Township of Willistown, PA Article XVII Supplementary Regulations

§ 139-90 Nonconforming buildings or uses.

A. Continuation. Any lawful use of a building or land existing or authorized by a building permit at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter. It shall be the intent of this section that the conversion of a nonconforming use to a conforming use is to be encouraged to such extent as is reasonable.

B. Extension.

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

(2) 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:

(a) It is clear that such extension is not materially detrimental to the character of the surrounding area or the interests of the Township.

(b) The area devoted to nonconforming use shall in no case be increased by more than 50% of the area so used as of the time the building first became nonconforming with respect to this chapter.

(c) Any extension of a building shall conform to the area and height regulations of the district in which it is situated.

C. Change.

(1) 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.

(2) 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.

(3) 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.

D. Restoration. No building which has been damaged by fire or other causes to the extent of more then 75% of its value shall be repaired or rebuilt except in conformity with the regulations of this chapter.

E. Abandonment. If a nonconforming use of a building is abandoned or if the nonconforming use of land ceases for any length of time for any reason, any subsequent use of such building or land shall be only in conformity with the provisions of this chapter.

§ 139-91 Nonconforming lots.

[Amended 5-14-2001 by Ord. No. 1-2001]

A. A building may be erected, altered or expanded on any lot held on or before April 25, 1961, and continuously thereafter in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided that the water supply and sewage disposal facilities are certified as adequate by the Township or other appropriate governmental agency, and further provided that the building itself shall otherwise conform to the zoning regulations within which district the lot exists.

[Amended 6-25-2001 by Ord. No. 4-2001]

B. A lot legally in existence on May 19, 2001, which was then legally covered with an impervious surface within 1% of the maximum impervious coverage permitted by this chapter, or which then became nonconforming to such impervious coverage provisions, may expand the impervious surface on such lot by a maximum of 1% of the lot area. The benefits of this expansion shall not be available with respect to any lot created or modified after May 19, 2001.

§ 139-92 Conversion of dwelling to two- or three-family use.

The Zoning Hearing Board may authorize as a special exception in any district, except I Restricted Industrial Districts, the conversion of any dwelling existing at the effective date of this chapter on a designated lot into a dwelling for not more than three families, subject to the following requirements:

A. The lot area per family shall not be reduced to less than the lot area required for the district in which such lot is situated.

B. The yard, building area and other applicable requirements for the district shall not be reduced.

C. Such conversion shall be authorized only for a large building which has relatively little economic value or usefulness as a single-family dwelling or other conforming use.

D. The Zoning Hearing Board may prescribe such further conditions with respect to the conversion and use of such building as it deems appropriate. (See § 139-122.)

§ 139-93 Public utility exception.

This chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation, if upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public; nor shall this chapter apply to any building of the Township or of the Willistown Township Municipal Authority or extension thereof, or to the use of any premises by the Township or Authority, if the Board of Township Supervisors shall, after a public hearing, decide that such building or extension thereof, or such use of any premises, is reasonably necessary for the convenience or welfare of the public, provided that any municipal recreational building or use may be established by the Board of Township Supervisors at any location in the Township without holding such public hearing.

§ 139-93.1 Wireless communications facilities.

[Added 7-21-1998 by Ord. No. 6-1998; amended 10-11-1999 by Ord. No. 3-1999; 7-24-2000 by Ord. No. 4-2000; 1-22-2007 by Ord. No. 1-2007; 1-25-2016 by Ord. No. 2-2016]

A. Purpose and intent.

(1) 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.

(2) By enacting these provisions, the Township intends to:

(a) Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

(b) Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;

(c) Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and nontower based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;

(d) Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable wi-fi and other wireless communications facilities;

(e) Encourage applicants to seek joint use of existing wireless communications facilities and other tall structures;

(f) Minimize the adverse visual effects and the number of such facilities through proper design, siting, vegetative screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing structures, including utility poles, public utility structures, buildings and other structures, where permitted;

(g) Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations;

(h) Preserve the rural, suburban and urban character of neighborhoods adjacent to wireless communication facilities; and

(i) Promote the health, safety and welfare of the Township's residents.

B. General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities (WCFs) in the Township:

(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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(a) Prior to the Board of Supervisor's approval of a conditional use authorizing the construction and installation of tower-based WCF in a zoning district where the same is a permitted conditional use, it shall be incumbent upon the applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the applicant cannot adequatel extend or infill its communications system by the use of antennas and/or nontower WCFs.

(b) The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, as well as a description of the type and manufacturer of the proposed transmission/radio equipment.

(c) The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

(d) Where the tower-based WCF is located on a property with another principal use, the applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

(e) The conditional use application shall demonstrate that the proposed WCF complies with all other applicable regulations required in the conditional use process.

(6) 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.

(7) 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.

(a) The Board of Supervisors may require that related equipment and buildings which house electrical transmitter equipment be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.

(b) In making this determination, the Board of Supervisors shall consider whether its decision will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

(8) 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:

(a) The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

(b) The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

(c) Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

(d) A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(9) 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.

(10) 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.

(11) 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).

(12) 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.

(13) 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.

(14) 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.

(15) 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.

