Township of Solebury, PA Part 26 SPECIAL PROVISIONS

§ 27-2601 Purpose.

[Ord. 94, 6/8/1988, § 1900]

This part identifies special regulations for: principal and accessory uses; limitations to development within the carbonate geology areas, along the Delaware Canal and around historic areas; controls to development through buffer area and landscaping treatment; and safeguards to development through the mitigation of adverse environmental impacts.

§ 27-2602 Special Principal Use Regulations.

[Ord. 94, 6/8/1988, § 1901; as amended by Ord. 108, 7/18/1989, §§ 3–5; by Ord. 113, 1/16/1990, §§ 76–79; by Ord. 138, 5/26/1992, § 45; by Ord. 153, 5/3/1994, § 1; by Ord. 181, 5/16/2000, § I.5; by Ord. 189, 10/16/2001, § I.9, .10; by Ord. 206, 8/5/2003, §§ 2–4; by Ord. 2005-6, 7/5/2005, §§ 3, 4; by Ord. 2011-4, 5/3/2011, Arts. XXXIX, XL; by Ord. 2011-7, 6/21/2011, Arts. V, VI; by Ord. 2012-2, 5/15/2012, Arts. IX–XII; and by A.O.]

1. In addition to the regulations set forth in § 27-2609, the following shall apply:

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

(1) Each such building shall be placed on a pad, or a footing or foundation at least equal in length and width to the dimensions of the building to be placed thereon.

(2) The pad, at least six inches in thickness, shall be constructed of reinforced concrete to support the building and to prevent abnormal settling or heaving under the weight of the home. The corners of the building shall be secured to prevent wind overturn and rocking with at least six tie-downs such as concrete "dead men," screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.

B. Mobile Home Park.

(1) A distinction shall be made between single-wide (single width) mobile homes and double-wide (double width) mobile homes and shall conform to the following standards and all environmental controls of § 27-2611.

(2) For planning and enforcement purposes a plan shall be prepared that provides each mobile home with a lot that complies with the following dimensional standards and requirements:

Table of Dimensional Requirements for Mobile home Lots
				Minimum Yards
	Minimum Lot Area	Minimum Lot Width At Building Lines	Maximum Impervious Surfaces on-lot (percent)	Front	Side	Rear	Minimum Between Units
				(feet)
Single-wide units less than 61 feet long	4,800 square feet	45 feet	35	20	5	15	30 feet
Single-wide units 61 feet and longer	5,250 square feet	45 feet	35	20	5	15	30 feet
Double-wide units	7,000 square feet	60 feet	35	30	5	15	30 feet
Accessory building				30	15	15	10 feet

(3) All mobile homes shall be set back from existing abutting public streets or roads. These minimum setback lines shall be measured from the street line:

(a) Arterial highway: 120 feet.

(b) Collector road: 80 feet.

(c) Local road: 60 feet.

(d) Residential: 50 feet.

(e) Marginal access street: 40 feet.

(4) An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. The hitch which is employed for the normal movement of the unit shall be removed.

(5) No mobile home shall be erected on a mobile home lot except upon a mobile home pad. Each mobile home unit shall have its own separate pad.

(6) Off-Street Parking.

(a) Three off-street parking spaces shall be provided for each mobile home lot, of which two shall be on the mobile home lot. All parking spaces and driveways shall be at least five feet from any side or rear mobile home lot line.

(b) Where recreational facilities are provided within a mobile home park, the same shall be equipped with adequate off-street parking facilities in accordance with Part 23.

(c) Parking shall be prohibited on internal roads and it shall be the duty of the owner or operator of the mobile home park to enforce this provision.

(7) Service Buildings. Within a mobile home park nonresidential uses such as a management office, storage facilities for the park residents, laundry facilities, maintenance building and storage for park maintenance equipment and a community roam for the use of the park residents may be constructed subject to the following standards:

(a) A maximum of 10% of the base site area may be used for these purposes. Included in computing the area shall be the buildings, parking and all required setbacks.

(b) All service buildings must be set back at least 50 feet from adjacent mobile homes.

(c) All service buildings must be set back 50 feet from interior streets in the mobile home park.

C. (Reserved)[1]

[1] Editor’s Note: Former Subsection C, Group Homes, was repealed 1-15-2019 by Ord. No. 2019-002.

D. Long-Term Residential Health Care Facility.

[Added by Ord. No. 2019-002, 1/15/2019[2]]

(1) A long-term residential health care facility must meet all applicable licensing and inspection regulations of the county, state, and federal government.

(a) Proof of any required licensing shall be submitted with applications for a long-term residential health care facility use.

(b) Proof of compliance with all applicable county, state and federal regulations shall be filed with the Township prior to the issuance of a zoning permit and a use and occupancy permit.

(c) All renewals, amendments or new licenses shall be filed with the Township as they are issued.

(d) An applicant shall also file with its application a copy of its admission criteria and any other information sufficient to demonstrate the nature of the proposed use.

(2) Permitted Housing Types.

(a) Single-family detached.

(b) Single-family attached:

1) Twin/duplex.

2) Multiplex.

3) Townhouse.

(c) Multifamily: apartments. No apartment building shall be higher than three stories.

(3) The facility shall be served by public water supply and public sewage disposal systems.

(4) Support Facilities.

(a) Retail facilities for the use of the residents and their guests only. No outside advertising for these facilities is permitted.

(b) The retail facilities may occupy no more than 10% of the total floor area.

(c) Retail facilities are limited to the following uses:

1) Barber shop.

2) Beauty salon.

3) Pharmacy for servicing the facility's residents only.

4) Commissary.

5) Newsstand.

6) Snack bar/coffee shop.

7) Handicraft shop.

8) Post office.

(d) Other support facilities include, but are not limited to, lounge areas, reading rooms, art/craft rooms, common dining facilities, and recreational rooms.

(5) Open space and passive recreational areas shall be in accordance with Part 28.

(6) Off-Street Parking. In addition to the requirements of Part 23 and the applicable standards of the zoning district in which the facility is located, all parking lots shall be located in such a way as to be consistent with the visual and aesthetic character of the road(s) on which the parking lot may be located. The Board and/or Zoning Officer may require that parking lots be located to the side and rear of the building, and/or may require additional landscaping and/or berms and/or setbacks as necessary to maintain the character of the surrounding area. Ambulance access shall be located as far as possible from adjacent residential properties to minimize noise disruptions to neighboring properties.

(7) Fire Protection. All rooms shall be provided with sprinkler systems for fire protection and shall contain and be served by a wet charged standpipe to the top floor. All units shall be equipped with smoke detectors and carbon monoxide detectors, which shall be hard wired and monitored by a central monitoring facility.

(8) At the time of application, the applicant shall submit to the Township a transportation plan which shall outline a transportation service for the residents, to be provided by the owner or manager, providing access to primary services at reasonable intervals. This plan is subject to the Township's approval.

(9) Safety Features. It is necessary in the design and development of a long-term residential health care facility that the safety and physical capabilities of the future residents be considered. The design features of the facility shall be such that potentially dangerous situations are minimized and the independence and mobility for the residents maximized. The developer will be required to submit architectural drawings to the Township and to the Pennsylvania Department of Licensing and Inspection to ensure that this is the case. All buildings are subject to the Township Building Code (Chapter 5, Part 1).

(10) The facility shall be built as a single legal entity and shall be owned by a single legal entity. Fee sale of units is prohibited. All common facilities to support the needs of residents of the facility shall remain under the ownership of a single legal entity.

