The nonconforming use of land or a nonconforming use which is not entirely enclosed within a building shall not be extended.

The nonconforming use of a building shall not be extended or enlarged, and a nonconforming building shall not be extended or structurally altered, except insofar as is required by law to assure the structural safety of a building, unless such extension, enlargement or alteration does not increase the extent to which the nonconforming building does not conform to the requirements of this chapter, or unless the Zoning Hearing Board shall as a special exception authorize the extension of a nonconforming use of a portion of a building throughout the building, or the limited extension of a building on a lot, provided that:

The nonconforming use of land or a nonconforming use which is not entirely enclosed within a building shall not be changed to any use other than a conforming use.

The nonconforming use of a building may be changed to a nonconforming use of the same or a more restricted classification if no structural alterations are made therein, provided that such change may include structural alterations when authorized by the Zoning Hearing Board as a special exception.

Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance and use of wireless communications facilities in Willistown Township (referred to herein as the "Township.") While the Township recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting these provisions, the Township intends to:

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

Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the applicant shall mail notice to all owners of every property within 1,500 feet of the property upon which the proposed facility is located. The applicant shall provide proof of the notification to the Township.

Monopole design. All tower-based WCFs shall be monopoles. Such facilities shall be architecturally screened and landscaped to simulate other structures existing in the district, such as light poles, flag poles, farm silos or trees; structures erected adjacent to trees or woodlands shall be camouflaged to resemble woody trees with single trunks and branches.

Uses by right. Uses by right on parcels owned or controlled by Willistown Township, tower-based WCFs may be permitted on any parcel owned or controlled by Willistown Township following review and recommendation by the Planning Commission. Location of said antenna(s) shall be at the discretion of the Township. Antenna(s) mounted on an existing structure shall be constructed to simulate the architectural facade and/or color of the building, structure or object to which they are attached. Freestanding WCFs shall abide by the requirements of Subsection B(3), above. If a separate wireless communications equipment building is proposed as part of the WCF, such building shall be constructed to simulate the architectural facade and color of adjacent buildings.

Conditional uses. Tower-based WCFs are permitted in the Restricted Industrial District by conditional use and only in such location within said district and at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

Engineering inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.

Visual appearance. Tower-based WCFs shall employ stealth technology. As discussed herein, all related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like-facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Township finds that the antenna and related equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The Board of Supervisors may deny an application to construct a new tower-based WCF if the applicant has not made a good faith effort to mount antennas on an existing structure as set forth in this section. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a radius of 1/4 mile of the site proposed, sought permission to install antenna on those structures, buildings, and towers and was denied for one of the following reasons:

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

Additional antennas. 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 antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of 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 (ANSI/EIA/TIA-222-E, as amended).

Height. Tower-based WCFs shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any tower-based WCF, which is not located in the public ROW, shall not exceed 100 feet, as measured vertically from the ground level, including any base pad, to the highest point on the structure, including antennas and subsequent alterations. Should the WCF applicant prove that another provider of wireless communications services has agreed to co-locate antennas on the applicant's tower-based WCF and requires a greater tower height to provide satisfactory service for wireless communications than is required by the applicant, the total height of such tower-based WCF may exceed 100 feet if the applicant is granted a waiver from the Board; however, in no event, shall the tower-based WCF exceed 150 feet.

Related equipment building. Any building or other structure housing related equipment shall comply with the required yard and height requirement of the applicable zoning district for an accessory 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. If measurable interference does result from the installation and use of the tower-based WCF, the owner of the tower-based WCF shall take immediate appropriate measures to abate the interference or cease operation.

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 shall be located on property and/or 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 is included in the official historic structures and/or historic districts list maintained by the Township.

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

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the 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 the Zoning Ordinance. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the WCF applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the review period of 150 days.

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

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. Such fees shall be adopted by resolution of the Willistown Township Board of Supervisors.

