Solebury Township City Zoning Code

Single-Family Detached Dwellings. The following shall apply to mobile homes, pre-fabricated and modular dwellings:

Mobile Home Park.

(Reserved)[1]

Long-Term Residential Health Care Facility.

Short-Term Residential Health Care Facility. A short-term residential health care facility must meet all the requirements of § 27-2602, Subsection 1D, with the exception of § 27-2602, Subsection 1D(8) if such services would interfere with the facility's goals for rehabilitation and treatment of resident patients. If apartment buildings are incorporated into the facility, they shall be no higher than two stories, instead of the height specified in § 27-2602, Subsection 1D(2)(d).

Multifamily Residential Development.

Day-care center.

Kennel.

Private Recreational Facility.

Community Center.

Golf Course.

Office Park.

Adult Commercial. This use is subject to the following conditions:

Village Retail. The retail sale of goods and commodities where all of the items for sale shall be contained and sold from within the building. This use does not include the sale of items such as: automobiles, trucks, motorcycles, farm equipment, boats, recreational vehicles, and gasoline.

Restaurant.

Amusement Hall and Arcade.

Outdoor Motion Picture Establishment.

Motor Vehicle Fuel Station. Motor vehicle fuel station is a facility whose function is the sale of gasoline and fuels for motor vehicles. Minor automobile accessories and prepared, pre-packaged food and beverage items may also be sold, subject to the limitations of this chapter. Convenience commercial floor areas shall be limited to 2,000 square feet. Routine automobile service and inspections may be performed and may include lubricating, repairing or otherwise servicing motor vehicles but shall not include painting, body and fender repairs, or vehicular sales. This use is distinguished from and does not include a motor vehicle service center/repair shop where automobile parts and accessories are sold and installed within the facility but where there is no sale of fuel. Any facility which provides for gasoline or fuel sales directly to retail customers shall be considered to be a motor vehicle fuel station and shall meet the requirements of this use and shall only be permitted in the zoning districts where this use is permitted.

Convenience Store. A retail store offering primarily groceries, prepared food items, and other small consumer items intended for quick carry-out trade. There shall be no sale of gasoline or fuel in connection with a convenience store.

Motor Vehicle Service Center/Repair Shop. An establishment where motor vehicle parts and accessories are sold and facilities where parts may be installed; an automobile repair garage, oil changes, lubrication, paint spraying and body and fender work. The following requirements shall be met:

Specialty Shopping Center.

Shopping Center.

Mini-Warehouse.

Quarry activities shall be subject to the Surface Mining Act, 52 P.S. § 3301 et seq., and the following provisions:

Recycling and Refuse Facility.

Solid Waste Landfill.

Incinerator.

Solid Waste Management Facility.

Shooting Range.

Riding Academy.

Age-Qualified Detached Dwellings.

Car Washing Facilities. An automated or self-serve facility for washing motor vehicles shall be permitted as an accessory use to a motor vehicle fuel station.

Cemetery. No burial plots, structures or parking area within the one-hundred-year floodplain. All cemeteries must comply with Chapter 8, Floodplains, and Chapter 27, Part 21, Floodplain Conservation District.

Village Conversion. The conversion of an existing principal or accessory residential building into a village retail, village service, village office, cultural, or religious use.

Village Service. A service or repair business including: spas, therapeutic massage, yoga and the like; traditional service businesses such as barbers, beauticians, tailors, and the like; arts and crafts studios or galleries for artists, photographers, potters, and other persons creating homemade articles; or repair businesses for appliances, televisions, shoes, bicycles, and small business machines. This use shall not include the repair and/or servicing of vehicles or tools powered by an internal combustion engine.

Village Office. An office which is used and occupied by a business, professional, or governmental entity.

