Township of Horsham, PA
Montgomery County
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§ 230-10 Applicability of regulations.

For the purposes of this chapter, the following regulations shall govern in all districts.

§ 230-11 Nonconforming lots.

[Amended 2-26-2007 by Ord. No. 2007-3]
A single-family detached dwelling may be constructed on a nonconforming lot held in single and separate ownership on the date the lot became legally nonconforming, provided:
A. 
The lot area is not less than 80% of the lot area required in the zoning district at the time a permit is requested and issued;
B. 
If the lot is not served by public water and sewer, the applicant shall demonstrate compliance with all requirements of the Montgomery County Board of Health;
C. 
The streets and other improvements shown on the plan which created the lot have been completed and approved by the Township, whether or not said improvements have been accepted in dedication by the Township; and
D. 
The single-family dwelling constructed in accordance with this section shall be a permitted use in the district in which it is constructed and shall comply with all building and lot coverage, front, rear, and side yard requirements of the district in which the lot is located.

§ 230-12 Reduction of lot area.

No lot shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than herein prescribed.

§ 230-13 Fences and walls.

[Amended 12-9-1998 by Ord. No. 1149]
A. 
Fences and walls in excess of four feet in height shall be prohibited within the minimum required front yard for each lot, provided that retaining walls required to stabilize changes in elevations shall be permitted to a height one foot above ground elevation retained. Fences and walls within the front yard not of natural materials like stone, brick or wood, shall have sufficient shrubs installed along the fence to soften the view of the fence from the street. The shrub requirement shall not apply to wire mesh installed as an integral part of a wood fencing system.
B. 
Fences and walls may be permitted within the required side and rear yard for each lot to a maximum height of 6.5 feet above ground level.
C. 
When a fence or wall exceeding six feet in height is erected within any required side or rear yard setback, the entire fence or wall shall contain openings therein equal to 50% of more of the area of the fence or wall.
D. 
Barbed wire or electrified fences (excluding invisible fencing for pets) shall be permitted only in connection with agricultural purposes on lots that exceed 10 acres in size, or for commercial and industrial uses if approved by the Horsham Township Council.

§ 230-14 Obstructions to vision at intersection.

Clear sight triangles of 60 feet measured along street right-of-way lines from their points of junction shall be provided at all intersections. Within the sight triangle, no wall, fence, or other structure shall be erected, altered or maintained, and no hedge, tree, shrub or other growth shall be planted or maintained which shall interfere with a free and unobstructed view down and across lands within such sight triangle.

§ 230-15 Accessory uses.

Accessory uses authorized in this chapter may include the following:
A. 
Uses accessory to agriculture. Noncommercial greenhouses; barn; keeping, breeding and management of livestock and poultry but in such quantities and to such extent as are customarily incidental to the principal use; preparation of products on the premises for use and the disposal thereof by marketing or otherwise.
B. 
Roadside stands shall be permitted only when accessory to farms and related agricultural activities and subject to all of the following conditions.
(1) 
All buildings and structures shall be setback at least 100 feet from a street ultimate right-of-way and property lines.
(2) 
No outdoor display, storage, processing equipment or parking of heavy vehicular equipment shall be permitted within the setbacks established in Subsection B(1) (above).
(3) 
The maximum floor area for roadside stands including all outside areas devoted to retail sales shall not exceed 500 square feet.
(4) 
Off-street parking shall be provided at the rate of one parking space per 100 square feet of retail area, plus one space per each employee of the largest shift.
(5) 
The lot area devoted to roadside stand use of a farm operation shall be identified on the plan and filed with the Township before the roadside stand operation may commence.
C. 
Uses accessory to dwelling.
(1) 
Private garage, private parking space.
(2) 
Swimming pool for use of family and guests only.
(3) 
Private greenhouses and storage buildings for garden tools.
(4) 
Stables, barn, and shelter for pets.
(5) 
Uses authorized in this chapter as accessory to a dwelling shall not be deemed to include a hospital, clinic, animal hospital, barbershop, beauty parlor, mortuary, other personal service shop, tearoom, hotel, boarding home or any other similar use.
(6) 
Home occupations as defined in § 230-5 and further regulated in § 230-22, herein.
D. 
Accessory use of utility. The placing of a public telephone booth shall be permitted in any district upon the following conditions:
(1) 
The location shall be approved in writing by the owner of the land; and
(2) 
The location shall not be in the right-of-way of any street; and
(3) 
The location shall be approved by the Zoning Officer of the Township; and
(4) 
A permit is obtained from the Building Inspector; and
(5) 
A permit fee as determined by the current Township fee schedule for each location is paid.