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

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

Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $ 5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Facility security. All tower-based WCFs shall have an integral security platform, or other means with locked access, to prevent unauthorized climbing of the tower.

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

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

Proof of annual inspection.

Location. Tower-based WCF which are 40 feet or higher in height shall not be located within 75 feet of any underground utilities (except for sewer and water) and except as otherwise permitted by the Zoning Ordinance. Such tower-based WCFs may be located in the following zoning districts:

Sole use on a lot. A tower-based WCF may be permitted as a sole use on a lot, provided that the underlying lot is at least one acre. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure height.

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

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

Design regulations.

Surrounding environs.

Screening.

Accessory equipment.

Access road. An access drive, turnaround space and necessary parking shall be provided to ensure adequate emergency and service access to a 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.

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

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

Location. Tower-based WCFs which are 40 feet or shorter in height shall not be located within 50 feet of any underground utilities (except for sewer and water) and shall not be located within any right-of-way that directly fronts or abuts the front yard setback area of a residential dwelling. Such tower-based WCFs are permitted within certain districts and along certain corridors and roadways, regardless of the underlying zoning district, as follows:

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.

Permit required. A road opening permit shall be required.

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

Design regulations.

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of 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:

Reimbursement for ROW use. In addition to permit fees as described in this section, 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 following regulations shall apply to all nontower wireless communications facilities located within the Township:

In addition to the regulations of Subsection E(1) of this section, the following regulations shall apply to all nontower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

In addition to the regulations in Subsection E(1) of this section, the following additional regulations shall apply to all nontower wireless communications facilities that do substantially change the wireless support structure to which they are attached:

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

Design regulations.

Removal, replacement and modification. The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennas. Any material modification to a WCF shall require a prior amendment to the original permit or authorization.

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

Co-location. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant shall locate its nontower WCFs on existing poles that do not already act as wireless support structures with Township approval.

Design requirements.

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

A road opening permit shall be required.

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

Accommodate the desire for wind energy turbines in a safe, effective and efficient manner.

Reduce the on-site consumption of utility-supplied electricity by permitting the use of wind as an abundant, renewable, and nonpolluting energy resource.

Reduce carbon emissions and dependence on nonrenewable energy.

Minimize aesthetic and visual effects of wind turbines and support structures through proper design and siting.

Ensure the safety and structural integrity of wind turbines, towers and support structures in compliance with applicable industry standards and requirements.

Preserve the rural, suburban and urban character of neighborhoods adjacent to wind energy systems.

Wind energy systems shall be permitted as an accessory use when authorized by the Zoning Hearing Board as a special exception, in all zoning districts where structures are otherwise permitted by right and subject to the requirements of § 139-122 and § 139-126.

All other uses ancillary to wind energy systems are prohibited unless otherwise permitted in the zoning district in which the system is located.

Setbacks. The base of the support structure shall be set back from all property lines, public rights-of-way, and public utility lines a distance equal to the height of a structure. In addition, no existing dwelling unit shall be within a setback distance of 125% of the total extended height. For purposes of this section, "height of a structure" means the total extended height. Total extended height is defined to include the height of the support structure above grade to a blade tip at its highest point of travel.

Support structure height. The applicant shall demonstrate that the support structure is the minimum height required to function satisfactorily to serve the technical requirements of the applicant. In no case shall the total extended height of the wind energy system exceed 150 feet. Total extended height is defined to include the height of the support structure above grade to a blade tip at its highest point of travel. No wind energy system shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection.

Support structure safety. The applicant shall demonstrate that the proposed support structure is designed and built in accordance with the Township Building Code, is designed and built in accordance with manufacturer specifications for the size and type of wind turbine proposed, that the foundation is engineered to provide adequate support to the turbine and support structure, and that surrounding areas will not be negatively affected by support structure failure, falling ice or other debris. For standard soil conditions (excluding gravel, sand, or wet soil conditions), foundations engineered and developed by the wind turbine manufacturer shall be acceptable unless specific soil tests are deemed necessary by the Township Engineer. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturer.