Medical Marijuana Dispensary Facility. An activity or operation owned and operated by a "dispensary," as that term is defined in Act 16 of 2016, known as the "Medical Marijuana Act" ("Act").[2] As used in this Subsection 1KK, "dispensary company" shall have the same meaning as the term "dispensary" defined in the Act. Medical marijuana dispensary facilities shall be subject to the following regulations:

Medical Marijuana Growing/Processing Facility. An activity or operation owned and operated by a "grower/processor," as that term is defined in Act 16 of 2016, known as the "Medical Marijuana Act" ("the Act").[3] As used in this Subsection 1LL, "grower/processor" shall have the same meaning as the term defined in the Act. Medical marijuana growing/processing facilities shall be subject to the following regulations:

Dog Daycare. This use is subject to the following conditions:

Farm Animal Veterinary Care Facility. This use is subject to the following conditions:

Bed-and-Breakfast Inn/Small Short-Term Lodging Facility.

Hotel, Motel, or Inn/Large Short-Term Lodging Facility.

Banquet, Catering, or Event Use.

Permanent Facilities for Sale of Consumer Fireworks.

Temporary Facilities for Sale of Consumer Fireworks.

Nonfamily Community Residential Facility.

Medical Office/Wellness Center/Health Clinic.

Warehouse and Distribution Facility.

Data Centers.

Uses Accessory to Agriculture. Agricultural accessory uses in existence on the effective date of this Zoning Ordinance amendment do not require a zoning permit, unless enlarged or have been discontinued. As indicated hereafter, certain agricultural accessory uses established after the effective date of this chapter require a zoning permit. Amplified music or sound must comply with the requirements of Chapter 10, Part 2, Excessive Noise and Other Nuisances, of the Solebury Codified Ordinances, §§ 10-201 through 10-206.

Uses, Buildings, and Structures Accessory to Dwellings.

Accessory Use Structures in Yards. In any district, unless otherwise specified, accessory use structures or buildings may be located, erected or maintained in the side yard, or in any rear yard, provided that in no case shall such accessory use structure or building be closer to any lot line than 15 feet, except for:

Swimming Pools. Swimming pools permitted as an accessory use shall comply with the following conditions and requirements:

Tennis Courts. A tennis court, fences and related lighting may be located in either a rear or side yard and shall not be closer to a rear or side lot line than the distance of the required building setbacks of the District in which is it proposed. Tennis court fences shall be permitted, but shall not exceed 12 feet in height. A tennis court may be located in the front yard if it is no closer than 300 feet from the front lot line.

Microwave Antennas for Satellite Communication. All parabolic ground based reflectors, together with the pedestal and any other attachments and parts, commonly referred to as a dish shaped antenna, used or intended to receive radio or electromagnetic waves from an overhead satellite shall conform to the following:

Incidental Temporary Structure or Use.

Livestock, Horse and Pony Regulations. The following requirements shall govern the keeping of livestock and the keeping of horses or ponies, for recreational purposes:

Home Occupation.

Child Day Care. A child day care use is a facility in which care is provided for six or fewer children at any one time.

Home Professional Office.

(Reserved)

No-Impact Home-Based Businesses.

Dwelling in Combination with a Business. A live/work dwelling unit which contains a compatible commercial accessory use such as a gallery, studio, or facilities for classes.

Individual Backyard Composting Facility.

Truck Terminal.

Overnight Truck Parking.

The plans for the conversion of said dwelling shall be submitted to the Board of Supervisors.

Such plans shall provide adequate and suitable parking and screening in accordance with Part 23.

In order to qualify for conversion, the building must be located on a lot with an area not less than twice the minimum single-family lot area of the district. No more than two dwelling units on a lot shall be created through conversion.

There shall be no external alteration of the building, (except as may be necessary for reasons of safety) that will disrupt the residential character of the surrounding area. Fire escapes and outside stairways shall be located in the rear of the building.

Buildings. No principal or accessory building or structure shall be located closer than 100 feet to the rim of sinkholes, closed depressions, ghost lakes, surface pinnacles, lineaments, fracture traces, or disappearing streams.

Underground Storage of Liquid Fuels and Other Hazardous Liquids. Liquid fuels and other hazardous liquids shall not be stored underground within or within 200 feet of a carbonate geologic formation.

Recycling and Refuse Facilities, and Solid Waste Landfills. No such facilities shall be permitted within or within 200 feet of a carbonate geologic formation.