§ 230-16 Height and setback requirements for accessory uses.

A. 
The maximum permitted height shall be 21 feet six inches for accessory buildings and structures located entirely within the required building envelope established for each lot in each zoning district.
B. 
The maximum permitted height of buildings or structures when located within required side or rear yards shall be 14 feet.
C. 
Accessory buildings or structures may be erected within one side yard provided that it is located no further forward than the rear line of the principal building line and provided that such building or structure shall not be less than seven feet each from the side and rear lot line. An accessory building may be erected in conjunction with an accessory building on an adjacent property when separated by a masonry wall free of any opening, and constructed on the common lot line, provided written consent of the Zoning Officer must be attached to and remain a part of the application for a building permit for the accessory building.
D. 
Accessory buildings or structures are not permitted within the minimum front yard established for each district nor within required buffer yard.

§ 230-17 Conversions.

The Zoning Hearing Board may allow as a special exception the conversion of a single-family dwelling into a dwelling for a greater number of families, subject to the following requirements:
A. 
Petition in favor of such exception shall be filed with the Zoning Hearing Board signed by the owners of 60% or more of the frontage in the same street within 500 feet of the designated lot.
B. 
Each dwelling unit shall not have less than 750 square feet of floor area.
C. 
The lot area per family is not reduced thereby to an amount less than 75% of that required by this chapter for the district in which the designated lot is located.
D. 
The yard and building area requirements for the district in which the building is located must be complied with.
E. 
There is no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located on the rear of the building.
F. 
The Zoning Hearing Board shall specify the maximum number of the families permitted to occupy such buildings and may prescribe such further conditions and restrictions as the Board may consider appropriate.
G. 
The off-street parking requirements of this chapter are met.
H. 
The conversion shall be authorized only for a dwelling with relatively little economic usefulness as a conforming use.

§ 230-18 Provision and use of water.

A. 
General.
(1) 
All potable water requirements shall be stated in the application for a building permit.
(2) 
No permit for construction, building or use of building and/or land shall be issued until satisfactory proof of the availability and supply of potable water is furnished the Zoning Officer.
(3) 
No wells may be dug or drilled on the premises except by permit.
(4) 
Where available, all potable water services shall be supplied by water distribution companies operating and supervised as municipal or public utilities by virtue of the laws of the commonwealth and the ordinances of the Township, unless waived by Township Council.
B. 
Commercial and industrial.
(1) 
Water required on the premises for commercial or manufacturing purposes, including air conditioning, shall be supplied by water distribution companies, unless the water distribution companies are not available, and provided a permit is granted by the water authority in accordance with the ordinances of the Township.
(2) 
Where surface or ground water sources are existing and available, or can be developed on the premises without impairment to similar services on adjacent or near property, or to public water supplies, they may be used for air conditioning with water recirculation upon special exception granted by the Zoning Hearing Board.

§ 230-19 Group development.

The following regulations shall apply in Residential Districts R-6 and R-7, Commercial District C-1, Industrial Districts I-1, I-2 and I-3, and Office/Nonmanufacturing District O-1, and in any case where group apartment development or more than one building or use is permitted on a lot.
A. 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as, or as part of, a single architectural and landscaping scheme. All buildings on a lot shall be arranged in a group of buildings, and the group of buildings as a unit shall comply with the area and yard regulations of the district.
B. 
The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open spaces, parking, utility, and maintenance facilities.
C. 
The distance at the closest point between any two buildings or groups of attached buildings shall not be less than 30 feet, except in Office/Nonmanufacturing and Industrial Districts, where the distance shall be not less than 60 feet. In no case shall the minimum distance between buildings be less than the average height of adjoining buildings.
D. 
All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground, and electric transformers shall be installed underground or within the walls of a completely enclosed building.

§ 230-20 Floodlighting.

A. 
Floodlighting in all districts shall be diffused or shielded in such a manner as not to create any hazardous situation for passing vehicular traffic or a nuisance to persons residing in the area.
B. 
The maintained horizontal illumination shall not exceed one footcandle at ground elevation at the perimeter property line or zoning district boundary line.