Support structure design. Only self-supporting (i.e., no guy wires) single-pole (monopole) support structures shall be permitted unless it is demonstrated to the satisfaction of Zoning Hearing Board that safety or engineering concerns necessitate an alternative type of support structure. The applicant proposing a support structure must demonstrate that the structure has been designed and constructed so as to mitigate the visual impact from public roads and nearby uses. In addition, the color and other visual features of the wind energy system shall be designed and installed in such a manner so as to create the least visual impact practicable. The applicant shall demonstrate compliance with this section by, among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent road ways and neighboring properties (with permission of the owners).

Noise. Sound produced by the wind energy system shall not result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line; in no case shall the sound pressure level exceed 55 dB(A) (according to the American National Standards Institute [ANSI] A-weighted scale) at the property line closest to the wind energy system.

Signage. All signs, other than manufacturer's or installer's identification signs, appropriate warning signs, or owner identification signs, shall be prohibited. There shall be no antennae, advertising, or other items or material affixed to or otherwise placed on a wind energy system, except as permitted by the Township. All signs must conform with § 139-110.

Engineered drawing submission. Applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer, unless the Township Engineer determines that engineering drawings prepared by an engineer licensed in Pennsylvania are required. The applicant shall show that all applicable manufacturer's, Commonwealth of Pennsylvania, and U.S. standards for the construction, operation, and maintenance of the proposed wind energy system have been met, including without limitation back feed prevention and lightning grounding. Wind energy systems shall be built, operated and maintained to applicable industry standards of the American National Standards Institute (ANSI).

Compliance with electrical standards. Applications for wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. Further, wind energy systems shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE). The proposed location and operation of the wind energy system shall be demonstrated not to interfere with any broadcast, radio, wireless, or other telecommunications signals or facilities. In all cases, the location of a wind energy system shall be clear of and shall not interfere with any existing trees, structures, wires, and the like. All utilities, lines, cables, wires, and other connections to or from the wind energy system and any other structure associated with the system shall be at or below grade, except as otherwise permitted by the Zoning Hearing Board.

Lighting. Wind energy systems shall not be lighted except as otherwise required by law.

Utility notification. No wind energy system shall be installed without evidence that PECO has been informed of the applicant's intent to install an interconnected customer-owned generator.

Insurance. No insurance shall be required beyond any extended coverage required under the applicant's property insurance. Proof of adequate insurance shall be submitted to the Township as part of the application.

Speed of operation and braking mechanism(s). No wind energy system shall be permitted which lacks an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding and/or excessive pressure on the system or any of its component parts.

Abandonment. Any wind energy system that has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal. All structures or enclosures accessory to the wind energy system shall also be completely removed from the property in like fashion. The former wind energy system site shall be restored to as natural condition as possible within six months of removal of the system.

Assessing wildlife impacts from wind energy systems. Wind energy systems shall be designed to reduce the likelihood of significant adverse effects on wildlife and wildlife habitat.

General standards.

Accommodate the desire for solar energy systems in a safe, effective and efficient manner.

Reduce the on-site consumption of utility-supplied electricity by permitting the use of solar energy as an abundant, renewable, and nonpolluting energy resource.

Reduce carbon emissions and dependence on nonrenewable energy.

Minimize aesthetic and visual effects of solar energy systems through proper design and siting.

Ensure the safety and structural integrity of solar energy systems in compliance with applicable industry standards and requirements.

Preserve the rural, suburban and urban character of neighborhoods adjacent to solar energy systems.

Solar energy systems shall be permitted as an accessory use in all zoning districts where structures are otherwise permitted by right pursuant to the receipt of all necessary construction, electrical and/or mechanical permit(s). Solar energy systems regulated herein are intended to provide energy for the principal use and/or accessory use of the property on which the system is located and shall not be used for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility provider. Generation of energy for commercial purposes is permitted pursuant to Article XV, I Restricted Industrial Districts.