(11) All other applicable provisions of the Township's Code of Ordinances shall apply, including but not limited to lighting and traffic control regulations.

[2] Editor's Note: This ordinance also repealed former Subsection D, Life Care Facility.

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

[Added by Ord. No. 2019-002, 1/15/2019[3]]

[3] Editor's Note: This ordinance also repealed former Subsection E, Full Care Facility.

F. Multifamily Residential Development.

(1) Spill-Over Parking. A minimum of 0.5 spill-over parking spaces per unit shall be required for all permitted housing types. The required spill-over parking maybe provided for on-street or in common parking lots for the following housing types: single-family detached, single-family detached off center, twins, duplexes, townhouses, patio houses and atrium houses.

(2) In the case of garden apartments and mid-rise apartments, parking shall be provided for in common parking lots. In all cases, spill-over parking shall be provided in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].

(3) Multiplex Units.

(a) Units may be arranged in a variety of configurations; side-by-side, back-to-back, or vertically. The essential feature is the small number of units attached. No more than five units shall be attached in any building, and all multiplex buildings shall average no more than four units per building.

(b) Table of Dimensional Requirements.

1) Minimum lot area per dwelling unit: 2,500 square feet.

2) Minimum lot area per building: 6,000 square feet.

3) Minimum front yards (setback from street): 30 feet.

4) Minimum side yard (each): 15 feet.

5) Minimum rear yard: 25 feet.

6) Minimum lot width (for building):

a) At setback line for lots with required minimum lot size of 6,000 square feet: 60 feet.

b) With required minimum lot size of over 6,000 square feet: 80 feet.

(4) Townhouse Units.

(a) Table of Dimensional Requirements.

1) Minimum lot area per dwelling unit: 2,000 square feet.

a) For other than fee simple ownership, i.e., condominium, minimum ground area per dwelling unit: 2,000 square feet.

2) Minimum lot width at building setback (per unit): 24 feet.

3) Minimum front yard (building setback from street): 30 feet.

4) Minimum building setback from common parking lots: 30 feet.

5) Minimum rear yard: 30 feet.

(b) In the event the units are not fee simple, the dimensions shall apply to building lines.

(5) Garden Apartments.

(a) Table of Minimum Dimensional Requirements.

	Table of Minimum Dimensional Requirements
		Minimum Floor Area (square feet)
	Efficiency	500
	1 BR	655
	2 BR	950
	3 BR	1,125
	4 BR	1,330

1) Minimum lot area per dwelling unit: 2,000 square feet.

2) Minimum lot area per building: one acre.

3) Minimum building setback:

a) Street: 50 feet.

b) Parking: 30 feet.

4) Maximum number of units per building: 16.

G. Day-care center.

(1) The use shall be conducted in a building designed as a single-family detached residence, and all buildings shall be designed for the safety and well-being of the occupants.

(2) An outdoor play area shall be provided and shall be set back 100 feet from a property line. This area shall be fully enclosed by a six-foot high wooden fence and shall be located to the side or rear of the lot. The minimum required areas of such an outdoor recreational facility shall be 200 square feet for each child.

(3) The maximum number of children shall be 10 children per acre.

(4) Prior to the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter 11, § 8A, of the Department of Public Welfare's Social Services manual by that Department to the applicant, subject to licensure under Article X of the Public Welfare Code.

H. Kennel.

(1) No animal shelter or runway shall be located closer than 200 feet from a property boundary, and 350 feet from any building, other than that of the operator.

(2) The total number of dogs on the property shall not exceed three dogs per acre, excluding dogs under six months old.

(3) Any storage of manure shall be located at least 150 feet from any property line or street line.

(4) All dogs shall be confined so that they cannot run free or leave the property.

(5) All dogs must be housed inside from the hours of 8:00 p.m. to 7:00 a.m.

[Added by Ord. No. 2018-004, 3/6/2018; amended by Ord. No. 2018-010, 12/11/2018[4]]

[4] Editor’s Note: This ordinance also repealed former Subsection H(1)(5), which permitted one single-family dwelling on the same tract with this use and renumbered former Subsection H(1)(7) as Subsection H(1)(5).

(6) All runways or other areas where dogs are kept or exercised outdoors shall be totally screened by opaque fencing or plantings.

(7) For the purposes of these use regulations for kennels, "inside" shall mean within a building with enclosing walls and a roof.

[Added by Ord. No. 2018-010, 12/11/2018]

(8) A kennel shall be operated in accordance with all applicable state and federal laws and regulations, including laws on licensing, facility, and standards of care for animals.

[Added by Ord. 2018-004, 3/6/2018]

I. Private Recreational Facility.

(1) No outdoor active recreation area shall be located closer than 100 feet to any lot line.

(2) Outdoor play areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbance and shall comply with the buffer area requirements.

J. Community Center.

(1) The use shall not be conducted as a private gainful business.

(2) No outdoor recreation area shall be located nearer to any lot line than 100 feet; side yard 50 feet; and rear yard 100 feet. All such areas shall be screened by fencing and/or plantings.

K. Golf Course.

(1) A golf course may include as accessory uses a club house, a restaurant cocktail lounge, swimming pool, driving range, tennis courts and a pro shop.

(2) Lot Area.

Regulation	18 hole	6,000-7,000 yards in length	130 acres
Executive	18 hole	3,000-4,000 yards in length	60 acres
Nine hole		3,000-3,500 yards in length	60 acres
Par 3	18 hole	2,000-2,500 yards in length	45 acres

(3) No building, fairway, tee or green shall be closer than 150 feet to any lot line.

(4) Parking areas shall be screened when within 50 feet of a lot line.

L. Office Park.

(1) At least 70% of the total floor space of the park shall be utilized for office uses.

(2) Accessory outside storage or display of materials or goods is not permitted.

(3) Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.

(4) All uses within the office park shall take access from an interior roadway. Access for the park shall be from an arterial or collector highway.

(5) Parking facilities may be located to the front, side, or rear of any building; no closer than 10 feet to any building, or property line unless specified hereafter. In the event the parking stall is located to allow a vehicle to face a building, then the set back shall be 15 feet. A thirty-five-foot set back shall apply for parking in the front yard and a fifty-foot set back shall apply for parking directly adjacent to residential uses. Where the provisions of this subsection conflict with the provisions of § 22-517 of the Township Subdivision and Land Development Ordinance [Chapter 22], the provisions of this subsection shall govern.

(6) Interior roadways shall have street trees in accordance with § 27-2609.

(7) All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and meet the approval of the Township.

(8) Either a loading facility or drop-off circle/lane shall be provided for each building in an office park. Drop-off circles/lanes shall be sufficient to allow service, delivery and emergency vehicles to operate without impeding other vehicular traffic flow.

(9) A twenty-five-foot minimum set back shall be met for building locations from the main entrance drive. The ten-foot minimum set back shall otherwise apply for all paved non-parking vehicle areas throughout an office park.

(10) A minimum building spacing of 50 feet shall exist between each new building to be constructed within an office park. A maximum building footprint of 15,000 square feet and a maximum total building size of 40,000 square feet shall apply to new buildings within an office park.

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

(1) The building or structure of such use shall be located no less than 1,000 feet from any residential use or district, public or private school, church, recreation facility or any other religious, institutional, or educational use.

(2) No such use shall be located within 2,000 feet of a similar use.

(3) No person under the age of 18 years shall be permitted within an adult commercial store or sold any pornographic material.

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

(1) Exterior pole mounted lighting fixtures shall not exceed 10 feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall not exceed an average of one footcandle.