On-Lot Sewage Disposal Systems. Proposed on-lot sewage systems shall meet the requirements of the Bucks County Department of Health "policy and procedures, then in effect, for the issuance of on-lot sewage permits over limestone" for sites located within or within 200 feet of areas identified as having carbonate (limestone) geology in the "Conservation and Management Practices for Buckingham and Durham Carbonate Valleys," February 1985, prepared by the Bucks County Planning Commission and International Explorations, Inc. regardless of lot size.

Nothing other than parking for single-family residences, landscaping and a wood fence which may be lined with a wire mesh shall be permitted in the setback. Existing uses shall be considered nonconforming and shall be governed by § 27-2610.

No roads or driveways shall be permitted in the setback, except where there is no other access to the property.

The setback requirement shall terminate at the edge of River Road, i.e., it shall not extend to land on the opposite side of River Road from the canal.

The one-hundred-fifty-foot setback shall not be required along the canal within a village which has been placed on the National Register of Historic Places (Phillips Mill, Centre Bridge and Lumberville). In these villages, the setback set forth in the applicable zoning district in effect shall govern.

When a new structure is constructed, the structure shall be laid out so that only the minimum number of mature trees are removed.

Structures as set forth in Subsection 3, parking for a single-family dwelling unit, and a wood fence, which may be lined with a wire mesh is permitted in the setback area. Existing uses shall be considered nonconforming and shall be governed by § 27-2510.

No roads or driveways shall be permitted in the setback areas except where there is no other access to the property. Where this is no other access, the road or driveway shall be designed to minimize any adverse impact on the village. Permission to construct a road or driveway within a setback area shall be as a conditional use which may be granted only upon proof that there is no other location on the lot outside the setback area where the road or driveway may be built in compliance with this chapter. In granting a conditional use, the Board of Supervisors shall specifically require that the road or driveway be located and landscaped in such manner as to represent the minimum intrusion into the setback area and shall be landscaped to minimize the impact on the adjacent village.

Where the boundary of the village is a road, there shall be a minimum building setback of 175 feet from the ultimate right-of-way of the road on the side of the road opposite the historic district.

The setback area may be coterminous with the required front, side, or rear yards, and in case of conflict, the wider yard requirements shall apply.

All setback areas shall be maintained and kept clean of all debris and rubbish.

When a new structure is constructed, such structure shall be sited so that only the minimum number of mature trees are removed.

A one-hundred-fifty-foot setback shall be provided from the right-of-way of any road designated as scenic in the Township Comprehensive Plan.

Structures as set forth in Subsection 3, parking for a single-family dwelling unit, a wood fence which may be lined with a wire mesh, and deer fence installed pursuant to § 27-2604 are permitted in the required setback area. Existing uses shall be considered nonconforming and shall be governed by § 27-2510.

Where approved as a conditional use by the Board of Supervisors in accordance with applicable provisions of Parts 26 and 28, any use otherwise permitted in the base zoning district shall be permitted within the required setback area subject to provision of a visual buffer designed, installed, and maintained in a manner acceptable to the Board of Supervisors. At the discretion of the Board of Supervisors, existing vegetation or topographic features may substitute for required buffer plantings where the applicant demonstrates to the satisfaction of the Board that such features conceal the proposed use from view from the affected scenic road.

The one-hundred-fifty-foot setback shall not be required along scenic roads within the designated boundaries of Historic Districts at villages on the National Register of Historic Places (Carversville, Phillip's Mill, Centre Bridge and Lumberville). Within these historic districts, applicable setbacks as otherwise set forth in this chapter shall apply.

Landscape treatment such as berms, fences, gates or walls which aid in screening and do not conflict with the character of adjoining properties, or block the clear sight distance required at intersections.

Appurtenant landscaping structures such as tree wells, tree guards and tree grates and retaining walls used to preserve stands of existing trees or used for other functional purposes.

Road and driveways which provide direct ingress/egress for the tract or lot, including appurtenant structures within such road rights-of-way such as curbs, sidewalks, signs, lighting standards or benches are permitted within the scenic setback and by conditional use within the historic resources setback (refer Subsection 1B).

Underground utilities.