All other uses ancillary to solar energy systems are prohibited unless otherwise permitted in the zoning district in which the system is located.

A solar energy system may be ground mounted or roof mounted consistent with the following:

Glare. All solar energy systems shall be oriented to avoid off-site glare. Applicants shall demonstrate that the solar array has been designed, constructed and oriented to mitigate the visual impact from public roads and nearby uses and that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

Screening and buffering. The color and other visual features of the solar energy system shall be designed and installed in such a manner so as to create the least visual impact practicable. All mechanical equipment associated with and necessary for the operation of the solar energy system shall be screened from any adjacent property; screens may consist of shrubs, trees or other noninvasive plants or where applicable, fencing pursuant to § 139-105. Where warranted, the Township Zoning Officer may require the applicant to demonstrate compliance with this section by, among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent roadways and neighboring properties (with permission of the owners).

Heat load on adjacent properties. No solar energy system shall create any additional heat load on neighboring properties.

Docking station safety. The applicant shall demonstrate that the proposed docking station is, designed and built in accordance with the Township Building Code and manufacturer specifications for the size and type of solar panel proposed, that the foundation is engineered to provide adequate support to the panel array, and that surrounding areas will not be negatively affected by docking station failure.

Noise. Sound affiliated with solar energy systems shall not result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line; in no case shall the sound pressure level exceed 55 dB(A) (according to the American National Standards Institute (ANSI) "a" weighted scale) at the property line closest to the solar energy system.

Signage. All signs, other than manufacturer's or installer's identification signs, appropriate warning signs, or owner identification signs, shall be prohibited. There shall be no antennae, advertising, or other items or material affixed to or otherwise placed on a solar energy system. In no case shall any identification be visible from the property line.

Design requirements. The design of the solar energy system shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Building permits for solar energy systems shall be consistent with the Pennsylvania Uniform Construction Code (UCC) Act 45 of 1999, as amended, and with regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies, as needed. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by the installer and reviewed by the Township.

Lighting. Solar energy systems shall not be lighted except as otherwise required by law.

Insurance. No insurance shall be required beyond any extended coverage required under the applicant's property insurance. Proof of adequate insurance shall be submitted to the Township as part of the application.

Abandonment. Any solar energy system that has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal. All structures or enclosures accessory to the solar energy system shall also be completely removed from the property in like fashion. The former solar energy system site shall be restored to as natural condition as possible within six months of removal of the system and/or necessary roof repairs made to assure structural integrity and protection from the weather.

General standards.

RU, RA, RA-1 (without public water) districts. Accessory structures/buildings as defined herein shall not be less than 20 feet from any property line, provided that such structures/buildings are situated a minimum of 50 feet from the rearmost portion of the principal building. Such structures/buildings shall be no more than nine feet in height. The provisions of this subsection shall not apply to a side or rear yard which abuts a street.

RA-1 (with public water), R-1, R-2, OSC districts. Accessory structures/buildings as defined herein shall not be less than 10 feet from any property line, provided that such structures/buildings are situated a minimum of 20 feet from the rearmost portion of the principal building. Such structures/buildings shall be no more than nine feet in height. The provisions of this subsection shall not apply to a side or rear yard which abuts a street.

R-3 districts. Accessory structures/buildings as defined herein shall not be less than three feet from any property line, provided that such structures/buildings are situated a minimum of 10 feet from the rearmost portion of the principal building. Such structures/buildings shall be no more than nine feet in height. The provisions of this subsection shall not apply to a side or rear yard which abuts a street.