(2) Outdoor collection stations provided for garbage and trash removal shall be screened by a six-foot solid wooden fence or wall.

(3) Village retail uses in Carversville Village Commercial (VC-C) Zoning District-no single retail use shall occupy more than 3,000 square feet on a single floor.

O. Restaurant.

(1) Service area provided for delivery trucks shall be screened from the street and adjacent properties by a six-foot high solid wooden fence or wall.

(2) Such service area shall be so located that it does not cross with patron traffic, either vehicular or pedestrian.

(3) Outdoor storage areas for refuse or trash, shall be screened by a six-foot high solid wooden fence or wall.

P. Amusement Hall and Arcade.

(1) Automatic amusement devices or games in such facilities are coin-operated machines, mechanical machines or electronic machines which operate or may be operated as a game or contest of skill or amusement of any kind or description. Such devices shall be regulated within this use in any location where more than four such devices are located.

(2) This use shall be located no closer than 1,500 feet, measured in all directions, to a school or church.

(3) This use shall only be operated between the hours of 10:00 a.m. and 9:00 p.m.

(4) No audio speakers or equipment shall cause sounds to emanate from the exterior of the premises.

Q. Outdoor Motion Picture Establishment.

(1) Such uses shall have frontage on an arterial or collector highway and all access shall be taken from the arterial or collector highway. The applicant shall provide sufficient vehicle stacking area or an internal access road to insure that entering vehicles will be able to pull off the road.

(2) The showing of obscene material as defined by Pennsylvania statute shall be prohibited.

(3) The motion picture screen shall be no closer to any property line than 100 feet. Other buildings shall be subject to the minimum yard requirements of the zoning district.

(4) The screen viewing surface shall not be visible from a public street.

(5) Neither a public address system nor a general speaker system shall be permitted.

(6) The applicant shall provide a plan for buffering in accordance with § 27-2609, and shall provide along any property line along a residentially zoned district or a property line with an existing residential use and along any road, a six-foot high solid wooden fence.

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

(1) Dimensional Requirements.

(a) Minimum lot area: two acres.

(b) Minimum lot width along all streets: 250 feet.

(c) Minimum distance between all buildings and structures and any residential district or use: 100 feet.

(2) This use shall be permitted only where there is frontage on an arterial road. Ingress and egress shall be at least 100 feet from the intersection of any street right-of-way.

(3) All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

(4) Fuel pumps and canopies shall be at least 25 feet from any future street right-of-way. Each pump shall be equipped with a fire suppression device.

(5) All automobile parts and similar articles shall be stored within a building.

(6) All refuse shall be stored within a building or enclosed area.

(7) Paint spraying or body and fender work shall not be permitted.

(8) Tire changes, and minor repairs are permitted if performed entirely within a building.

(9) No damaged or unlicensed vehicles shall be stored on the site.

(10) No drive-through windows are permitted for sale of convenience items.

(11) This use shall not be permitted within 1,000 feet of any preexisting public or private drinking water supply system or well. Monitoring wells shall be provided.

(12) Parking shall be provided for any convenience commercial or convenience store use that is part of the facility. Parking shall be striped and shall not interfere with access ways or fueling areas.

(13) Applicant shall present a plan to demonstrate the methods by which any underground leaks or spills of liquids will be contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils, and solids. The following standards and procedures shall be met:

(a) The design, layout and construction of the service station use including underground storage tanks shall be in accordance with engineered plans which shall be subject to review by the Township Engineer and approval by the Board of Supervisors.

(b) Underground storage tanks shall be double wall fiberglass tanks constructed in accordance with specifications submitted by the applicant and approved by the Township and having the following features:

1) The interstitial space between the two walls of the fiberglass tanks shall be filled with brine and monitored for level fluctuations.

2) Changes in level of the liquid between the walls must activate a store alarm with notification to a central monitoring system. Within two hours of any event that activates the alarm, management of the service station, shall investigate the cause of the alarm and determine whether it is due to a breach in the fuel containment system. In the event of a breach, the system shall be immediately shut down, the cause of the breach determined and all reasonable and necessary steps to remediate the conditions created by the breach shall be taken.

3) Fuel lines from the tanks to the dispensers shall be two-inch, double walled flexible lines. The product lines shall be placed in four-inch geoduct corrugated pipe. Leak detection devices shall be provided for the double walled flexible lines. All joints of the supply lines shall be in sumps with water and hydrocarbon detection. Dispensers shall be equipped with shear valves, the hose with a double break away poppet valve and an automatic shutoff unit in the base. All leak detection systems shall be equipped with automatic alarms notifying the attendant that the system has detected a change with an automatic dial-in-system notifying a central monitoring service. Any joints in either the product lines or the geoduct lines shall be located within containment units.

4) The components of the leak detection system shall be inspected on a regular basis in accordance with manufacturer's recommendations. A schedule of periodic inspection shall be provided to the Township prior to the issuance of an occupancy permit, and the results of the inspection shall be provided to the Township within 15 days of the occurrence of an inspection.

(c) In addition to the fuel containment and leak protection system described above, the applicant shall maintain a well monitoring system at the site as follows:

1) Prior to approval, applicant shall establish four wells around the perimeter of the property in a manner approved by the Township Engineer. One of the four wells shall be located approximately 10 feet from the perimeter of the tank field where the underground storage tanks will be located. Prior to final land development approval, the wells shall be tested for the following contaminants: benzine, toluene, ethylbenzine, xylene, MTBE and degreasing solvents. EPA method number 524.2 or such other standard as may be current at the time the test is conducted, shall be used with the addition of testing for MTBE. The results of the testing shall be provided to the Township prior to final land development approval and within 10 days of receipt of same.

2) In addition to the above wells, two shallow observation wells having a depth of approximately 15 feet shall be established on diagonal sides of the underground storage tanks.

3) The shallow observation wells shall be tested prior to placing the underground storage tanks in service to determine whether any of the substances identified Subsection 1R(13)(c)1), above are present and if so, the amounts. If at any time there is no ground water in an observation well, ground water testing shall not be required for that well.

4) On a quarterly basis commencing the 90th day after the underground storage tank is put in service, applicant/owner shall obtain a sample from each of the four wells described in Subsection 1R(13)(c)1), above, taken in accordance with a methodology approved by the Township Engineer, which shall be tested utilizing EPA method 524.2 or the then current standard with the addition of MTBE and the results of such testing shall be provided to the Township. If any test reveals the presence of contaminants meeting or exceeding Environmental Protection Agency standards or Pennsylvania Department of Environmental Protection standards, applicant shall undertake an investigation as to the source of the contaminants and, if the contaminants originate from the property, provide a remedial action plan designed to remove the contaminants and to prevent their migration off site. If the investigation reveals that the contaminants originated off site, applicant shall provide notice to the Township indicating the likely source of the contaminants.

(14) This use shall comply with all applicable state and federal regulations regarding the sale and storage of fuel. In the event of a conflict between regulations, the stricter standard shall apply.

(15) No car sales are permitted.

(16) Architectural design shall include: pitched roof; use of traditional or natural materials, reflective of the Township architecture.

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

(1) The sale of merchandise shall be limited to 4,000 square feet of floor area.

(2) Minimum lot area: one acre.

(3) The use must have frontage on an arterial street.

(4) No drive-through windows are permitted.

(5) Trash receptacles shall be provided outside. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be enclosed and screened from view and landscaped.

(6) Architectural design shall include: pitched roof; use of traditional or natural materials, reflective of the Township architecture.