(16) 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.

(17) 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.

(18) 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.

(19) 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.

(20) 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.

(21) Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(22) 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.

(23) 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.

(24) 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.

(25) 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 90 days 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 90 days 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 or the owner of the property upon which the WCF is located.

(c) Any unused portions of tower-based WCFs, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

(26) 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.

(27) 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.

(28) 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.

(29) 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.

(30) 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.

(31) 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.

(32) 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.

(33) 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.

(34) Proof of annual inspection.

(a) The owner of a tower-based wireless communications facility shall submit, on an annual basis, proof of inspection of the facility as required by the ANSI/EIA/TIA-222-E Code, as amended. Based on the results of such inspection, the Board of Supervisors may require removal or repair of the tower-based wireless communications facility.

(b) In the event that the annual inspection referred to above is not performed in a timely manner or if the owner of the wireless communications facility fails to make the necessary repairs or to remove the facility when directed by the Board of Supervisors, the owner shall be subject to civil enforcement proceedings in accordance with § 139-138.

C. Tower-based WCF outside the rights-of-way. The following additional regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

(1) 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:

(a) As a use by-right on parcels owned or controlled by Willistown Township per Subsection B(4), above.

(b) As a conditional use in the Restricted Industrial District per Subsection B(5), above.

(2) 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.

(3) 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:

(a) The existing use on the property shall be any permitted use in the applicable district, and need not be affiliated with the WCF.

(b) Minimum setbacks. 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 height of the tower-based WCF. At the Board's sole discretion, the Board may allow a reduced setback if it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

(4) 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.

(5) 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 which shall be subject to the final approval of the Township.

(b) To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval 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 antennas for future users.

(6) 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) Evergreen bushes or other appropriate native plant opaque shrubs, a minimum of five feet in height, shall be planted immediately adjacent to the fencing at an interval not greater than three feet on center, except adjacent to that portion of the fence at which is located an access gate.

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

(7) Screening.

(a) A security fence constructed of wood or wood-like composite material, having a maximum height of 10 feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment. The fence shall not be topped with barbed wire.

(b) Landscaping. The applicant shall provide a plan prepared by a landscape architect showing landscaping proposed to be installed to screen and buffer the wireless communications facility. The landscape plan shall incorporate 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. Fences shall be designed and constructed in such a manner that unauthorized entry onto the site is precluded. Existing vegetation on and around the wireless communications facility shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of the Township's Environmental Protection Ordinance and Subdivision and Land Development Ordinance. 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.

(8) Accessory equipment.

(a) Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground unless the applicant can demonstrate to the satisfaction of the Township that the equipment cannot be located underground, in which case the ground mounted equipment shall be screened from public view using stealth technologies, as described herein.

(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.

(9) 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.

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

(11) 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.

D. Tower-based WCF in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

(1) 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:

(a) Planned Highway Corridor District.

(b) Paoli Pike.

(c) Route 30.

(d) Sugartown Road.

(e) Delchester Road.

(f) Goshen Road.

(g) Industrial Boulevard.

(2) 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.

(3) Permit required. A road opening permit shall be required.

(4) 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:

(a) In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the edge of the roadbed or 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.

(5) 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, subject to the approval of the Township.

(b) Tower-based WCFs in the public ROW shall not exceed 40 feet in height.

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

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

(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 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.

(7) 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.

E. General requirements for all nontower wireless communications facilities.

(1) The following regulations shall apply to all nontower wireless communications facilities located within the Township:

(a) Accessory use to existing electrical transmission structures. Nontower WCFs shall be considered to be an accessory use to existing electrical transmission structures, when affixed to such transmission structures, and shall be permitted in all zoning districts in the Township.

(b) 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.

(c) Wind. All nontower WCFs 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/TIA-222, as amended).

(d) Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(e) Public safety communications. Nontower WCFs shall not 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 nontower WCF, the owner of the nontower-based WCF shall take immediate appropriate measures to abate the interference or cease operation.

(f) Radio frequency emissions. Nontower WCFs shall not, by themselves 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.

(g) Removal. In the event that use of a non-tower 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 two 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 two 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.

(h) 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 90-day review period. This timing of approval shall not apply to any nontower WCF required to proceed through conditional use approval.

(i) Insurance. Each person that owns or operates a nontower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage and property damage coverage; coverage amounts shall be established in consultation with the Board of Supervisors. In no case shall general liability coverage be less than $1,000,000 per occurrence and property damage coverage be less than $1,000,000 per occurrence covering the nontower WCF.

(j) 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.

(k) Maintenance. To the extent permitted by law, 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.

(l) Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any nontower WCF for numerous factors, which include but are not limited to, visual impact, design, and safety standards.

(m) Historic buildings. No nontower WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the Historic Resources List maintained by the Township, or has been designated by the Township to be of historical significance.

(n) Proof of annual inspection.

[1] The owner of a nontower Wireless Communications Facility shall submit, on an annual basis, proof of inspection of the facility as required by the ANSI/EIA/TIA-222-E Code, as amended. Based on the results of such inspection, the Board of Supervisors may require removal or repair of the nontower wireless communications facility.