In determining whether a proposed industrial use is or may become noxious, hazardous or offensive, the following standards shall apply. The proposed operation shall not:

The applicant, when requested, shall demonstrate that the proposed use will comply with the standards contained in Subsection A(1) above; adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined above; and the water supply is adequate to meet the additional requirements without danger to the supply to other properties. In order to determine that adequate safeguards are provided, the Zoning Officer, or Zoning Hearing Board in any case where a use is made subject to special exception, may require that the applicant submit necessary information, impartial expert judgments and written assurances; obtain the advice of official agencies or private consultants; and require that the use comply with such tests or provide such safeguards as may be deemed necessary.

Off-street parking facilities shall be provided whenever:

Off-street parking facilities existing at the effective date of this chapter shall not be reduced to an amount less than that required under this chapter for a similar new building or use.

The following regulations shall apply to all uses unless otherwise specified.

Required off-street parking facilities shall be accessory to uses listed herein and shall be solely for the parking of automobiles of patrons, occupants and/or employees.

No motor vehicle repair work of any kind, except emergency service, shall be permitted within parking lots.

Parking spaces shall have a minimum height clearance of eight feet.

The required parking area shall be measured exclusive of interior drives, access aisles or maneuvering areas.

In the layout of parking lots, the minimum required stall depth, stall width and aisle shall be as follows:

Interior circulation within parking lots shall be in accordance with the provisions of this section.

Parking spaces shall open directly into an access aisle.

Parking lots shall be landscaped in accordance with § 139-99.

Parking lots shall be illuminated at night in accordance with § 139-106.

Parking spaces shall be clearly delineated by suitable markings. Special use spaces, such as short-term visitor parking, compact-car parking, handicapped parking and pickup/dropoff zones shall be differentiated by suitable markings.

Parking spaces shall have an approved all-weather surface. Parking areas shall have a minimum slope of 1% in any direction to provide for drainage and a maximum slope of 5% in any direction for safety, user convenience and stormwater runoff control. Stormwater runoff shall not be directed across pedestrian walkways or other lots.

If the total number of required parking space exceeds 20, a minimum of 2% of the total number of parking spaces, but not fewer than two parking spaces, shall be designed and designated for physically handicapped persons.

Said spaces shall be most accessible and approximate to the building or buildings which the parking space shall serve.

Each space or group of spaces shall be identified with a clearly visible marking displaying the international symbol of access.

Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto level paved surface suitable for wheeling and walking.

Where possible, handicapped spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.

Where applicable, curb ramps shall be provided to permit handicapped people access from the parking lot to the sidewalk or building entrance.

Spaces shall be provided by the application of the appropriate formula for each use as listed under this section.

If a related or accessory use, in connection with a principal use, is open to the public, the off-street parking requirement for the related use shall be in addition to that for the principal use.

When the required number of parking spaces is computed, and a fraction of a parking space results, any fraction below 1/4 may be disregarded. Any fraction over 1/4 shall necessitate the addition of a full parking space.

For any use not covered below, the Board of Supervisors shall apply the standard for off-street parking spaces in the schedule below deemed to most closely approximate the proposed building or use.

Minimum off-street parking requirements for each separate use shall be as follows:

Where the required parking standard is based on floor area, the Planning Commission may recommend a reduction, not to exceed 20%, in the number of parking spaces required to be paved initially for a use or establishment which involves few employees, customers or visitors relative to building area, provided that the plan submitted shows that sufficient land is reserved and properly identified as such to meet the full requirements of the chapter at such time as any such additional parking space may be required.

The Board of Supervisors may authorize a reduction, not to exceed 20%, in the number of required parking spaces in cases where the Planning Commission has recommended such and the applicant can justify the reduction and still provide adequate facilities. Where a reduction is approved, the Board shall require the applicant to design parking reserve area on the development plan for the number of additional spaces that would satisfy the requirement of this section. The design for the parking reserve area shall comply with the provisions of this chapter. The Board may require that the parking reserve area be developed if and when it determines the need. Until such time as it is developed, parking reserve shall be landscaped.

Design of access aisles and drives.

Location. Loading and unloading areas shall not be located between the building setback line and street line, and loading facilities shall be screened in accordance with § 139-99.