(7) Parking. At least 50% of the required parking shall be located to the side or rear of the principal building and not in the front of the building.

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

(1) All repair, installation of parts, and paint work shall be performed within an enclosed building.

(2) All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties.

(3) All vehicle storage areas shall be screened from all adjacent roads and properties by a solid fence at least six feet in height.

(4) Dimensional Requirements.

(a) Minimum lot area: one acre.

(b) Minimum lot width along all street: 200 feet.

(c) Minimum distance between all buildings and structures and any residential district or use: 100 feet.

(5) No sale of fuel to retail customers is permitted.

(6) If there are fuel storage tanks on the property the requirements listed below shall be met:

(a) Applicant shall present a plan to demonstrate the methods by which any underground leaks or spills of liquids will be contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils, and solids.

(b) This use shall comply with all applicable state and federal regulations regarding the sale and storage of fuel. In the event of a conflict between regulations, the stricter standard shall apply.

(7) Wrecked vehicles or unlicensed vehicles may not be stored in the open at any time and must be completely fenced.

(8) This use is permitted only on lots with frontage on an arterial road.

(9) Architectural design shall include: pitched roof; use of traditional or natural materials, reflective of the Township architecture.

(10) Parking. Spaces within service bays shall not be used to meet off-street parking requirements.

U. Specialty Shopping Center.

(1) Individual stores or offices shall not exceed 5,000 square feet gross floor area.

(2) The specialty shopping center shall be constructed in accordance with a unified plan, and shall be designed as a single architectural unit with landscaping approval by the Township in accordance with § 27-2609.

V. Shopping Center.

(1) No building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line, the distance, at the closest point, between any two buildings or groups of units of attached buildings, shall not be less than 35 feet.

(2) The development shall be constructed in accordance with a unified plan and shall be designed as a single architectural unit with landscaping approved by the Township in accordance with § 27-2609.

(3) Outdoor storage and refuse shall be screened from view from the street or adjacent property with a six-foot high wooden fence.

(4) The proposed development shall be served by public water supply system and public sewage disposal system.

W. Mini-Warehouse.

(1) The minimum aisle width between buildings shall be 26 feet.

(2) The storage facilities complex shall be surrounded by a fence at least six feet in height.

(3) There shall be no outdoor storage unless it is screened from view from the street or adjacent property by a wooden fence of at least six feet in height.

(4) The maximum size of an individual storage unit shall not exceed 250 square feet in area, and 20 feet in height for the usable storage area of the building.

(5) An office and residence is permitted as an accessory use to provide for a full-time manager.

(6) Each group of storage units shall not exceed 6,000 square feet in size.

(7) The lease for the individual storage units shall contain at least the following restrictions:

(a) No business activity shall be conducted on the property other than leasing of storage units.

(b) No explosive, toxic, radioactive or highly flammable materials shall be stored on the property in compliance with the provisions of Part 25.

(8) Parking. One space for each five storage units, or if the size and number of units is flexible, one space for each 2,000 square feet of gross floor area. These parking spaces should be distributed equally throughout the storage area. If a manager's living quarters are included, two additional spaces are required. One additional space for each 25 storage compartments, or, if the size and number of units is flexible, one space for each 10,000 square feet of gross floor area to be located at the project office for use by prospective clients.

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

(1) Landscaping and Screening. There shall be a berm around the perimeter of the quarry, which shall be located within the required side, rear and front yard areas and not closer than 50 feet from the property boundary, or where a street forms the property boundary, not closer that 50 from the ultimate right-of-way of such street. The berm shall have a minimum height of 15 feet and maximum height of 35 feet. The slope of sides of the berm shall not exceed a 3:1 ratio. Berms shall be planted and all landscaping shall be in accordance with requirements for a Type 1 buffer pursuant to § 22-520, Subsection 1D and .E, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22]. Erosion control measures shall be in accordance with the Subdivision Ordinance. [Chapter 22]

(2) Fencing. A chain-link type fence at least six feet in height, surmounted by three strands of barbed wire, shall be provided around the perimeter of the quarry and maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet. The fence shall be set back at least 15 feet from any property line or street line.

(3) Slope of Excavation. The quarry walls shall be sloped in accordance with the provisions of Pennsylvania Surface Mining Conservation and Reclamation Act, 52 P.S. § 1396.1 et seq., and the rules and regulations adopted pursuant thereto. No slope shall be maintained exceeding the normal limiting angle of repose of the material in which the excavation or extraction should be made. No under cutting shall be permitted within any required setback area.

(4) Setback. Extraction shall not be conducted closer than 200 feet to a property line nor closer than 300 feet from the street line, nor closer than 400 feet to the point of intersection of the street line. The setback area shall not be used for any other use in conjunction with extraction except: access streets, berm, screening, directional signs, public notice signs identifying the excavation, business signs identifying the occupant, and buildings and structures in conformity with the applicable provisions of this chapter.

(5) Lateral Support. All operations shall be conducted with sufficient lateral support to be safe with respect to: (a) hazard to persons, (b) physical damage to adjacent lands or improvements, or (c) damage to any street, sidewalk, parking area, or utility by reason of slide, sinking or collapse.

(6) Stockpiles. Stockpiles shall not exceed 100 feet in height and the toe of the slope shall not be located closer than 200 feet from any property line nor closer than 300 feet from the street line.

(7) Drainage. All drainage from the site of extractive operations shall be controlled by dikes, barriers, or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties.

(8) Control of Vibration. Ground vibration caused by blasting or machinery shall not exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164–168, and the rules and regulations adopted thereunder, with the exception that blasting shall not cause a peak particle velocity greater than one inch per second, measured at any property line or street line.

(9) Operations. The mixing of rock materials with asphaltic oils or other binders for road building and construction purposes shall only be permitted as a conditional use.

(10) Internal Circulation. An adequate internal circulation pattern of streets shall be maintained between excavation and processing areas. The use of public streets shall not be permitted for hauling between extraction and processing.

(11) All necessary precautions must be taken to ensure the safety of motorists traveling on any public highway intersected by any internal circulation pattern. These precautions shall include, but not be limited to, the following items:

(a) Stop signs shall be placed at the intersection of all internal roadways with public highways, halting all internal traffic in any direction before the crossing of the public highway.

(b) Street signs as permitted by PennDOT on all public highways intersected by internal roadways, at a point 150 feet from the intersection of the public highway indicating that caution should be observed and that trucks will be crossing 150 feet from the signs.

(c) Caution lights as permitted by PennDOT are to be provided, having at least two blinking yellow lights sufficient to attract the attention of a passing motorist, attached to a sign advising that caution should be observed due to a truck crossing ahead, and the signs shall be at a distance of 300 feet from the intersection of the public highway and internal roadway, or less if necessary, so that one sign faces each direction of travel upon the public highway.

(12) Permits Required. The operator shall, within six months of the effective date of this chapter, obtain a use and occupancy permit in accordance with the following requirements.

(a) Requirements for Such Permits. No extraction shall commence or continue on a site within a district in which the operation of a quarry is permitted unless a use and occupancy permit has been duly issued. Therefore, such permits shall be required prior to any of the following:

1) The removal or extraction of clay, rock, and or minerals.

2) The process of crushing or grading of stone, sand, clay or other minerals.

3) The leaching of minerals from clay, rock or sand.

4) The use of portion of the site for truck loading and unloading of clay, rock, sand or minerals.

5) The stockpiling of stone, sand, clay or other materials.