[2] In the event that the annual inspection referred to above is not performed in a timely manner or if the owner of the wireless communications facility fails to make the necessary repairs or to remove the facility when directed by the Board of Supervisors, the owner shall be subject to civil enforcement proceedings in accordance with § 139-138.

(2) 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:

(a) Nontower WCFs that do not substantially change the physical dimension of the wireless support structure may be eligible for a 60-day timeframe for review. The applicant shall assert such eligibility in writing to the Township and provide documentation reasonably related to the determining whether the application is eligible for the shortened review timeframe. If warranted, such application shall be reviewed within the 60-day timeframe.

(b) Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 25 feet of a lot in residential use or zoned residential.

(c) Permit required. Applicants proposing the modification of an existing tower-based WCF, in order to accommodate a nontower WCF, shall obtain the applicable permit from the Township zoning office. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

(d) 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 fees shall be adopted by resolution of the Willistown Township Board of Supervisors or $1,000, whichever is less.

(3) 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:

(a) Prohibited on certain structures. Nontower WCFs shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(b) Conditional use authorization. When the Pennsylvania Wireless Broadband Collocation Act does not apply to the proposed siting of a new nontower WCF application, the approval process for such application shall be conditional use. When a conditional use application is required, the regulations set forth in this section shall apply to the facility, dependent upon its proposed location. New construction and modifications that do not fall within the provisions of the WBCA shall be prohibited without conditional use authorization.

(c) Historic buildings. Nontower WCFs shall not be located on a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.

(d) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. 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.

(e) 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 fees shall be adopted by resolution of the Willistown Township Board of Supervisors.

F. Nontower wireless communication facilities outside the rights-of-way The following additional regulations shall apply to nontower WCFs 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) In accordance with industry standards, all nontower WCF applicants must submit documentation to the Township justifying the total dimensions, including height, of the nontower structure. Such documentation shall be analyzed on an individual basis.

(b) The height of a nontower WCF affixed to an electrical transmission structure, including the heighten of the underlying structure, shall be no higher than 120 feet.

(c) The total height of any nonelectrical transmission support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains a variance.

(d) If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

(e) A security fence constructed of wood or wood-like composite material having a maximum height of 10 feet shall completely 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.

(f) Landscaping shall be required to screen as much of the newly constructed WCF, equipment building, and related equipment as possible. Landscaping shall include 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. All proposed landscaping shall comply with the requirements of the Township's Environmental Protection Ordinance and Subdivision and Land Development Ordinance. 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.

(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) Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the design regulations enumerated in this section.

(3) 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.

(4) 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.

G. Nontower wireless communication facilities in the public rights-of-way. The following additional regulations shall apply to all nontower wireless communication facilities located in the public 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. 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.

(2) Design requirements.

(a) WCF installations located above the surface grade in the public ROW, including 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) Antennas, support equipment, and related 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) 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.

(4) A road opening permit shall be required.

(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 edge of the cartway or the face of the curb or within an easement extending onto a privately owned lot.

(b) Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping and other decorative features, as needed, to the satisfaction of the Township. Landscaping shall include 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. All proposed landscaping shall comply with the requirements of the Township's Environmental Protection Ordinance and Subdivision and Land Development Ordinance. 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.

(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 proposed underground vault 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.

§ 139-93.2 Wind energy systems.

[Added 9-27-2010 by Ord. No. 4-2010]

A. Purpose. The purpose of wind energy systems for energy generation shall be to:

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

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

(3) Reduce carbon emissions and dependence on nonrenewable energy.

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

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

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

B. Use provisions.

(1) 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.

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

C. Standards for wind energy systems. The following standards will be considered by the Zoning Hearing Board prior to permitting wind energy systems:

(1) 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.

(2) 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.

(3) 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.

(4) 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).

(5) 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.

(6) 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.

(7) 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).

(8) 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.

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

(10) 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.

(11) 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.

(12) 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.

(13) 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.

(14) 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.

(a) Measures to reduce significant impact may include, but are not limited to, the following:

[1] Conducting biologically appropriate baseline wildlife surveys or reviewing available published surveys, such as those undertaken by the National Audubon Society in designating the Upper Ridley Crum Important Bird Area, in the areas affected by the proposed wind energy system to determine wildlife species present and patterns of habitat use.

[2] Selecting turbine locations to reduce the likelihood of significant adverse impacts on wildlife based on expert analysis of baseline data.

[3] Designing turbine towers to reduce horizontal surfaces for perching.

[4] Designing turbine towers and pad-mounted transformers to avoid creation of artificial habitat or shelter for birds or raptor prey.

[5] Spreading gravel on turbine pad areas to minimize weeds and to avoid creation of wildlife habitat.

[6] Using anti-perching protection devices on transmission line support structures and appropriate spacing of conductors.

[7] Avoiding construction activities near nesting locations during sensitive breeding periods and using appropriate no-construction buffers around known nest sites.

[8] Developing a plan for post-construction monitoring of the wind energy system site using appropriate survey protocols to measure the impact of the project on wildlife in the area.

[9] The applicant shall demonstrate compliance with the above measures to the maximum extent practicable or suggest alternative measures that achieve similar results and reduce the likelihood of significant adverse effects on wildlife and wildlife habitat.