§ 230-21 Corner lots.

In all districts corner lots shall have two front yards followed by one rear yard and if applicable one side yard.

§ 230-22 Home occupations.

Home occupations, as defined in § 230-5 and permitted under the provisions of this chapter, shall comply with the following regulations and standards:
A. 
Home occupations may be permitted under the following conditions:
(1) 
By right as an accessory use to a dwelling on lots having a lot area of 12,000 square feet or greater and a lot frontage of not less than 50 feet, unless a flag lot which shall have a minimum lot frontage of 25 feet.
(2) 
By special exception as an accessory use to a dwelling on lots having a lot area less than 12,000 square feet.
B. 
Three paved off-street parking spaces, in addition to those required of residence units, shall be required and shall not be located within any required setback areas.
C. 
No other persons except a resident in the dwelling shall practice the occupation therein.
D. 
No more than two persons shall be employed by the practitioner at any one time.
E. 
The area used for the practice of a home occupation shall occupy no more than 15% of the total floor area of the dwelling unit. Each dwelling or residential lot shall be limited to no more than one home occupation.
F. 
No storage of materials or products in open areas shall be permitted.
G. 
No retail sales shall be permitted except for articles or works of art produced solely on the premises, and in no event shall goods be publicly displayed on the premises.
H. 
No heat or glare shall be perceptible at or beyond the lot boundaries.
I. 
No potentially dangerous effluent or fumes from operations shall be discharged.
J. 
No material designed for use as an explosive shall be produced or stored on the premises.
K. 
A sign identifying a home occupation shall not exceed the size of one square foot in area and shall be deducted from the maximum number of signs permitted in the schedule of sign regulations.
L. 
Home day care for not more than a total of three children, unrelated to the caregiver, shall be permitted as a home occupation.
M. 
Day-care facilities. Permitted only within a single-family detached dwelling when authorized as a special exception, home day care may be permitted for greater than three but not more than a total of six children, unrelated to the caregiver, subject to all the following conditions:
(1) 
The lot must conform to the minimum frontage, width, area and yard requirements of the district in which it is situate and shall not be reduced.
(2) 
An outdoor lot area of at least 2,000 square feet shall be reserved for a play area and shall be located in the rear yard only, and not within any required side yard.
(3) 
There shall be a minimum of 40 square feet of floor space per child, inclusive of space occupied by furniture and equipment, but exclusive of closets, halls, bathrooms, kitchens and areas related thereto, which shall be on the first or second floor above grade of the single-family detached dwelling structure utilized for such purpose. A second means of pedestrian access from the second floor, if required by any public law or regulation, shall be covered and enclosed so as to be concealed from view from perimeter property lines.
(4) 
A minimum outdoor play area of 65 square feet of contiguous area shall be provided for each child as a recreational area for the children. This area shall not include any impervious surface or parking areas. The play area shall not be located in the minimum yard areas required by this chapter or other Township ordinances. Play areas shall not include any swimming or ornamental pool.
(5) 
Areas for outdoor recreation shall be visually screened for immediate year-round basis to a height of not less than four feet when natural shrubbery or evergreen trees are utilized or six feet when a fence is utilized.
(6) 
The building shall conform to any and all regulations of the Commonwealth of Pennsylvania for child day care, as well as all applicable regulations for fire and panic, and have no barriers for the handicap, and shall conform to all Township codes. All applicable state or county licenses and certifications of approval shall be provided to the Code Enforcement Officer as a condition of occupancy.
(7) 
Signs and outdoor illumination shall be prohibited except as may be permitted under Article XXXIII.

§ 230-23 No-impact home-based businesses.

[Added 3-12-2003 by Ord. No. 1154]
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.

§ 230-24 Day-care centers.