Space allowed.

Accommodate the need for surface land uses affiliated with transmission pipelines consistent with the desire to protect the health, safety and welfare of the citizens of the Township.

Minimize aesthetic, nuisance and visual impacts of surface land uses affiliated with transmission pipelines through proper design, siting and vegetative screening.

Ensure the location of surface land uses affiliated with transmission pipelines is in compliance with applicable government and industry standards, including standards administered by the Federal Energy Regulatory Commission (FERC), the Pennsylvania Oil and Gas Act (as amended),[2] and Pennsylvania case law.

Preserve the rural, suburban and urban character of neighborhoods adjacent to surface land uses affiliated with transmission pipelines.

Surface land uses affiliated with transmission pipelines shall be permitted as a principal use by right in Article XV, Restricted Industrial Districts (I), where underground pipelines exist or are proposed. Such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of Article XV, Restricted Industrial Districts (I). Applicants are required to demonstrate to the satisfaction of the Township that the requirements of Subsection C, Standards for surface land uses affiliated with transmission pipelines, can be met.

Except as otherwise designated in Subsection B(3) below, surface land uses affiliated with transmission pipelines shall be permitted as a principal use in all other zoning districts when adjacent to and within 100 feet of underground transmission pipelines that exist as of the date of adoption of this section when authorized as a conditional use pursuant to Subsection C, Standards for surface land uses affiliated with transmission pipelines, and Article XIX, § 139-118.1, Application for conditional use approval. In addition, such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of the underlying district.

Surface land uses affiliated with transmission pipelines shall be prohibited in certified historic districts as defined in Article XXIX, Historic Preservation.

All other uses ancillary to surface land uses affiliated with transmission pipelines are prohibited unless otherwise permitted in the zoning district in which the use is located.

Setbacks.

Landscaping. The applicant shall provide a plan prepared by a landscape architect licensed in Pennsylvania showing landscaping proposed to be installed to screen and buffer surface land uses affiliated with transmission pipelines. The landscape plan shall incorporate the use of a decorative fence pursuant to § 139-105 surrounded by a mix of native vegetation, including evergreens, shrubbery and trees, which shall not be less than the height of the fence and shall be of sufficient density to screen the facility. Existing vegetation in proximity to surface land uses affiliated with transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of Chapter 123, Subdivision and Land Development, and Chapter 73, Environmental Protection. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.

Noise. Sound produced by the surface land use affiliated with transmission pipelines shall not result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line; in no case shall the sound pressure level exceed 60 dB(A) [according to the American National Standards Institute (ANSI) "a" weighted scale] at the property line closest to the land use.

Odors. Odor, vapors or particulate matter produced by the surface land use affiliated with transmission pipelines shall not exceed the average emission of such substances occurring from other causes at the property line. Specific contaminants shall be regulated by PA Code, Title 25, Environmental Protection, Part 1, Subpart C, Article III, Air Resources.

Signage. All signs, other than utility identification signs, appropriate warning signs, or owner identification signs, shall be prohibited. There shall be no antennas, advertising, or other items or material affixed to or otherwise placed on surface land uses affiliated with transmission pipelines, except as permitted by the Township.

Parking. If the surface land use affiliated with transmission pipelines is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of parking spaces shall be equal to the number of people on the largest shift. Parking spaces shall be located within the decorative fence and landscape buffer area so they are substantially concealed when viewed from surrounding properties.

Lighting. No surface land use affiliated with pipeline utilities shall be artificially lighted except as required for emergency night time access. Any such lights shall be shielded so as to prevent intrusion upon nearby properties.

Engineered drawing submission. Applications for a land use affiliated with pipeline utilities shall be accompanied by engineering drawings prepared by an engineer licensed in Pennsylvania. The applicant shall show that all applicable Commonwealth of Pennsylvania and U.S. standards for the construction, operation, and maintenance of the proposed facility have been met.