(15) General standards.

(a) Any wind energy system not in compliance with the standards contained herein shall be considered to be a nuisance, as defined and regulated in Chapter 93, Nuisances.

(b) There shall be no commercial use of the wind energy system for the generation of energy, except for that energy generated in excess of the requirements of the property and purchased by a public utility in accordance with the law or other government regulations.

(c) Wind energy generation shall be limited to one wind energy system per lot or tract of land.

(d) The applicant shall demonstrate that the proposed site has sufficient wind for the continued and proper operation of the wind energy system.

(e) No wind energy system shall be placed in the front yard.

(f) No wind energy system blade at its lowest point shall be closer to the surface of the ground than 15 feet.

§ 139-93.3 Solar energy systems.

[Added 6-20-2011 by Ord. No. 6-2011]

A. Purposes. The purpose of solar energy systems for energy generation shall be to:

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

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

(3) Reduce carbon emissions and dependence on nonrenewable energy.

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

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

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

B. Use provisions.

(1) 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.

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

C. Standards for solar energy systems.

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

(a) Ground mounted solar energy systems.

[1] Ground mounted systems shall comply with all area, height and setback requirements for the zoning district within which the solar energy system is installed, except that in no case shall ground mounted systems be set back less than 20 feet from all property lines. The area of a ground mounted solar energy system shall be calculated as building coverage and shall not exceed the building coverage of the underlying zoning district. The area of a ground mounted solar energy system is the dimension of the footprint of the cumulative solar panel(s), regardless of mounting angle. Where two or more panels are grouped together, the dimensions (length and/or width) shall be the cumulative dimension of the panels.

[2] All exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit.

[3] Ground mounted systems shall not be permitted in a front yard.

[4] Any earth disturbance attributable to system installation or removal shall be rectified; all disturbed areas shall be graded and reseeded or otherwise stabilized.

[5] Ground arrays shall not exceed a height of 15 feet.

(b) Roof mounted solar energy systems.

[1] Roof mounted systems shall conform to the height regulations of the underlying zoning district except that the height of the solar energy system may exceed the maximum height of the underlying district by no more than 24 inches.

[2] In no instance shall any part of the solar energy system extend beyond the edge of the roof.

[3] Applicants shall document that the structural integrity of their roof is sufficient to support a roof mounted system.

(2) 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.

(3) 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).

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

(5) 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.

(6) 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.

(7) 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.

(8) 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.

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

(10) 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.

(11) 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.

(12) General standards.

(a) If a solar energy system is proposed to be located within 100 feet of a Class I Class IB, or Class II historic resource the system shall be approved by the Board of Supervisors following recommendation from the Historical Commission.

(b) A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where necessary to ensure that solar access to any solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easements from neighboring property owners and to notify the Township upon the recording of any such easement. All solar access easements shall be recorded in the office of the Chester County Recorder of Deeds.

(c) Any solar energy system not in compliance with the standards contained herein shall be considered to be a nuisance, as defined and regulated in Chapter 93, Nuisances.

§ 139-94 Yard exception for accessory uses and buildings.

[Amended 11-11-2002 by Ord. No. 4-2002; 3-14-2016 by Ord. No. 5-2016]

A. An arbor, trellis, garden shed, pool equipment shed or pad, tool shed or similar uninhabitable accessory structure/building (but not to include a garage for the storage of automobiles, a swimming pool, pool house, outdoor fireplace, outdoor kitchen, tennis court, boathouse or other recreational facility, which is separate from the principal building) may be located in the required side and/or rear yard, but not the front yard, as follows:

[Amended 3-13-2023 by Ord. No. 2-2023]

(1) 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.

(2) 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.

(3) 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.

B. Any structure/building with a footprint of more than 150 square feet shall not be permitted in the required yards. A maximum of two accessory structures/buildings may be permitted in the side and/or rear yards pursuant to this section. Where the principal building is situated at or near the rear yard setback line due to environmental, infrastructure, and/or other constraints in the front yard, the Zoning Officer may, where in his/her professional judgment there exists an undue hardship, reduce the property line setback for the yard exception to 10 feet in the RU, RA and RA-1 (without public water) districts, and five feet in the RA-1 (with public water), R-1, R-2, and OSC districts.

§ 139-95 Common garages.

A common garage is a structure erected on two adjoining lots, extending over the property line separating the two lots, and serving two main buildings, one on each of said lots. A common garage which is not an integral structural part of a main building may be erected on adjoining lots to serve no more than two main buildings, one on each of the adjoining lots, in the area which would otherwise be a required side yard, provided that the common garage is situated not less than 10 feet further back from the street line than the rearmost portion of either the main building and, with respect to such common garage, no setback from the property line shall be required.

§ 139-96 Visual obstructions prohibited.

[Amended 6-4-2004 by Ord. No. 5-2004]

On any corner lot, or at any accessway, no wall, fence, sign or other structure shall be erected, maintained or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street, highway or public road by obscuring the view.

§ 139-97 Prohibited uses.