Day-care centers as defined in § 230-5 shall comply with the following regulations and standards:
A. 
A lot area of not less than one and no more than four acres shall be provided for each day-care center.
B. 
A lot area of not less than 500 square feet shall be provided for each child that the facility is licensed to accommodate.
C. 
A lot width of 150 feet shall be provided along the ultimate right-of-way of a secondary or major street as designated in § 198-31 of Chapter 198, Subdivision and Land Development.
D. 
Public water and sanitary sewer utility service shall be provided.
E. 
Setbacks for buildings, parking and outdoor play areas shall comply with yards established for the district in which located but in no event shall be less than the following:
(1) 
Front, side and rear yards shall be provided on each lot which shall be not less than 50 feet.
(2) 
Parking areas shall be setback not less than 15 feet from all property lines.
(3) 
Outdoor play areas shall be setback not less than 15 feet from all property lines, shall not be permitted within the minimum front yard and shall be setback not less than 50 feet from any property line which adjoins a residential district.
F. 
See Article V, § 230-32, herein for additional standards of this chapter regarding parking and circulation.

§ 230-24.1 Adult commercial uses.

[Added 4-14-2010 by Ord. No. 2010-4]
A. 
An adult commercial store, adult entertainment cabaret, adult movie house, and other adult uses as defined below:
ADULT COMMERCIAL BOOKSTORE
An establishment with more than 15 square feet of floor area devoted to the display, selling and/or rental of pornographic materials which are pictures, drawings, photographs, videotapes, or other depictions or printed matter and paraphernalia, which if sold knowingly to a minor under 18 years of age would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time.
ADULT ENTERTAINMENT CABARET
A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features live sex, topless dancers, strippers, male or female impersonators, or similar entertainers, or a similar establishment to which access is limited to persons 18 years of age or older.
ADULT VIDEO/MOVIE HOUSE
An enclosed building used regularly and routinely for presenting, displaying or exhibiting obscene matter for observation by patrons therein, or a similar establishment to which access is limited to persons 18 years of age or older.
OTHER ADULT USES
Any business, activity or use, similar to or of the same general nature as the uses listed above.
B. 
The building or structure of such use shall be located no less than 500 feet from any residential use or district, and no less than 1,000 feet from any public or private school, church, recreation facility or any other religious, institutional or educational use.
C. 
No such use shall be located within 2,000 feet of a similar use.
D. 
No materials sold within shall be visible from any window, door or exterior of the building.
E. 
No person under the age of 18 years of age shall be permitted within an adult commercial store or sold any pornographic material.
F. 
The buffer and landscape requirements of § 230-31 of this chapter shall be met.
G. 
Parking: one off-street parking space for each 100 square feet of total floor area, plus one additional space for every two employees.

§ 230-25 Minimum lot frontage.

Each and every lot created for single and separate ownership shall be provided with a minimum continuous frontage equal to the required lot width at the building setback line along the ultimate right-of-way of a street, or legal right-of-way where ultimate and legal are coterminous, except for flag lots (see § 230-26) or lots situated around the bulb of a cul-de-sac, in which case the minimum frontage lot shall equal 50 feet.

§ 230-26 Flag lots.

[Amended 12-9-1998 by Ord. No. 1149]
A. 
Flag lots shall exclude within the calculation of lot area, the area within the access strip up to a point where the minimum required lot width is achieved.
B. 
Each flag lot shall have fee simple ownership of the access strip to the public street, such strip having a minimum width of 25 feet, and a maximum width of 45 feet.
C. 
A flag lot may serve only one single-family detached dwelling. Flag lots for nonresidential uses or any other form of residential use are not permitted.
D. 
The length of the access strip shall be limited to a maximum of 1,000 feet.
E. 
No flag lot shall abut or be adjacent to another flag lot.
F. 
The minimum lot area of a flag lot in the R-1 and R-2 Districts shall be five acres. The minimum lot area of a flag lot in all other cases shall be two acres, unless larger lot areas are required by another section of this chapter.
G. 
In the R-1 and R-2 Districts there shall be a minimum front, side and rear yard setback for principal buildings from all property lines of 100 feet, and for all accessory buildings, 25 feet from all property lines. In all other cases, there shall be a minimum front yard of 60 feet; two minimum side yard setbacks of 80 feet in aggregate, with neither being less than 35 feet in width and a rear yard setback of 80 feet.

§ 230-27 Deed restriction and plan restrictions.

[Added 9-16-1998 by Ord. No. 1147]
All uses shall comply with any deed restrictions of record and any restrictions shown on a subdivision or land development plan of record, including, but not limited to, restrictions prohibiting or limiting the further subdivision of the property.

§ 230-28 Demolition of historic structures.