Landscape treatment such as berms, fences or walls which aid in screening and do not conflict with the character of adjoining properties, or block the clear sight distance required at intersections.

Appurtenant landscaping structures such as: tree wells, tree guards and tree grates and retaining walls used to preserve stands of existing trees or used for other functional purposes.

Roads which provide direct ingress/egress for the tract or lot, including appurtenant structures within such road rights-of-way such as curbs, sidewalks, signs, lighting standards or benches.

Underground utilities.

No other structure shall be placed within the buffer area and/or buffer planting strip, and no manufacturing or processing activity, or storage of materials shall be permitted, except as set forth in § 27-2607, Subsection 1B.

Any application for preliminary and/or final plans or applications/building permits in the RD, Residential Development District, TNC, Traditional Neighborhood Commercial District, LT, Light Industrial District or QA, Quarry Agricultural Districts; provided however, than an EIA report shall not be required for any proposed structure or use in the TNC or LI Districts which is less than 8,000 square feet in area or an alteration or addition to an existing building use in any of the foregoing districts which is less than 8,000 square feet in total area. Area shall be computed as the total of the floor area of the building and/or the area devoted to the use, whichever is larger.

Any development in the RA and RB District which involves five or more dwelling units or lots, any one of which is less than 10 acres in size. A subdivision of lots all of which are greater than 10 acres in area shall be exempt from the requirement of an EIA report only if all of the lots are deed restricted from further subdivision.

Any application for a conditional use, variance, special exception or petition for a change of zoning where it is deemed necessary by the Board of Supervisors because of the potential adverse effects of the application.

Overview. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be considered and the uses intended. The resident population, working population and visitor population shall be projected. The basis of the projections shall be clearly stated in the report.

Compatibility. The compatibility or incompatibility of the proposed project shall be described in relation to the following:

Location. An identification of the site location and area through the use of a location map drawn at a scale of not more than 2,000 feet to the inch. The location map shall depict all streets, adjoining properties, zoning district boundaries and municipal boundaries within 2,500 feet of any part of the tract. In the case of development of only a portion of the entire tract, the location map shall also show the relationship of the section to the entire tract.

Photographs. An identification of the character and appearance of the site through the presentation of black and white photographs or copies thereof. Such photographs shall provide a representation of what the site looks like from ground level. Photographs shall be properly identified or captioned and shall be keyed to a map of the site.

Description of the Project. An identification of the nature of the proposals through the presentation of the following:

Physical Resources Inventory. An identification of physical resources associated with the natural environment of the tract including such features as geology, topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not smaller than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report.

Biological Resources Inventory. An identification of biological resources associated with the natural environment of the tract including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not smaller than 100 feet to the inch, as specified below; and may be either incorporated into the EIA report or submitted as attachments to the report.

Land Use Inventory. An identification of the land use conditions and characteristics associated with the tract such as: current and past use, land cover and encumbrances; and the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps drawn at a scale of not smaller than 100 feet to the inch, shall be incorporated into the EIA report or submitted as attachments to it.

Surface Water Inventory. Describe existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Calculate existing surface runoff from the site and the associated watershed, including the potential development of the remainder of the watershed. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters. When required, floodplain areas will be mapped in consultation with the Department of Environmental Protection. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined. Additionally, wetland areas as defined by the Department of Environmental Protection and the U.S. Corps of Army Engineers shall be delineated.

Subsurface Water Inventory. Describe the subsurface water conditions on the site both in terms of depth to ground water and water supply capabilities of the site. Where existing conditions warrant, provide detailed information regarding existing wells within 1,000 feet of the site relative to depth, capacity and water quality. Discuss the water supply capabilities of the adjacent areas and the recharge capabilities of the site.

Existing Features Inventory. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, housing units, accessory structures, utility lines, etc.

Historic Resources Inventory. An identification of the man-made resources associated with or within 500 feet of the tract which are older than 50 years. Areas, structures and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places, the Historic American Building Survey, the Bucks County Conservancy and any which may be identified in the Comprehensive Plan shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map drawn at a scale of not smaller than 100 feet to the inch depicting historic resources shall be incorporated into the EIA report or submitted as an attachment to the report.