A. No building may be erected, altered or used and no lot or premises may be used in any Zoning District for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise or which constitutes a public hazard, whether by fire, explosion or otherwise, in the immediately surrounding area. In an Industrial District, no use which shall create a noxious, offensive or hazardous condition beyond a property line shall be permitted.

(1) 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:

(a) Constitute any nuisance whatsoever or any damage to health, livestock, vegetables or any other property by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust beyond the property line.

(b) Result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line.

(c) Endanger surrounding areas by reason of fire or explosion.

(d) Produce objectionable heat, glare or radiation beyond the property line.

(e) Result in electrical disturbance in nearby residences; or adversely affect the operation of equipment other than on the property from which the disturbance emanates.

(f) Discharge any untreated sewage or industrial waste into any stream or otherwise contribute to the pollution of surface or underground waters.

(g) Result in congestion or hazardous traffic conditions on the highway or in any adjacent area or generate a nuisance to surrounding property by reason of truck traffic.

(h) Endanger the underground water level or supply to other properties.

(i) Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.

(2) 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.

B. No lot shall be used for a commercial piggery or commercial livestock feed yard.

[Amended 11-11-2002 by Ord. No. 5-2002]

C. No stable or any other building for the housing of a horse or horses or similar animal or animals shall be permitted on a lot of less than four acres; a building permitted by this chapter must have a minimum of two acres of dedicated pasture land exclusive of enclosed structures; such buildings may not house more than one horse or similar animal for each acre of dedicated pasture land; no horse or horses or similar animal or animals may be kept upon a lot or upon land in excess of the number which would be permitted to be housed in a building thereon.

[Amended 6-25-2001 by Ord. No. 4-2001]

§ 139-98 Off-street parking space.

[Amended 5-13-1986 by Ord. No. 4-1986]

A. Applicability.

(1) Off-street parking facilities shall be provided whenever:

(a) A building is constructed or a new use is established.

(b) The use of an existing building is changed to a use requiring more parking facilities as determined by this section.

(c) An existing building is altered so as to increase the amount of parking space required as determined by this section.

(2) 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.

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

B. Use.

(1) 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.

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

C. Location. All parking spaces shall be on the same lot as the principal building and within 400 feet of the building which determines the number of the required parking spaces. No parking space shall be located closer than 20 feet to any building except a garage or single-family detached dwelling or other structure accessory thereto.

D. Size.

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

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

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

				Aisle Width
	Parking Angle (degrees)	Space Width	Space Length	1-Way	2-Way	Width at Curb
	90	10 feet 0 inches	20 feet 0 inches	24 feet 0 inches	24 feet 0 inches	10 feet 0 inches
	60	10 feet 0 inches	24 feet 0 inches	18 feet 0 inches	22 feet 0 inches	11 feet 0 inches
	45	10 feet 0 inches	20 feet 0 inches	15 feet 0 inches	20 feet 0 inches	13 feet 0 inches
	Parallel parking	10 feet 0 inches	24 feet 0 inches	12 feet 0 inches	24 feet 0 inches	N/A

E. Design of parking lots. The following standards shall apply:

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

(2) Parking spaces shall open directly into an access aisle.

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

[Added 7-8-1986 by Ord. No. 7-1986]

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

(5) 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.

(6) 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.

F. Handicapped parking. The following shall apply to commercial, industrial, office, institutional and educational uses:

(1) 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.

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

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

(4) 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.

(5) 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.

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

G. Residential parking requirements. Two spaces per dwelling unit (a principal residence and accessory apartment constitutes two dwelling units), including single-family, two-family and multiple-family dwellings, shall be provided. Garages and driveway areas may be used in the calculation for providing off-street parking only if the use of the driveway areas would not block access to the garage.

[Amended 9-26-1995 by Ord. No. 7-1995]

H. Nonresidential parking requirements.

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

(2) 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.

(3) 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.

(4) 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.

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

[Amended 3-24-1997 by Ord. No. 2-1997; 10-27-1997 by Ord. No. 5-1997; 6-16-1998 by Ord. No. 4-1998; 10-14-2003 by Ord. No. 6-2003;1-24-2011 by Ord. No. 2-2011]