(b) Application for Such Permits. All applications for such permits shall be made to the Zoning Officer in writing to ascertain compliance with this chapter.

(c) Issuance of Such Permits. No such permits shall be issued until the Zoning Officer has received the following:

1) A copy of all reports and permits, except for financial and test bore data, as required by the Pennsylvania Surface Mining Act, 52 P.S. § 1396.1 et seq., to be maintained and renewed by the Pennsylvania Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, on an annual basis. Such reports and permits shall have been submitted and/or issued within one year of the date of application for such permit.

2) A contour plat, drawn to a scale of 100 feet to the inch and contour intervals of five feet, showing:

a) The legal outbound as described in the deed and all adjacent tax parcels.

b) The zoning district boundary line.

c) The existing excavation pit, if applicable, and proposed location and extent of the pit or lake.

d) The location of all existing and proposed overburden.

e) The location of all structures including all residences on adjacent parcels.

f) All setback and yard requirements.

g) All existing and proposed access points and internal circulation.

(d) Annual Renewal of Such Permits and Fees.

1) All quarries, whether or not such quarries have been in operation prior to the adoption of this chapter, must obtain the use and occupancy permits for mining extraction and pay an annual fee to the Township before January 15 beginning with the year following the year in which a permit for the operation of a quarry has been secured.

2) Upon receiving such application the Township Engineer shall inspect the site to determine that the operation is in conformance with the Department of Environmental Protection, Bureau of Surface Mine reclamation annual permit and reports, and the required setbacks and all other provisions of this chapter. The Township Engineer shall submit his written findings to the Board of Supervisors. If the Board of Supervisors finds that the application for an annual permit conforms with the chapter, an annual use and occupancy permit for mining extraction shall be issued. If the Board of Supervisors finds that the application does not conform with the requirements of this chapter, the Board of Supervisors shall authorize the Zoning Officer to issue a cease and desist order as provided within this chapter until such violation is corrected.

(13) Parking. Off-street parking spaces shall be provided as the Board of Supervisors determine to be adequate to serve customers, employees, visitors, and vehicles normally parked on the premises.

Y. Recycling and Refuse Facility.

(1) The storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall be deemed to make the lot a recycling or refuse facility.

(2) The land area used for such purposes shall not be exposed to public view from any residence or public street.

(3) Such uses shall be entirely enclosed by a solid fence or wall, at least six feet high and constructed of wood, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair, and except for a brick wall neatly painted in a uniform color.

(4) A dense evergreen tree buffer planting strip shall be provided on the outside perimeter of the fenced area. Evergreen trees shall be at least six feet in height and planted on nine feet centers in two staggered rows. All landscaping shall be in accordance with § 22-520, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22].

(5) The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

(6) The storage of paper shall be within a building.

(7) Dumping of trash, landfill operations and/or burning of any related materials shall be prohibited.

(8) The area where processing occurs shall be sealed to prevent groundwater contamination and shall provide goundwater monitoring wells as required and approved by the Township.

Z. Solid Waste Landfill.

(1) Operation of any solid waste landfill shall at all times be in full compliance with the Statutes of the Commonwealth of Pennsylvania, and the Rules and Regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this part are less restrictive than any present or future rules or regulations of the Department, the more restrictive Department rules or regulations shall supersede and control the operations of such solid waste landfill.

(2) Suitable measures to prevent fires shall be taken by means and devices mutually approved by the Department of Environmental Protection and the Township.

(3) A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.

(4) Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

(5) Unloading of waste shall be continuously supervised.

(6) Measures shall be provided to control dust. To control blowing paper, a fence shall be erected with a minimum height of six feet with openings not more than three inches by three inches along any boundary over which such a nuisance may be spread. The entire area shall be kept clean and orderly. Cracks in, depressions, or erosion of cover shall be repaired daily.

(7) Hazardous materials, including, but not limited to, highly flammable materials, explosives, pathological wastes, radioactive materials, liquids, garbage and sewage, shall not be disposed of in a solid waste landfill.

(8) Litter control shall be exercised to confine blowing litter to the work area and a working plan of clean up of litter shall be accomplished.

(9) Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.

(10) The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill, and to prevent the collection of standing water. The operator shall comply with the requirements of 25 Pa. Code, Chapter 75 and Chapter 102, and applicable Township ordinance so that there is not adverse off-site impact from the drainage of surface water.

(11) A final inspection of the entire site shall be made by the Department of Environmental Protection and the Township and their authorized representatives to determine compliance with approved plans and specifications before the earth-moving equipment is removed from the site. Any necessary correction work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill.

AA. Incinerator.

(1) All incinerator facilities shall conform to the standards set forth by the Pennsylvania Department of Environmental Protection.

(2) A written plan of operation delineating procedures to be carried out for the daily operations, types of wastes to be accepted, method to be used in disposing of residue, procedures for handling wastes in the event of emergencies or shutdowns, management of plant discharge waters, and procedures to be used for evaluating incinerator operations shall be submitted with the application for permit.

(3) Upon approval of the plan of operations, construction plans, specifications, and supporting information, a permit will be used. A permit shall not be required for private facilities processing less than 50 pounds per hour average, on-site generated waste, provided such waste is non-hazardous.

(4) Any change subsequent to the issuance of the permit shall be submitted to the Department of Environmental Protection for review and approval.

(5) As a minimum, the following information shall be provided and utilized as a basis for design of the facility. Solid waste characteristics shall be determined by estimate or sampling and analysis using procedures acceptable to the Department of Environmental Protection and including the following:

(a) Types and volumes of solid waste to be incinerated.

(b) Data on moisture content.

(c) Data on volatile matter, fixed carbon, and ash stated as a percent of total dry weight.

(d) Heating values expressed as BTU per pound.

(e) Analysis of wastes which may create special environmental pollution problems.

(f) A schematic diagram of the facility indicating the operational flow pattern, the mechanical components, and a manufacturer's warranty indicating the capacities, capabilities, and compatibility of the various parts specified for the facility.

(g) Other characteristics as may be required by the Department of Environmental Protection, including, but not limited to, calculations and shop drawings.

(6) Incinerator and related structures shall contain all facilities as required to comply with state and local codes and such utilities as may be necessary for proper incineration.

(7) Refuse storage facilities shall be provided to conform with the operation of the incinerator. They shall be designed to eliminate nuisances and to facilitate incinerator operations.

(8) Incinerator effluents shall conform with the following:

(a) Solids, residue, fly ash, and siftings shall be disposed of as approved by the Department of Environmental Protection.

(b) The effluent from an incinerator shall be treated as an industrial waste and subsequently handled as approved by the Department of Environmental Protection.

(c) Gaseous and particulate emissions from an incinerator shall conform to the prevailing state and local air pollution control codes and regulations.

(9) Provision shall be made for temporary storage of bulky and nonincinerable materials and for removal once each operating day to a disposal site.

(10) Hazardous wastes may be incinerated only with approval of the Department of Environmental Protection.

(11) Performance evaluations shall be made in accordance with the following:

(a) An acceptable performance evaluation in which the installation displays conformity to design specifications shall be made and submitted to the Department of Environmental Protection within one year of the date of contract completion by the applicant.

(b) A suitable performance period not to exceed 180 calendar days shall precede the performance evaluation.

(12) Availability of operation guides shall be governed in accordance with the following:

(a) A minimum of one set of engineering drawings, as built and updated, shall be available on premise for reference by operation and maintenance personnel.

(b) Equipment operation and maintenance manuals shall be available for reference by employees.