Visual Resources Inventory. An identification of the visual resources associated with the tract such as areas which have a particular amenity value and areas which offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at a scale of not smaller than 100 feet to the inch depicting visual resources shall be incorporated into the EIA report or submitted as an attachment to the report.

Community Needs Inventory. An identification of the community facility needs associated with the users and/or residents of the proposed project. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service and postal services) shall be discussed in terms of the ability of existing facilities and services to accommodate the demands of future users and/or residents of the lot(s) and/or tract and the need for additional or expanded community facilities.

Utility Needs Inventory. An identification of the utility needs associated with the users and/or residents of the proposed project and a statement whether the project is within the area to be served by public sewers under the Township's Act 537 Plan. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Utilities (such as those used for water supply, sewage disposal, refuse disposal, storm drainage, communications and electrical transmission) shall be discussed in terms of: the ability of existing utility installations to accommodate the demands of the future users and/or residents of the lot(s) and/or tract; the need for additional or expanded utility installations; the ability to achieve an adequate, potable quantity of water whenever individual wells ate proposed; the ability to achieve an adequate system for on-site sewage disposal whenever such a system is proposed; and the ability to achieve an adequate system for storm drainage and stormwater management. Certificates from the utilities confirming that adequate capacity exists to service the proposed development shall be included.

Transportation System Inventory. An identification of the relationship of the transportation and circulation system needs of the proposed project to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it; and expected traffic volumes generated from the project including their relationship to existing traffic volumes on existing streets for both peak hour and nonpeak hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed project and what improvements are proposed to remedy any physical deficiencies.

Demographics. An identification of the demographic characteristics related to the proposed project. The characteristics which shall be presented in narrative form shall include a profile of the future users and/or residents of the lot and/or tract including information such as the number of people expected. Such information shall be related to initial and completed project conditions.

Fiscal Impact. An identification of the economic and fiscal characteristics related to the proposed project. The characteristics which shall be presented in narrative form shall include a profile of the Township, county and school district revenues which the proposal may generate and the Township, county and school district costs it may create. Such information shall be related to initial and completed project conditions.

Existing Conditions. An identification of characteristics and conditions associated with existing, construction related, and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases and/or radioactive materials.

Licenses and Permits. An identification of all licenses, permits or other approvals required by law for the development and the status of each.

Environmental Controls. An identification of compliance with the Floodplain Conservation District regulations of Part 21.

Impacts Inventory. The implications of the proposed project in terms of: the type of beneficial or adverse effects which may result from it; and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project resources, conditions and characteristics described in Subsection 3E through U above. In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not smaller than 100 feet to the inch, wherein the areas adversely affected flan proposed development are highlighted. Such map either may be incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EA report how and where the findings in the EA report and its attachments are reflected in the project.

Alternatives Analysis. Alternatives within the project which would preclude, reduce or lessen potential adverse impact or produce beneficial effects. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form. The applicant shall comment on alternatives such as: revised location, redesign, layout or siting of buildings, roads and other structures and the reduction in the size of proposed structures or number of structures.

Adverse Impacts. Probable adverse effects which cannot be precluded, including:

Mitigation Measures. Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards, and those unique to a specific project, as follows:

Irreversible Impacts. Any irreversible environmental changes which would occur due to the proposed project should it be implemented. To indicate such changes, the use of non-renewable resources during the initial and continued phases of the project shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and related qualitative effects.

Pre-occupancy Development. All development in the pre-occupancy permit stage in the Township at the time of the filing of the preliminary or final plans, as the case may be, shall be presented in a tabular form as a separate section of the document. In addition, the information provided in Subsection 3N, O, P, Q, R and S shall specifically analyze the impact of the proposed development with respect to those developments already approved and/or submitted for approval in the Township.

Required Information for the Educational Impact Study.

Method of Determining Fiscal Impact on Educational System.

Standards and Criteria for Determining Additional Educational System Impact.

Will not result in appreciable harmful effects to the environment.

Has been designed and conceived with a view toward the protection of resources.

Will not, individually or collectively, place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals.