[Added 8-8-2001 by Ord. No. 1152; amended 4-13-2005 by Ord. No. 1157]
No structure listed as a Class I or Class II Historic Resource in accordance with Article XXXII of this chapter shall be demolished except upon grant of special exception by the Zoning Hearing Board. The Zoning Hearing Board shall consider, in making its decision, the recommendation of the Horsham Township Historical Advisory Commission render pursuant to § 230-202. The applicant shall demonstrate that there is no reasonable possibility of saving the structure. The Zoning Hearing Board may impose reasonable conditions upon the grant of the special exception.

§ 230-29 Municipal building.

[Added 12-23-2002 by Ord. No. 1153]
A. 
For purposes of this chapter, an unoccupied municipal building is a building to which the public does not have access, and to which no employees report for work on a regular basis. Examples of an unoccupied municipal building include, but are not limited to, wells, pump houses, sewer facilities, and storage buildings.
B. 
Minimum lot area.
(1) 
Occupied buildings and sewage treatment plants: one acre.
(2) 
Unoccupied buildings other than sewage treatment plants: the minimum lot size shall be determined by setback requirements.
C. 
Setback requirements. The following setback requirements shall apply to municipal buildings: provided, that the maximum required yard setback requirement shall not exceed that maximum requirement for the zoning district in which the municipal building is located.
(1) 
Occupied buildings shall have front, side and rear yards of not less than 50 feet; provided that when a municipal building other than a library abuts a residential use or district, the front, rear, and side yard shall not be less than 100 feet along that boundary of the municipal property which directly abuts said residential use or district.
(2) 
Unoccupied buildings shall have front, side and rear yards of not less than 25 feet.
D. 
Minimum lot width at building setback line: 100 feet.
E. 
Maximum building coverage. The maximum building coverage shall be identical to the maximum building coverage set forth for general uses in the zoning district in which the proposed municipal use is to be located.
F. 
Maximum impervious surface ratio. The maximum impervious surface ratio shall be identical to the maximum impervious surface ratio set forth for general uses in the zoning district in which the proposed municipal use is to be located.
G. 
Parking requirements. Parking shall be in conformance with Article V, § 230-32.
H. 
NOTE: The above dimensional requirements shall supersede the minimum site area, minimum lot area, setback, lot width, and setback requirements of all underlying districts as well as zoning overlay districts. All other performance standards and environmental regulations, including but not limited to, the environmental regulations set forth at § 230-49 of this chapter shall apply to municipal buildings.

§ 230-29.1 Wireless communications facilities.