Design. The applicant proposing a surface land use affiliated with transmission pipelines must demonstrate that the structure has been designed to blend in with or mimic existing structures in the landscape such as residential outbuildings, farm structures, or other uses permitted in the underlying districts.

Visual impact. Any surface land use affiliated with transmission pipelines shall be designed and constructed so as to mitigate the visual impact from public roads and nearby uses. In addition, the color and other visual features of the land use affiliated with pipeline utilities shall be designed and installed in such a manner so as to create the least visual impact practicable. The applicant shall demonstrate compliance with this section, by among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent road ways and neighboring properties (with permission of the owners).

Need. The applicant for a surface land use affiliated with transmission pipelines is required to demonstrate, using scientific and technological evidence, that the facility must be located where it is proposed in order to satisfy its function in the company's pipeline system and demonstrate that there is a need for this facility at the location where it will be located.

State and federal regulation. All applicants, whether commercial pipeline companies or otherwise, must demonstrate the submission of sufficient filings and/or receive sufficient approvals, as required, through the Federal Energy Regulatory Commission (FERC), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Commonwealth of Pennsylvania [the Pennsylvania Department of Environmental Protection (PADEP) and/or the Pennsylvania Public Utilities Commission (PA PUC)]. Such documentation is not required as part of the initial application to the Township, but must be included with the final as-built plans submitted upon approval by the Township.

Removal of surface land uses affiliated with transmission pipelines. Any surface land uses affiliated with transmission pipelines that are no longer licensed and active shall be removed and the site restored to its original condition at the owner's expense within 60 days of the last date that the facility was licensed by the PADEP and FERC. A bond or escrow account shall be posted with the Township in an amount sufficient to ensure such removal and site restoration prior to the construction of the facility. The applicant shall have prepared and submit to the Township to accompany the bond or escrow account, an estimate of the cost necessary to remove the surface land use facility associated with the pipeline and restore the site to its preconstruction condition.

The helistop shall comply with the area, coverage and yard requirements of the applicable zoning district; however, in no case shall any landing surface be located closer than 300 feet from any residential district boundary. Where the proposed helistop is to be located on a property that abuts property used or zoned for residential purposes, the Zoning Hearing Board, in granting a special exception, may impose additional conditions upon the placement and operation of the proposed helistop and such other requirements as may be appropriate and reasonable to protect the health, welfare and safety of Township residents and their property. Such additional conditions may include, but not be limited to, setback from the residential boundary, hours of operation, flight patterns, flight altitude, specific noise mitigation and other measures that would be intended to minimize off-site impacts of the proposed helistop.

The helistop shall be used only for the following uses:

The helistop shall comply with all applicable federal and commonwealth laws and regulations related to aviation.

The landing surface shall be paved and level and shall be at least 60 feet square or, in the case of a circle, shall be at least 60 feet in diameter. Except for rooftop pads, a secondary thirty-foot perimeter area shall contain a gravel or grass cover. Both the landing surface and secondary perimeter shall be well maintained and shall be kept dirt-free to preclude blowing dust or debris caused by rotor downwash and shall contain no structures or other obstacles other than those required for safety purposes.

The entire perimeter area shall be enclosed by a securable, well constructed fence, a minimum of four feet high, which will serve to prevent unauthorized entry into the landing area. Trees, shrubbery and other landscaping shall be provided in quantities and dimensions deemed necessary by the Zoning Hearing Board to minimize offensive motor noise and to afford a softening of the visual impact of the landing area. Rooftop pads shall be excluded from these requirements.

At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at any angle of 10° from the width of the landing pad to a width of 1,000 feet and shall have a glide angle slope of eight to one measured from the outer edge of the pad.

Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be available. Such emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane.

An application for a landing pad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

All fire and safety equipment provided in conjunction with a helistop shall be subject to the approval of the Township Fire Marshal.