(13) Housekeeping routines and grounds maintenance shall be performed regularly to assure that dust and dirt do not accumulate and that grounds are maintained free of litter or debris.

(14) Floors shall be drained and free of standing water.

BB. Solid Waste Management Facility.

(1) A solid waste management facility may include one or more of the facilities set forth in Subsection 1Y, Z, and AA of this section, and may include any other solid waste management facility permitted by the Department of Environmental Protection. Where facilities set forth in Subsection 1Y, Z, and/or AA of this section are set up, the provisions which shall govern their operation are the respective provisions set forth in Subsection 1Y, Z, and AA of this section.

(2) Prohibited Activities. The following prohibited activities apply to any solid waste management facility:

(a) It shall be unlawful for any person to scavenge any materials delivered and deposited for disposal except as may be provided for in the Township's solid waste rules and regulations promulgated under this chapter.

(b) It shall be unlawful for any person to salvage or reclaim any solid wastes except at a properly permitted facility in which salvage is an integral plan of operation.

(c) It shall be unlawful to make garbage available for animal consumption unless such refuse has been heat treated to kill any disease agent therein.

(d) It shall be unlawful for any person to use, maintain, or operate an open dump.

(e) It shall be unlawful for any person to burn any solid waste except in a manner and under conditions prescribed by the Township and such burning shall be in accordance with the pertinent rules and regulations of the commonwealth.

(f) It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited, any solid waste in or upon any street, alley, sidewalk, body of water, public or private property except as provided in this chapter.

(g) It shall be unlawful for any person to allow any abandoned vehicle to remain upon any public property more than 48 hours or on private property with an expired vehicle license. Salvage yards, specially licensed historical vehicles, and those vehicles screened from sight shall not be considered abandoned.

CC. Shooting Range.

(1) No such facility shall be developed within 250 feet of any lot line.

(2) Noise control shall be provided through the use of berms and buffer planting strips.

DD. Riding Academy.

(1) No manure storage shall be established or maintained closer than 125 feet from any adjoining property.

(2) No manure storage or spreading shall be established or maintained closer than 100 feet from any wells, springs, sinkholes, lakes, ponds, streams or other watercourse.

(3) Fencing shall be provided around all pasture and stable areas.

(4) Any accessory buildings used for shelter or boarding of animals shall be located not less than 125 feet from any lot line.

(5) Shelter or stable shall be provided, which shall be of adequate size sufficient for effective sanitation practices to provide creature comforts for the animals. All shelter shall have a roof and at least three enclosed sides.

EE. Age-Qualified Detached Dwellings.

(1) Age-qualified detached dwellings is a form of residential use that is designed and operated for mature adults with or without certain recreational facilities.

(2) Every applicant is encouraged strongly to provide accessory community centers and recreational facilities for the benefit of persons occupying such dwellings.

(3) Each applicant shall submit to the Board of Supervisors for its approval a proposed set of regulations to control such operation, including definition of age limitations of residents, any other restrictions to be placed upon the residents or their activities, admissions procedures, security provisions and setting forth the policy to be used in determining any charges or fees proposed to be levied on the residents.

(4) A statement shall also be included with each application setting forth what particular features and facilities, if any, are being provided to serve specifically the needs and interests of the age-qualified residents.

(5) All applicants for age-qualified detached dwellings must comply with the requirements set forth for "housing for older persons" in 42 U.S.C. § 3607(b)(2) and 43 P.S. § 954(w), and shall provide, with the application, proof of how it maintains compliance with those requirements.

[Added by Ord. No. 2019-002, 1/15/2019]

(6) Residences shall have no party wall in common with an adjacent dwelling unit.

[Added by Ord. No. 2019-002, 1/15/2019]

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

(1) Car washing facilities shall provide plans and studies to indicate adequate parking and stacking, ingress and egress, and internal circulation at hours of peak use.

(2) Car washing facilities shall use a water recycling system, which shall meet all state and federal requirements or standards, including the removal of suspended particulates.

(3) Frontage and lot access must be from an arterial road.

(4) All structures shall be set back 50 feet from all lot lines.

(5) A car wash may be permitted as a principal use provided that the dimensional requirements for motor vehicle service center are met and provide that there is no sale of fuels.

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

[Amended by Ord. 2018-004, 3/6/2018]

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

(1) Village conversions in existing residential accessory buildings shall have a minimum first floor area of 400 square feet.

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

(1) Village service uses in Carversville Village Commercial (VC-C) Zoning District — no single service use shall occupy more than 3,000 square feet on a single floor.

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

(1) Customers shall only be served between the hours of 8:00 a.m. to 9:00 p.m.

(2) Village office uses in Carversville Village Commercial (VC-C) Zoning District — no single office use shall occupy more than 3,000 square feet on a single floor.

KK. 

Medical Marijuana Dispensary Facility. An activity or operation owned and operated by a "dispensary," as that term is defined in Act 16 of 2016, known as the "Medical Marijuana Act" ("Act").[5] As used in this Subsection 1KK, "dispensary company" shall have the same meaning as the term "dispensary" defined in the Act. Medical marijuana dispensary facilities shall be subject to the following regulations:

[Added by Ord. 2017-6, 8/15/2017]

(1) A medical marijuana dispensary facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.

(2) No medical marijuana dispensary facility shall be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

(3) A medical marijuana dispensary facility shall be clearly identified as such in its signage.

(4) A medical marijuana dispensary facility shall be subject to quarterly inspection by the Township Zoning Officer or other Township designee.

(5) Permit Application Requirements:

(a) A copy of the permit issued to the dispensary company by the Pennsylvania Department of Health under the Act.

(b) Documentation of procedures and measures used or to be used by by the medical marijuana dispensary facility and its owner and/or operator to ensure compliance with or to abide by:

[1] The Medical Marijuana Act;

[2] Federal memoranda regarding medical marijuana, including, inter alia, the August 29, 2013, United States Department of Justice memorandum (known as the "Cole Memorandum"); and

[3] All other applicable laws and regulations governing the dispensary company or the medical marijuana dispensary facility, including the Township's ordinances.

(c) Documentation that the dispensary company has provided the following information to the Solebury Township Police Department:

[1] Contact information [name, phone number(s), e-mail, mailing address] for two individuals at the medical marijuana dispensary facility and two individuals of the dispensary company who the Solebury Township Police Department may contact should suspicions of illegal activity or other concerns arise regarding the medical marijuana dispensary facility; and

[2] All information required under Subsection 1KK(5)(b) above.

(6) Effect on Federal Law. Nothing in this Subsection 1KK shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.

[5] Editor's Note: See 35 P.S. § 10231.101 et seq.

LL. 

Medical Marijuana Growing/Processing Facility. An activity or operation owned and operated by a "grower/processor," as that term is defined in Act 16 of 2016, known as the "Medical Marijuana Act" ("the Act").[6] As used in this Subsection 1LL, "grower/processor" shall have the same meaning as the term defined in the Act. Medical marijuana growing/processing facilities shall be subject to the following regulations:

[Added by Ord. 2017-6, 8/15/2017]

(1) A medical marijuana growing/processing facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.

(2) No medical marijuana growing/processing facility shall be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

(3) A medical marijuana growing/processing facility shall be clearly identified as such in its signage.

(4) A medical marijuana growing/processing facility shall be subject to quarterly inspection by the Township Zoning Officer or other Township designee.

(5) Permit Application Requirements:

(a) A copy of the permit issued to the grower/processor by the Pennsylvania Department of Health under the Medical Marijuana Act.

