applicant may be afforded an opportunity to present the project to the designated municipal officials, as well as answer questions about the project.

Throughout the permit process, the applicant shall promptly notify Northampton Township of any changes to the information contained in the permit or special exception application.

The design of the alternative or emerging energy facility shall conform to applicable industry standards, including those of the American National Standards Institute, the Uniform Construction Code [Chapter 5, Part 1], and/or other pertinent codes adopted by Northampton Township.

Unless otherwise required by Northampton Township, the following provisions shall apply to the use of public roads involving the transport of alternative and/or emerging energy facilities.

All wind turbines and wind energy facilities shall be equipped with a redundant braking system, which shall include both aerodynamic over-speed 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 over-speed protection.

Above-ground alternative and emerging energy facilities shall be clear-coated, transparent, and/or be designed with a non-obtrusive color such as white, off-white, gray or black. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Above-ground alternative and emerging facilities shall not display advertising, except for reasonable identification of the manufacturer.

On-site transmission and power lines between an alternative or emerging energy facility shall be placed underground.

Clearly visible warning signs concerning voltage must be placed at the base of all above-ground 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.

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 non-authorized persons.

Above-ground alternative and emerging energy facilities shall not be combined with other support towers or accessory structural components that are devoted to or utilized by public or private utilities.

The landowner and the operator shall be responsible for repairing any excess damage to public or private roads caused by the alternative and emerging energy facility.

Unless otherwise required by Northampton Township, the landowner shall maintain a general liability policy covering bodily injury and property damage with a minimal limit of at least $1 million per occurrence and a minimum of $1 million in the aggregate. Certificates shall be made available to Northampton Township upon request.

The landowner or facility operator shall, at its expense, complete decommissioning of the alternative or emerging energy facility within 12 months after the end of the useful life of the alternative and emerging system. The alternative or emerging energy system will presume to be at the end of its useful life if no energy is generated for a continuous period of 12 months.

The removal of the above-ground alternative or emerging energy facility components shall be completed within 12 months of decommissioning of the alternative or emerging energy system. All disturbed earth shall be re-stored, graded and re-seeded.

Unless otherwise required by Northampton Township, the landowner shall be responsible for the following financial and inspection provisions as part of the decommissioning efforts:

If the landowner or facility operator fails to complete decommissioning during the prescribed period of 12 months, Northampton Township may take such measures as necessary to complete decommissioning in accordance with the laws of Northampton Township and the Commonwealth of Pennsylvania.

The landowner and the facility operator shall provide Northampton Township with a telephone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the alternative or emerging energy facility.

The landowner and the facility operator shall consult with a qualified inspector every 12 months to determine if the alternative and emerging energy facility is operating in accordance with the specifications of the manufacturer.

It shall be unlawful for any landowner, person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this section. If Northampton Township determines that a violation has occurred, a notice of violation shall be issued to the landowner and/or facility operator in accordance with the laws specified by Northampton Township and Commonwealth of Pennsylvania.