	Use	Minimum Parking Requirement (Based on Maximum Capacity) (spaces)
	Adult entertainment, gaming and off-track betting	1 per 50 square feet of area devoted to patron use
	Auditorium, theater, library, place of worship, club or lodge, funeral home or other place of public assemblage	1 per 3 seats or 1 per 100 square feet of floor area devoted to general use, whichever is greater
	Doctor, dentist medical clinic or related facility associated with out-patient care	6 per doctor or 1 per 150 square feet of total floor area, whichever is greater
	Garden center	Parking or storage spaces specifically reserved for all vehicles used directly in the conduct of such business, plus one parking space per 100 square feet of floor area of all buildings and accessory structures open to the public plus one space for every two full-time employees
	Gasoline service station and/or repair garage facility	6 per service bay
	Golf course	8 per tee
	Heavy Industry/manufacturing, incinerators, and power and electric generation facilities	1 per 1,000 square feet of total floor area or 1.1 per employee, whichever is greater
	Indoor recreational establishment	1 per 50 square feet of area devoted to patron use
	Industry, wholesale storage or distribution and administrative office	1 per 1,000 square feet of total floor area or 1.1 per employee, whichever is greater
	Laboratory or research	1 per 200 square feet of total floor area
	Landfills and quarries	1.1 per employee
	Motel, hotel, tourist home or similar establishment	1 per rental unit
	Nursing home or hospital	1 per 1 patient bed
	Personal care facility	0.6 per rental unit
	Day-care center	3.5 per 1,000 square feet of total floor area
	Professional and general office, other than a real estate office or doctor, dentist, medical clinic or related facility associated with out-patient care	1 per 200 square feet of total floor area
	Real estate office	1 per 100 square feet of total floor area
	Restaurant, tavern or similar use	1 per 2 seats or 1 per 100 square feet of total floor area, whichever is greater
	Restaurant with no indoor seating provided	1 per 1,000 square feet of lot area or 1 per 50 square feet of total floor area, whichever is greater
	Retail establishment, including barbershop, beauty parlor and bank	1 per 150 square feet of total floor area
	Retirement community and life- care facility	2 per dwelling unit, plus 1 per patient bed
	School:
	Adult	1 per student
	Elementary school, nursery school or day care	1 per 15 students
	All other schools	1 per 10 students, plus 1 per 10 fixed seats in an auditorium
	Truck terminals	1.1 per employee, excluding parking for trucks and tractor-trailers

I. Reduction of parking spaces; parking reserve area.

(1) 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.

(2) 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.

J. Interior circulations.

(1) Design of access aisles and drives.

(a) Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery and other service vehicles shall be arranged as to prevent blocking or interfering with accessways and the use of automobile parking facilities or pedestrianways and shall have adequate turnaround surface so egress to the street is in a forward direction.

(b) Accessways, parking areas and loading areas shall have clearly defined parking bays and traffic circulation lanes designated by markings, curbs, barriers and/or landscaped islands, so that operators of vehicles intending to patronize such parking areas shall not impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.

(c) To assist in traffic channelization, raised islands shall be placed at the ends of parking bays so that the end of the bay adjacent to a driving aisle or ring road is clearly delineated. Such islands shall preferably be landscaped, but shall be designed so as not to impair visibility needed for traffic flow and turning movements.

(d) Traffic channelization shall be planned in such a way that a main driving aisle from which vehicles can flow off the street and into the site and parking bays is remote from the primary building(s) so as to avoid traffic conflicts in front of the primary building(s).

(e) Parking areas shall be designed so that a vehicle within a parking area will not have to enter a public street to move from one location to any other location within the parking area or lot. Turnaround surface shall be provided so egress to the street is in a forward direction.

K. Loading and unloading. In connection with any use, building or structure which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles there shall be provided a sufficient number of off-street loading and unloading berths for the intended use, in accordance with the following requirements:

(1) 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.

(2) Space allowed.

(a) Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof.

(b) Required off-street parking spaces or accessways shall not be used for loading and unloading purposes except during hours when business operations are suspended.

(c) Number of spaces. Buildings with commercial, industrial or storage use, which exceed 6,000 square feet of gross leasable floor area, shall be provided with a minimum of one off-street loading and unloading space.

(d) Access. Off-street loading and unloading areas shall be provided with proper and safe access, preferably separate from other vehicular and pedestrian circulation. In any case, loading and unloading operations, including arrival and departure, shall not interfere with traffic and pedestrian circulation on public streets or within required off-street parking areas.

(e) Size. Loading and unloading space shall be at least 12 feet wide, 14 feet vertical clearance and 55 feet deep and shall have an adequate maneuvering apron.

(f) Surfacing. Loading and unloading spaces shall have paved all-weather dustless surfaces of sufficient load-bearing properties consistent with the intended use.

§ 139-99 Landscaping within parking areas.

[Added 5-13-1986 by Ord. No. 4-1986[1]; amended 11-14-1995 by Ord. No. 9-1995]

Landscaping within parking areas shall be governed by the provisions of Chapter 73, Environmental Protection, Article X, Landscaping, Buffering and Screening; Development and Construction Standards, of this Code, § 73-54, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in Article XXIII of this chapter and the Municipalities Planning Code.[2]

[1] Editor's Note: This ordinance also repealed former § 139-99, Loading and unloading. See now § 139-98K.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

§ 139-100 Highway frontage development.

In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following special provisions shall apply:

A. All areas for off-street parking, off-street loading and unloading and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting, strip, wall or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways.

B. Each separate use or grouping of buildings constructed in accordance with a single plan shall have not more than two accessways to any one highway. Each grouping of uses shall share common accessways, and, where practicable, access shall be provided to a minor street or service driveway.

C. No accessway to a parking lot shall be more than 24 feet in width. Other accessways shall be designed according to the requirements of the Township Engineer or the Pennsylvania Department of Transportation.

D. All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling, shall be adequately illuminated during night hours of use.

§ 139-100.1 Traffic impact studies.