(b) Documentation of procedures and measures used or to be used by the medical marijuana growing/processing facility and its owner and/or operator to ensure compliance with or to abide by:

[1] The Medical Marijuana Act;

[2] Federal memoranda regarding medical marijuana, including inter alia, the August 29, 2013, United States Department of Justice memorandum (known as the "Cole Memorandum"); and

[3] All other applicable laws and regulations governing the grower/processor or the marijuana growing/processing facility, including the Township's ordinances.

(c) Documentation that the grower/processor has provided the following information to the Solebury Township Police Department:

[1] Contact information [name, phone number(s), e-mail, mailing address] for two individuals at the medical marijuana growing/processing facility and two individuals of the grower/processor who the Solebury Township Police Department may contact should suspicions of illegal activity or other concerns arise regarding the medical marijuana growing/processing facility; and

[2] All information required under Subsection 1LL(5)(b) above.

(6) Effect on Federal Law. Nothing in this Subsection 1LL shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.

[6] Editor's Note: See 35 P.S. § 10231.101 et seq.

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

[Added by Ord. 2018-004, 3/6/2018; amended by Ord. No. 2018-010, 12/11/2018]

(1) All such facilities shall be ooperated in accordance with all applicable state and federal laws and regulations, including laws on licensing, facility, and standards of care for animals, and boarding facility/kennel standards.

(2) The total number of dogs at any one time shall not exceed three dogs per acre.

(3) All runways or other areas where dogs are kept or exercised outdoors shall be totally screened by opaque fencing or plantings.

(4) All such facilities shall comply with all applicable dimensional requirements of the district.

(5) All dogs must be housed inside from the hours of 10:00 p.m. to 7:00 a.m.

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

[Added by Ord. 2018-004, 3/6/2018]

(1) All such facilities shall be operated in accordance with all applicable state and federal laws and regulations, including laws on licensing, facility, and standards of care for animals, and boarding facility/kennel standards.

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

[Added by Ord. 2018-005, 6/19/2018]

(1) Any living quarters for a resident innkeeper shall have its own bathroom.

(2) Housekeeping services shall be provided to guests.

(3) There shall be no separate kitchen or cooking facilities in any guest room.

(4) Food service, if provided by the inn/facility, shall be limited to guests of the inn/facility.

(5) No zoning approval shall be granted unless the applicant has a valid County Department of Health permit. The total number of bedrooms (for residents and guests) in the bed-and-breakfast inn/small short-term lodging facility shall not exceed the number of bedrooms that the sewage system was designed to accommodate. If the proposed use is to be served by a public sewage system, the applicant shall submit documentation from the servicing authority that the proposed use will be served.

(6) A bed-and-breakfast inn/small short-term lodging facility use shall be limited to one nonilluminated sign that shall comply with regulations as set forth in Part 24. The design of the sign shall be submitted with the permit application.

(7) One off-street parking space per guest bedroom shall be provided on the premises, in addition to other off-street parking spaces required by this chapter.

(8) Prior to any zoning permit issuance, applicants shall demonstrate compliance with all other applicable laws and ordinances, including those regulating signage, parking, and lighting. Where the bed-and-breakfast inn/small short-term lodging facility is proposed to be accessory to an existing use, the applicant must demonstrate that the existing use is in compliance with all applicable laws and ordinances also.

(9) A permit issued for this use shall have a life of one year. The permit may be renewed annually, without the necessity of a new conditional use application and approval, provided that the Zoning Officer and Code Enforcement Officer have inspected the use, including capacity for any on-lot sewage disposal system, and found the use to be in compliance with all applicable ordinances and any conditions imposed by the Board of Supervisors when approving a conditional use.

(10) Guests at a bed-and-breakfast inn/small short-term lodging facility shall be subject to requirements of the Township Code of Ordinances, including but not limited to Chapter 10, Part 2 (Excessive Noise and Other Nuisances); § 27-2512 (Environmental Controls).

[Added by Ord. No. 2022-004, 7/19/2022]

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

[Added by Ord. 2018-005, 6/19/2018]

(1) Any living quarters for a resident innkeeper shall have its own bathroom.

(2) Housekeeping services shall be provided to guests.

(3) Any in-room kitchen or cooking facilities (e.g., in suite-style rooms) shall be inspected after each guest's departure to ensure that all equipment is properly working and does not present a fire or explosion risk.

(4) No zoning approval shall be granted unless the applicant has a valid County Department of Health permit. The total number of bedrooms (for residents and guests) in the hotel, motel, or inn/large short-term lodging facility shall not exceed the number of bedrooms that the sewage system was designed to accommodate. If the proposed use is to be served by a public sewage system, the applicant shall submit documentation from the servicing authority that the proposed use will be served.

(5) Prior to any zoning permit issuance, applicants shall demonstrate compliance with all other applicable ordinances, including those regulating signage, parking, and lighting.

(6) Hotel, motel, or inn/large short-term lodging facility uses containing restaurants shall comply with all provisions of this chapter applicable to restaurants, as well as all other laws and regulations applicable to restaurant/food service facilities.

(7) A permit issued for a hotel, motel, or inn/large short-term lodging facility shall have a life of one year. The permit may be renewed annually, without the necessity of a new conditional use application and approval, provided that the Zoning Officer and Code Enforcement Officer have inspected the use, including capacity for any on-lot sewage disposal system, and found the use to be in compliance with all applicable ordinances and any conditions imposed by the Board of Supervisors when approving a conditional use.

(8) Guests at a hotel, motel, or inn/large short-term lodging facility shall be subject to requirements of the Township Code of Ordinances, including but not limited to Chapter 10, Part 2 (Excessive Noise and Other Nuisances); § 27- 2512 (Environmental Controls).

[Added by Ord. No. 2022-004, 7/19/2022]

QQ. Banquet, Catering, or Event Use.

[Added by Ord. 2018-005, 6/19/2018]

(1) At the time of application, an applicant shall submit documentation or other evidence with its application of the following:

(a) Sufficient on-site parking for proposed events.

(b) Sufficient sewage facilities for proposed events, and that no adverse effects from sewage management and/or disposal will result to neighbors or nearby natural resources. If the applicant intends to rely on a private service such as a port-o-john company, it shall produce evidence, at the time of application, of an agreement with such company for proposed events.

(c) Sufficient security, emergency access, road access, traffic control, trash disposal, noise control and cleanup will be provided for proposed events. Such items must be provided as part of each proposed event. All other provisions of the Township's ordinances, including noise, light, and glare control, continue to apply. The Township reserves the right to enjoin or shut down any event that poses a nuisance.

(d) Documentation of a valid County Department of Health permit.

(e) Proof of compliance with all applicable alcohol laws and licensing requirements.

(f) For large, regular activities seeking approval as a banquet, catering, or event use and that pose risks such as, but not limited to, events involving alcohol, pyrotechnics, and mechanical or livestock amusements, proof of adequate property damage and liability insurance when proof is requested by the Township.

(g) Any additional information requested by the Township to process the application or determine if the use is consistent with this chapter.

(2) No zoning application shall be granted until the applicant complies with § 27-2602, Subsection 1QQ(1), and, if applicable, Subsection 1QQ(3).

(3) No fireworks or other pyrotechnics may be used as part of banquet, catering, or event uses, except in the RC and TNC Districts. If a banquet, catering, or event use plans to allow fireworks or other pyrotechnics events, it shall state that in its application, and provide proof of all necessary approvals with the application.