[Added 6-11-2014 by Ord. No. 2014-2]
A. 
General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities:
(1) 
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. The owner of the tower-based WCF shall perform a minimum of one on-site inspection of the tower-based WCF each year. The applicant shall provide the Township with advance notice of the inspection. The on-site inspection shall include a climb of the tower-based WCF. A written report, prepared by a registered professional engineer, detailing the results of the on-site inspection, including the "climbing inspection," shall be submitted to the Township within 30 days of the inspection. In the event the inspection reveals any issues with the structural integrity of the WCF, the owner of the WCF shall, within 60 days, take any and all steps to repair the facility and submit a further report to the Township indicating the nature of the repairs made. The report shall include a certification of structural integrity by a registered professional engineer. Failure to make the necessary repairs and submit a certification of structural integrity within 60 days of the original inspection shall result in the revocation of the zoning permit and shall require the prompt removal of the tower-based WCF.
(2) 
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 (ANSS/EIA-222-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 radial ice of 0.5 inch.
(3) 
Height. Any tower-based WCF 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 130 feet, which height shall include all subsequent additions or alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 12 feet in height.
(4) 
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.
(5) 
Maintenance. The following maintenance requirements shall apply:
(a) 
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(6) 
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.
(7) 
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township as being of historic significance.
(8) 
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.
(9) 
Lighting. Tower-based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. 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.
(10) 
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.
(11) 
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(12) 
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(13) 
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
(14) 
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.
(15) 
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:
(a) 
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(c) 
Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(16) 
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. The permit fees shall be determined by the Township and authorized by resolution of the Council, and shall be based on the Township's actual costs as applied to such tower-based WCF.
(17) 
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.
(18) 
Insurance. Each person that owns or operates a tower-based WCF 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.
(19) 
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.
(20) 
Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structure engineer, licensed in the Commonwealth of Pennsylvania.
(21) 
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.
B. 
Tower-based facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
(1) 
Development regulations:
(a) 
Prohibited in residential zones. No tower-based WCF shall be located in a residential zoning district or within 300 feet of a lot within a residential zoning district.
(b) 
Site Requirements. A tower-based WCF may be located as permitted in the district regulations and table of uses, subject to all of the conditions listed in this section.
(c) 
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.
(d) 
Sole use on a lot. A tower-based WCF may be permitted as a sole use on a lot subject to the minimum lot area and yards, complying with the following requirements:
[1] 
Setback. The tower-based WCF shall be set back from any property line, recreational facility, fields, or public right-of-way a distance that is at least equal to 1 1/2 the height of the tower.
[2] 
In order to locate a tower-based WCF on a property with an agricultural use, the tract shall be at least 10 acres.
(e) 
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel as part of a land development in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
[1] 
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.
[2] 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
[3] 
Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, this section, and further provided that no tower-based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary. The minimum setback shall be a distance that is at least equal to 1 1/2 the height of the tower.
(2) 
Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 1,000 linear feet of the site of the proposed facility and of every property zoned residential not on the same street within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Township.
(3) 
Co-location. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(4) 
Design regulations:
(a) 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township. In the sole discretion of the Township, the requirement to utilize stealth technology may be waived if the Council determines that the waiver is in the best interest of the Township.
(b) 
Any height extensions to an existing tower-based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
(c) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennae for future users.
(5) 
Surrounding environs:
(a) 
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b) 
The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(6) 
Fence/screen:
(a) 
A security fence having a maximum height of eight feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.
(b) 
An evergreen screen that consists of a hedge, planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum shall be located along the perimeter of the security fence. Existing vegetation shall be preserved to the maximum extent possible.
(7) 
Accessory equipment:
(a) 
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.
(b) 
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(8) 
Additional antennae. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.
(9) 
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
(10) 
Parking. For each tower-based WCF, there shall be two off-street parking spaces, or one space per employee, whichever is greater.
(11) 
Financial security. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW shall, at its own cost and expense, post financial security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this subsection. If financial security is in the form of a bond, it shall be posted by a surety licensed to do business in the Commonwealth of Pennsylvania and shall contain such provisions determined by the Township Solicitor as reasonably necessary to assure the bond can be collected without undue delay. The financial security 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 section, after reasonable notice and opportunity to cure. The owner shall file the financial security with the Township.
(12) 
Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact. Denial of a tower-based WCF facility permit shall be consistent with the Township's Recreation Open Space Plan.
(13) 
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this subsection 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.
C. 
Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:
(1) 
Prohibited in residential zones. No tower-based WCF shall be located within a residential zone or within 500 feet of a lot in residential use or a residential zoning district boundary.
(2) 
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 in the ROW.
(3) 
Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 1,000 linear feet of the site of the proposed facility and of every property zoned residential not on the same street within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Township.
(4) 
Co-location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(5) 
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.
(6) 
Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to interfere with use of rights-of-way for pedestrian or vehicular traffic, 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:
(a) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb;
(b) 
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c) 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d) 
Any graffiti on the tower 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.
(e) 
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
(7) 
Design regulations.
(a) 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(b) 
The maximum height of any tower-based WCF shall not exceed 50 feet. Extensions to an existing tower-based WCF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WCF to more than 50 feet. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
(c) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