[Added 5-19-1998 by Ord. No. 3-1998]

Traffic impact studies shall be governed by the provisions of Chapter 123, Subdivision and Land Development, Article VI, Design Standards, of this Code, § 123-30, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in Article XXIII of this chapter and the Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 139-101 Surface land uses affiliated with transmission pipelines. [1]

[Added 12-15-2014 by Ord. No. 8-2014]

A. The purpose of this section shall be to:

(1) 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.

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

(3) 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.

[2] Editor's Note: See 58 Pa.C.S.A. § 3201.

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

B. Use provisions.

(1) 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.

(2) 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.

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

(4) 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.

C. Standards for surface land uses affiliated with transmission pipelines. The following standards will be considered by the Township prior to permitting surface land uses affiliated with transmission pipelines:

(1) Setbacks.

(a) Unless otherwise approved by the Board of Supervisors upon recommendation of the Township Planning Commission, the applicant shall demonstrate that the setbacks for surface land uses affiliated with transmission pipelines and all supporting equipment and structures to any property line or right-of-way shall be consistent with the minimum setback in the underlying zoning district. In addition, surface land uses affiliated with transmission pipelines and all supporting equipment and structures shall be set back a minimum of 750 feet from residential buildings and all commercial, industrial and institutional uses, or a minimum of 500 feet from the nearest lot line, whichever is greater. While these setbacks originated in amendments to the Pennsylvania Oil and Gas Act (Act 13 of 2012), the Township intends to monitor emerging science on setback safety and revise these standards periodically. Where yard area or other setbacks of the underlying zoning district contradict these standards, the larger of the setbacks shall apply.

(b) Setbacks may be modified by the Township pursuant to the type of material being managed at the surface land use affiliated with transmission pipelines, whether the use is adjacent to areas of high on-site population, and the current status of science regarding safety protocols in proximity to pipelines or surface land uses affiliated with transmission pipelines. The Township shall, on a case-by-case basis, determine if increased setbacks are warranted consistent with the potential impact radius (PIR), defined by the relationship between the diameter of the adjacent pipeline (and appurtenances) and its maximum operating pressure (See 139 Attachment 2.[3]), whether high on-site populations are located in close proximity (often referred to as "high consequence areas"), and whether more than one transmission pipeline (such as coupled lines) will be managed at the surface land use affiliated thereto. The PIR approach is applicable only to surface land uses affiliated with gas or petroleum gas transmission pipelines as defined by 49 CFR 192.3. Surface land uses affiliated with transmission pipelines carrying hazardous liquids, as defined by 49 CFR 195.2, shall adhere to the setback standards contained in this subsection.

[3] Editor's Note: The attachment, 139 Attachment 2, is on file in the Township offices.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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).

(11) 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.

(12) 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.

(13) 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.

[1] Editor's Note: Former § 139-101, Lot averaging option, as amended, was repealed 11-10-2008 by Ord. No. 4-2008.

§ 139-102 Forestry. [1]

[Added 6-25-2001 by Ord. No. 4-2001]

Forestry, when practiced in accordance with sound forest management practices in accordance with appropriate federal and state guidelines, and in accordance with the requirements of Chapter 73 of the Code, shall be permitted in all zoning districts.

[1] Editor's Note: Former § 139-102, Cluster development, was repealed 6-28-1999 by Ord. No. 2-1999.

§ 139-103 Front yard exception.

A. In HB Highway Business Districts, and in O-P Office-Professional Districts, the front yard of a proposed building may be decreased in depth to the average alignment of existing buildings within 200 feet on each side of the proposed building and within the same block, if such alignment of existing buildings is less than the front yard requirement for the district.

B. The Board of Supervisors, in accepting dedication of ground for highway widening purposes in HB Highway Business, I Restricted Industrial or O-P Office-Professional Districts may provide that the existing building line for premises fronting thereon shall remain unchanged or may designate a new building line not closer to the new street line than such existing building line.

C. In R-3 Districts, a porch on a single-family detached dwelling may project six feet into the required front yard provided the maximum building and impervious coverages are not exceeded.

[Added 3-13-2023 by Ord. No. 2-2023]

§ 139-104 Helistop and other aviation facilities. [1]

[Added 11-8-2004 by Ord. No. 11-2004]

A. Helistops are permitted as a special exception in the I Restricted Industrial District as an accessory use on the same lot with and incidental to a use permitted within the I Restricted Industrial District upon approval of the Zoning Hearing Board, subject to the terms of § 139-126 and the following provisions:

(1) 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.

(2) The helistop shall be used only for the following uses:

(a) Personal or executive use by a firm or individual.

(b) Law enforcement or other governmental purpose.

(c) For emergencies accessory to a permitted hospital use.

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

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

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

B. It shall be unlawful for any person to land, discharge, load or take off in a helicopter in any place in the Township other than at a helistop, except:

(1) 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.

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

(3) 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.

C. It shall be unlawful for any person to land, discharge, load or take off in any type of fixed-wing aircraft, including any ultralight aircraft, in any place in the Township, except 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.

D. Heliports and airports are not permitted in any zoning district.

[1] Editor's Note: Former § 139-104, Minimum distance from body of water, was repealed 3-13-2000 by Ord. No. 1-2000.

§ 139-105 Fences or walls.