Promote the health, safety, and welfare of Township residents and businesses with respect to wireless telecommunications facilities.

Preserve the character and appearance of the Township, while allowing adequate telecommunications services to be developed.

Provide for the managed development of wireless telecommunications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of Township residents, Township businesses, Township visitors, and wireless carriers in accordance with federal and state laws and regulations.

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

Encourage the co-location of wireless telecommunications facilities on existing structures rather than the construction of new tower-based structures.

Require, through performance standards, new tower-based telecommunication facilities be located in nonresidential areas.

Protect the scenic, historic, environmental, and natural resources of the Township, and property values therein.

Protect Township residents from potential adverse impacts of wireless telecommunications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable WiFi, and other wireless telecommunications facilities.

Update the Township's wireless facilities regulations to incorporate changes in federal and state laws and regulations.

Standard of Care. Every WTF 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 (when applicable) the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Every WTF 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. Every WTF and support structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA222-E Code, as amended). Such structures must be designed to withstand wind gusts of at least 100 miles per hour with no ice and 78 miles per hour basic wind speed with 0.5 inch radial ice.

Interference. No WTF shall 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. No WTF may, by itself or in conjunction with other WTFs, 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.

Aviation Safety. All WTFs shall comply with all federal and state laws and regulations concerning aviation safety. Towers shall not be illuminated by artificial means and shall not display lights unless such lighting is specifically required by the FAA, FCC, or other federal or state authority.

Lighting. Except as provided herein, the only lighting on the exterior of the telecommunications facility may be a fixture on the telecommunications equipment building not greater than 100 watts, or the functional equivalent, which is activated by a motion sensor. In addition, manually operated emergency lights are permitted for use only when WTF operating personnel are on site, and security lighting may be used as long as it is shielded and pointed towards the ground to retain the light within the boundaries of the property or except as required by law. If lighting is required or proposed, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Noise. All WTFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law, this chapter, and other Township ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Historic Buildings or Districts. No WTF may be placed on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or eligible to be so listed, or has been designated by the Township as being of historic significance. In addition, no WTF may be placed on a building or structure located within a Township-designated Historic District.

Natural Resources. The location of the WTF and all accessory structures and equipment shall comply with all applicable natural resource protection standards of this chapter.

Security. All telecommunications equipment buildings and similar structures/areas shall be equipped with an appropriate security or alarm system for detection of unauthorized entry and fire. All towers, poles, and similar structures shall be fitted with anti-climbing devices, as approved by the manufacturer.

Monitoring and Maintenance. The following requirements shall apply:

Graffiti. Any graffiti or unapproved signs on a tower-based or non-tower WTF or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti or signs.

Indemnification. Every applicant for a WTF shall complete an indemnification provision as a part of the application process. This provision shall provide that each person that owns or operates a WTF will, 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 WTF. Each person that owns or operates a WTF 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 the WTF. 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.

Inspection.

Unsafe WTFs. Should an inspection reveal any structural defect(s) which, in the opinion of the inspector, render(s) that WTF unsafe, the owner of the WTF shall undertake the following actions:

Application and Compliance.

Access Roads and Utilities. Where WTFs require construction of, or improvement to, access roads, access shall be provided over existing driveways and easements, where feasible. Otherwise, such roads should follow the contours of the land to minimize excavation (i.e., cuts and fills) and should be constructed or improved along the edge of fields and/or forests. The applicant shall maintain the access and shall ensure that no mud or dirt is conveyed onto public roads. Utility or service lines shall be underground, and designed and located so as to minimize disruption to wildlife habitat, agricultural lands, and scenic areas.

Antennas. Omnidirectional or whip communications antennas shall not exceed 20 feet in height or seven inches in diameter. Directional or panel communications antennas shall not exceed five feet in height or three inches in width. No microwave dish antennas shall be attached to a wireless support structure.

Location.

Gap in Coverage. An applicant for a tower-based WTF 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 WTF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

Co-Location.