(8) 
Visual or land use impact. The Township reserves the right to deny the construction or placement of any tower-based WCF in the ROW based upon visual and/or land use impact.
(9) 
Additional antennae. As a condition of approval for all tower-based WCFs in the ROW, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.
(10) 
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:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) 
The operations of the Township or other governmental entity in the right-of-way;
(c) 
Vacation of a street or road or the release of a utility easement; or
(d) 
An emergency as determined by the Township.
(11) 
Compensation for ROW use. In addition to permit fees as described in Subsection A(16) above, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
(12) 
Financial security. Prior to the issuance of a permit, the owner of a tower-based WCF in the ROW shall, at its own cost and expense, post financial security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this subsection. If financial security is in the form of a bond, it shall be posted by a surety licensed to do business in the Commonwealth of Pennsylvania and shall contain such provisions determined by the Township Solicitor as reasonably necessary to assure the bond can be collected without undue delay. The financial security 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 subsection, after reasonable notice and opportunity to cure. The owner shall file the financial security with the Township.
D. 
General requirements for all nontower wireless communications facilities.
(1) 
The following regulations shall apply to all nontower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(a) 
Permitted in all zones subject to regulations. Nontower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(b) 
Zoning permit required. Applicants proposing the modification of an existing tower-based WCF shall obtain an administrative permit from the Township Zoning Office. In order to be considered for such permit, the applicant must submit a permit application to the Township Zoning Office.
(c) 
Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(d) 
Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E Code, as amended).
(e) 
Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(f) 
Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(g) 
Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(h) 
Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1] 
All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
[2] 
If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(i) 
Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(j) 
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 nontower WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be determined by the Township and authorized by resolution of the Council, and shall be based on the Township's actual costs as applied to such nontower WCF.
(k) 
Insurance. Each person that owns or operates a nontower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WCF.
(l) 
Indemnification. Each person that owns or operates a nontower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the nontower WCF. Each person that owns or operates a nontower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a nontower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(2) 
The following regulations shall apply to all nontower wireless communications facilities that substantially change the wireless support structure to which they are attached:
(a) 
Permitted in all zones subject to regulations. Nontower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(b) 
Easement. Where the proposed nontower WCF will be located on a property with another principal use, the applicant shall present documentation evidencing that the owner of the property has granted an easement, license agreement, or other access agreement satisfactory to the Township for the proposed facility, and that vehicular access is provided to that facility.
(c) 
Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(d) 
Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended). Such structures shall be able to withstand wind gusts of up to 100 miles per hour with no ice and 78 miles per hour basic wind speed with radial ice of 0.5 inch.
(e) 
Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(f) 
Historic buildings. No nontower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township as being of historic significance.
(g) 
Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(h) 
Maintenance. The following maintenance requirements shall apply:
[1] 
The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2] 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[3] 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(i) 
Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(j) 
Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1] 
All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
[2] 
If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(k) 
Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(l) 
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(m) 
Financial security. Prior to the issuance of a permit, the owner of a nontower WCF shall, at its own cost and expense, post financial security acceptable to the Township Solicitor, in an amount of $25,000 to assure the faithful performance of the terms and conditions of this section. If the financial security is in the form of a bond, it shall be posted by a surety licensed to do business in the Commonwealth of Pennsylvania and shall contain such provisions determined by the Township Solicitor as reasonably necessary to assure the bond can be collected without undue delay. The financial security 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 section, after reasonable notice and opportunity to cure. The owner shall file the financial security with the Township.
(n) 
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 nontower WCF, as well as related inspection, monitoring and related costs.
E. 
Nontower wireless facilities outside the rights-of-way. The following additional regulations shall apply to nontower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:
(1) 
Development regulations. Nontower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:
(a) 
Such WCF shall not extend more than 10 feet above the nontower structure on which it is mounted.
(b) 
If the WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(c) 
An eight-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(2) 
Design regulations.
(a) 
Nontower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(b) 
Nontower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use permit.
(c) 
All nontower WCF applicants must submit documentation to the Township justifying the total height of the nontower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(d) 
Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(e) 
Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the design regulations enumerated in E(2) of this section.
(3) 
Removal, replacement, modification.
(a) 
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 antennae.
(b) 
Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
(4) 
Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any nontower WCF based upon visual and/or land use impact.
(5) 
Inspection. The Township reserves the right to inspect any 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.
F. 
Nontower wireless facilities in the rights-of-way. The following additional regulations shall apply to all nontower wireless communications facilities located in the rights-of-way:
(1) 
Co-location. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.
(2) 
Design requirements:
(a) 
WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b) 
Antennae and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3) 
Compensation for ROW use. In addition to permit fees as described above, every nontower 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 nontower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for nontower WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such nontower WCF.
(4) 
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.
(5) 
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:
(a) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb;
(b) 
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c) 
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
(d) 
Any graffiti on the tower 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.
(e) 
Any underground vaults related to nontower WCFs shall be reviewed and approved by the Township.
(6) 
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:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) 
The operations of the Township or other governmental entity in the right-of-way;
(c) 
Vacation of a street or road or the release of a utility easement; or
(d) 
An emergency as determined by the Township.
(7) 
Visual or land use impact. The Township retains the right to deny an application for the construction or placement of a nontower WCF based upon visual and/or land use impact.