[Amended 7-26-1994 by Ord. No. 2-1994; 12-17-2001 by Ord. No. 6-2001; 7-19-2004 by Ord. No. 6-2004; 11-27-2006 by Ord. No. 6-2006]

A. The construction or erection of all fences and walls shall be in strict conformity with all of the regulations of this section, together with any regulations not inconsistent herewith found elsewhere in this chapter.

B. No fence or wall or portion or component thereof (except a retaining wall or a wall of a building permitted under the terms of this chapter) over six feet in height from the natural grade adjoining the fence or wall at any point shall be erected.

C. The Zoning Officer may waive the height limitation in Subsection B for the construction or maintenance of a fence erected to enclose a recreation facility such as a tennis court, so long as the fence is integral to the recreation use and complies with the required building setbacks applicable to the zoning district.

D. A fence 50% or more open, when viewed at a ninety-degree angle, may be permitted along or within the limits of the property lines of a lot. No solid fence or wall less than 50% open, when viewed at a ninety-degree angle, or any portion or component thereof, shall be erected on a lot unless the fence or wall complies with the required building setbacks applicable to the zoning district. The Zoning Officer may permit, upon written agreement between or among property owners affected by the wall or fence, the erection of a solid landscaping wall or fence along or within the area of a lot bounded by the property lines and the required building setbacks.

E. No fence or portion or component thereof shall be erected within the street right-of-way or cause obstruction of sight distance at intersections or impede water flow of swales and streams.

F. No fence or portion or component thereof shall be erected on or after the effective date of this section unless and until the owner of the property on which the fence is to be located shall have first obtained from the Zoning Officer a zoning permit therefor. Applications for fence zoning permits shall be on the form prepared for this purpose by the Zoning Officer or his designee from time to time, and the requisite fee for the issuance of such permit shall be determined by the Board from time to time by resolution. No zoning permit for a fence shall be issued except following review of the application therefor, which shall include, in addition to such other materials as may be specified on the application form, a plot plan of the outer bounds of the property(s) on which the fence is proposed to be erected with at least the accuracy of the official Chester County Tax Map for the Township and indicating, to scale, the proposed location of the fence in plan view; an indication by note or by reference disclosing the title owner of the properties immediately adjoining the subject property and the nature of their development; an elevation architectural drawing or suitable reproduction of such drawing from promotional materials of the manufacturer of the fence proposed to be erected indicating, to scale, the materials, colors, surface treatment, components, dimensions, manner of connection and alteration of direction and manner of installation of the proposed fence; and the name of the contractor performing the installation.

G. The requirement for a permit in Subsection F hereof is waived for the construction or maintenance of a fence erected to enclose an agricultural use, provided that the construction or maintenance shall meet the other requirements of this section. No other permits which may be required under law are waived by this subsection.

H. The requirements of this section are not to be intended to supersede or alter the requirements of any other section of this Code.

§ 139-106 Outside lighting.

[Amended 11-11-2002 by Ord. No. 6-2002]

All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance to users of adjoining streets and property or subject them to direct glare or hazardous interference of any kind and especially as regards rendering traffic signals inconspicuous. Luminaries shall be approved by the Township Engineer as to their height and glare-shielding equipment. Specific outdoor lighting standards are set forth in § 123-39 pertaining to outdoor lighting.

§ 139-107 Conservation requirements.

A. All development activities shall comply with the requirements of Chapter 73, Environmental Protection, Article II, Conservation Practices, of this Code, §§ 73-5 to 73-10, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in Article XXIII of this chapter and the Municipalities Planning Code.[1]

[Amended 11-14-1995 by Ord. No. 9-1995]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

B. In developments of more than five dwelling units, trees of desirable species with trunks greater than 18 inches in circumference at chest height and within the capacity of modern tree transplanting equipment shall be preserved and used to line drives, shade buildings, provide seclusion and enhance the development's landscaping scheme, which shall include provision for at least five trees per acre for tract.

C. Topsoil shall be preserved from burial and erosion during the course of development and shall be redistributed as cover in final landscaping.

D. Streams shall be protected from silting.

E. Plans for development shall be reviewed by the Chester County Soil Conservation Service to assure that earthmoving and construction will be done in such a way as to minimize silting, erosion and gullying and to conserve topsoil.

§ 139-108 Common open space.

A. Methods of ownership. Any of the following methods may be used, either individually or together, to preserve, own and maintain common open space as permitted by this chapter: condominium, homeowners' association, dedication in fee simple, dedication of easements and transfer of fee simple title and easements to a private conservation organization. Such land shall not be eligible for transfer to another party except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio. The following specific requirements are associated with each of the various methods:

(1) 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.

[1] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

(2) 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.

[2] Editor's Note: See 53 P.S. § 10705, Subdivision (d)(2).

(3) 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.

(4) 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.

(5) 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.

B. Specific requirements for homeowners' association. If a homeowners' association is formed, it shall be governed according to the following regulations:

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

(2) 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.

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

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

(5) 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.

(6) 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.

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

(8) 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.

C. Use and design.

(1) 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.

(2) 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.

[Amended 6-28-1999 by Ord. No. 2-1999]

D. Maintenance.

(1) 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.

(2) 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.

(3) 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.