In conjunction with a special event such as an athletic contest, a holiday celebration or similar activity after 30 days' prior notice has been given to the Zoning Officer and prior permission has been obtained from the Board of Supervisors to make such landing and takeoff.

Where necessary for law enforcement or other governmental purpose and for emergencies.

Upon 48 hours' prior notice to the Zoning Officer in connection with a construction project where a helicopter is used to lift equipment or materials related to such project.

Condominium. The common open space may be controlled through the use of condominium agreements. Such agreement shall be in conformance with the Uniform Condominium Act of 1980.[1] All open space land shall be held as common element.

Homeowners' association. The common open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Article VII, Section 705-d(2) of the Municipalities Planning Code,[2] and the homeowners' association agreement shall be recorded.

Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the common open space, provided that such land is accessible to the residents of the Township; there is not cost of acquisition (other than any costs incident to the transfer of ownership such as title insurance); and the Township agrees to and has access to maintain such lands.

Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of open space land, title of which is to remain in ownership by condominium or homeowners' association, provided that such land is accessible to the residents of the Township; there is no cost of acquisition (other than any costs incident to the transfer of ownership, such as title insurance); and a maintenance agreement is reached satisfactory to the Township.

Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or restrictive easements, to a private nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence; the conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and a maintenance agreement acceptable to the Township is reached.

The developers shall provide to the Township a description of the organization, including its bylaws and documents governing open space maintenance and use restrictions.

The organization shall be established by the developers and shall be operating (with financial subsidization by the developers, if necessary) before the sale of any lots within the development.

Membership in the organization is mandatory for all purchasers of homes therein and their successors.

The organization shall be responsible for maintenance of and insurance and taxes on common open space.

The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with the procedures established by them.

In the event of any proposed transfer of common open space land by the homeowners' association within the methods here permitted, or of the assumption of maintenance of common open space land by the Township as hereinafter provided, notice of such action shall be given to all property owners within the development by the homeowners' association.

The organization shall have or hire adequate staff to administer common facilities and maintain common open space.

The property owners' organization may lease back open space lands to the developer, his heirs or assigns, or to any other person or corporation qualified to manage open space for operation and maintenance of open space lands, but such a lease agreement shall provide that the residents of the development shall at all times have access to the open space lands contained therein; that the common open space to be leased shall be maintained for the purposes set forth in this chapter; and that the operation of open space facilities may be for the benefit of the residents of the development only or may be open to the residents of the Township. The lease shall be subject to the approval of the Township, and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution, and a copy of the recorded lease shall be filed with the Township.

The common open space shall be laid out in accordance with the best principles of site design, shall be consistent with the Township's goals and policies and shall be located and designed as areas that are easily accessible to residents and which preserve desirable natural features.

Common open space shall be available for use by those having an ownership interest in the tract as developed. Portions of common open space may be designated for use by the general public.

In the event that the organization established to own and maintain a common open space, or any successor organization, shall at any time fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days, or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the common open space from becoming a public nuisance, may enter upon said open space and maintain the same for a period of up to one year. Said entry and maintenance shall not constitute a taking of said common open space and shall not vest in the public any rights to use the common open space, except when the same is voluntarily dedicated to the public by the residents and owners and such dedication is acceptable to the Township. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents and owners of the development, to be held by the Township, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding period of up to one year. If the Township shall determine that such an organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space no later than the end of said year. If the Township shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination in each year hereafter. The decision of the Township in any cause shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance and enforcement proceedings by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and shall be come a lien on said properties. Said assessments of charges shall be subordinate in lien to the lien of and prior mortgage or mortgages on the property which is subject to such assessments or charges. The Township, at the time of entering upon such said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of the county upon the properties affected by such lien within the development.

The Township may require the tract to be restricted by deed or declaration of covenant and/or the homeowners' association to be bound by such other terms or conditions for assuring the maintenance of the common open space in perpetuity, either in addition to or in lieu of the provisions set forth above, as the Township shall deem necessary or appropriate.