Timing of Approval. Within 30 calendar days of the filing of an application for a tower-based WTF with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Any application for a tower-based WTF shall be acted upon within 150 days of the receipt of a fully completed application for a tower-based WTF. 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 one-hundred-fifty-day review period. The Township shall advise the applicant in writing of its decision on the application.

Removal. In the event that use of a tower-based WTF 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 WTFs or portions of WTFs shall be removed as follows:

Signs. All WTFs shall post a sign no greater than two square feet indicating the name of the telecommunications facility owner(s) and a twenty-four-hour emergency telephone number adjacent to the entry gate. In addition, radio frequency radiation (RFR) warning signs and the federal tower registration plate, where applicable, shall be posted on the fence or as required to meet federal requirements. "No Trespassing" signs may be posted at the discretion of the WTF owner(s). No commercial signs shall be placed on any WTF.

Additional Antennas. All tower-based WTF applicants shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on its tower-based WTF where technically and economically feasible. The owner of a tower-based WTF shall not install any additional antennas without obtaining the prior written approval of the Township.

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

Bond. Prior to the issuance of a permit, the owner of a tower-based WTF shall, at its own cost and expense, obtain and maintain a bond or other form of security acceptable to the Township Solicitor, in an amount of $100,000 from a surety licensed to do business in Pennsylvania. Such bond or security shall assure the faithful performance of the terms and conditions of this chapter and 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 original of said bond or security shall be provided to and held by the Township.

Guy Wires. All guy wires associated with guyed towers shall be clearly marked so as to be visible at all times and shall be located within the fenced enclosure.

Wetlands. All tower-based WTFs shall be prohibited from being in or within 500 feet of any wetlands, any wildlife habitat for any threatened or endangered species.

Height. Every WTF shall be designed at the minimum functional height. All WTF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any WTF located in the public rights-of-way shall not exceed 50 feet, which height shall include all subsequent additions or alterations.

Design Requirements.

Equipment Location. All WTFs 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 WTF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any WTF 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:

Compensation for ROW Use. In addition to permit fees as described above, every tower-based WTF 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 WTF 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 tower-based WTFs 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 WTFs.

Height. Any tower-based WTF shall be designed at the minimum functional height. All tower-based WTF applicants must submit documentation to the Township justifying the total height of the structure and shall not exceed the minimum height necessary to provide adequate coverage for the telecommunications use proposed for the tower. The maximum total height of any tower-based WTF shall not exceed 110 feet, which height shall include all subsequent additions or alterations. The Board of Supervisors, in its sole discretion, however, may permit the height to exceed 110 feet in order to accommodate a proposed co-location and shall determine the maximum height of any tower-based WTF based upon the above-requirements.

Design Regulations and Finishes.

Surrounding Environs.

Notice. In conjunction with an application for any WTF which shall be located outside the public rights-of-way, the applicant shall mail notice thereof to the owners and tenants of every property within 1,500 linear feet of the site of the proposed facility. Such notice shall be made by regular mail to the landowner's last known address. The address on the tax rolls shall be considered the last known address. Such notice shall be mailed within 15 days of the submission of the application. Verification of mailing, including a copy of the names, addresses, and tax parcel numbers of each person to whom the notice was mailed shall be given to the Township within 15 days of submission. Where applicable, notice of the conditional use hearing date shall be mailed to each of the persons listed on the verification.

Sole Use on a Lot. A tower-based WTF is permitted as a sole use on a lot so long as the minimum setbacks, as measured from the required security fence, are either 75% of the height of the wireless support structure or the yard setbacks applicable to the zoning district in which the WTF is located, whichever is greater.

Combined with Another Use. A tower-based WTF may be permitted on a lot with an existing agricultural, industrial, commercial, institutional, or municipal use, subject to the following conditions:

Fence/Screen.

Accessory Equipment.

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WTF. 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. One off-street parking space, or one space per employee, whichever requires the greatest number of spaces, shall be provided. Where necessary, the WTF owner shall present documentation to the Township that the property owner has granted an access easement for the proposed facility.

Permitted in All Zones Subject to Regulations. Non-tower WTFs are permitted by right in all zoning districts in accordance with the restrictions and conditions prescribed within this chapter and subject to the prior written approval of the Township.