(4) The applicant and those organizing and/or attending proposed events are solely responsible for ensuring compliance with federal, state, and local laws, including those on the furnishing and consumption of alcohol. No permit approval by the Township relieves the applicant and those organizing and/or attending proposed events of liability for illegal activity, property damage, or other similar occurrences.

(5) Events conducted outdoors (including outdoor components of indoor/outdoor events) shall begin no earlier than 7:00 a.m. and shall end no later than 12:00 midnight. Cleanup and teardown outdoors may occur until 1:00 a.m., provided these activities are carried out in a manner that respects the occupants of surrounding properties and their right to the peaceful and quiet enjoyment of their properties.

(6) A permit issued for a banquet, catering, or event use shall have a life of one year. The permit may be renewed annually, without the necessity of a new application, provided that the Zoning Officer and Code Enforcement Officer have inspected the use, including capacity for any on-lot sewage disposal system, and found the use to be in compliance with all applicable ordinances and any conditions imposed by the Board of Supervisors when approving a conditional use.

RR. Permanent Facilities for Sale of Consumer Fireworks.

[Added by Ord. No. 2018-006, 7/17/2018]

(1) "Consumer fireworks" and "display fireworks" shall have the same meaning as the terms in Act 43 of 2017.

(2) Permanent facilities for sales of consumer fireworks may only be permitted in accordance with the following conditions:

(a) The facility must be licensed by the Pennsylvania Department of Agriculture.

(b) The facility must comply with the Pennsylvania Construction Code Act,[7] the Uniform Construction Code, and the Township's ordinances in effect at the time of the application.

[Amended by Ord. No. 2019-004, 4/16/2019]

[7] Editor's Note: See 35 P.S. § 7210.101 et seq.

(c) The facility must be a stand-alone permanent structure.

(d) Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation.

(e) The facility shall be located no closer than 250 feet to a facility selling or dispensing gasoline, propane or other flammable products.

(f) The facility shall be located at least 1,500 feet from another facility licensed to sell consumer fireworks.

(g) The facility shall have a monitored burglar and fire alarm system.

(h) Quarterly fire drills and preplanning meetings shall be conducted as required by the local volunteer fire department with jurisdiction over the site of the proposed facility.

(i) The facility shall be constructed, maintained, and operated in accordance with all Pennsylvania Department of Agriculture requirements and all standards set forth in Act 43 of 2017,[8] including, but not limited to, the following:

1) There shall be security personnel on the premises for the seven days preceding and including July 4 and for the three days preceding and including January 2.

2) No smoking shall be permitted in the facility.

3) No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be permitted to be taken into the facility.

4) No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay with the adult in the facility.

5) All facilities shall carry at least $2,000,000 in public and product liability insurance.

6) A licensee shall provide its employees with documented training in the area of operational safety of a facility. The licensee shall provide proof to the Township that it has provided written documentation to the Department of Agriculture that each employee has received the training.

7) No display fireworks shall be stored or located at a facility.

8) No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.

9) Emergency evacuation plans shall be conspicuously posted in appropriate locations within the facility.

[8] Editor's Note: See 72 P.S. § 9401 et seq.

(3) The facility shall comply with the lot dimensional, area, and parking requirements of the TNC District, as applicable, including but not limited to setbacks and buffers, with the exception of the following:

(a) The facility shall be no closer than 150 feet to any pipeline right-of-way.

(b) The facility shall be located no closer than 600 feet to schools, daycare centers, nursing homes, hospitals, civic buildings, or dwellings.

(4) Application for Permit. An applicant for permanent sales of consumer fireworks shall submit an application for a conditional use that contains, at a minimum, the following:

(a) Pennsylvania Department of Agriculture license.

(b) Proof of at least $2,000,000 in public and product liability insurance.

(c) Emergency evacuation plans.

(d) A site plan demonstrating compliance with setback requirements.

(e) Evidence of procedures to ensure compliance with Pennsylvania Department of Agriculture requirements, including, but not limited to, prevention of smoking in the facility, security measures, and restriction of unaccompanied minors in the facility.

SS. Temporary Facilities for Sale of Consumer Fireworks.

[Added by Ord. No. 2018-006, 7/17/2018]

(1) Definitions. As used in this Subsection, the following terms shall have the meanings indicated:

[Amended by Ord. No. 2019-004, 4/16/2019]

CONSUMER FIREWORKS, and APA 87-1

Shall have the same meanings as in Act 43 of 2017.

OUTDOOR STORAGE UNIT

A consumer fireworks building, trailer, semitrailer, metal shipping container, or magazine meeting the specifications of the Pennsylvania Construction Code Act,[9] the Uniform Construction Code, and the Township's ordinances in effect at the time of the application.

TEMPORARY STRUCTURE

A structure, other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items. The term includes temporary retail stands, tents, canopies, and membrane structures meeting the specifications of the Pennsylvania Construction Code Act, the Uniform Construction Code, and the Township's ordinances in effect at the time of the application. The term shall not include a facility that is not licensed to sell consumer fireworks under federal and/or state law.

[9] Editor's Note: See 35 P.S. § 7210.101 et seq.

(2) Temporary facilities for sales of consumer fireworks are only permitted as accessory to commercial uses.

(3) Temporary facilities for sales of consumer fireworks may only be permitted in accordance with the following conditions:

[Amended by Ord. No. 2019-003, 3/19/2019]

(a) The facility must comply with the Pennsylvania Construction Code Act,[10] the Uniform Construction Code, and the Township's ordinances in effect at the time of the application.

[10] Editor's Note: See 35 P.S. § 7210.101 et seq.

(b) The temporary structure is located no closer than 250 feet to a facility storing, selling or dispensing gasoline, propane or other flammable products.

(c) The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation.

(d) The temporary structure is secured at all times during which consumer fireworks are displayed within the structure.

(e) The temporary structure has a minimum of $2,000,000 in public and product liability insurance.

(f) The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year.

(g) Consumer fireworks not on display for retail sale must be stored in an outdoor storage unit.

(h) The facility must have a current evacuation plan that complies with the specifications of the Pennsylvania Construction Code Act, the Uniform Construction Code, and the Township's ordinances in effect at the time of the application, including all posting requirements.

(4) The facility shall comply with the lot dimensional, area, and parking requirements of the TNC zoning district, including but not limited to setbacks and buffers, with the exception of the following:

(a) The facility shall be no closer than 150 feet to any pipeline right-of-way.

(b) The facility shall be located no closer than 600 feet to schools, daycare centers, nursing homes, hospitals, civic buildings, or dwellings.

(5) No smoking, cigarettes, tobacco products, matches, lighters, or other flame-producing devices shall be permitted within the temporary facility.

(6) No minor shall be permitted in the temporary facility unless accompanied by an adult at all times.

(7) No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.

(8) Application for Permit. An applicant for temporary sales of consumer fireworks shall submit an application for a special exception that contains, at a minimum, the following:

[Amended by Ord. No. 2019-004, 4/16/2019]

(a) All federal and state licenses required for the facility to operate.

(b) Proof of at least $2,000,000 in public and product liability insurance.

(c) Emergency evacuation plans.

(d) A site plan demonstrating compliance with setback requirements.

(e) All application materials and permit decisions from the Township's Code Enforcement Officer and/or fire code official regarding the proposed facility's compliance with the Pennsylvania Construction Code Act,[11] the Uniform Construction Code, and the Township's ordinances in effect at the time of the application.

[11] Editor's Note: See 35 P.S. § 7210.101 et seq.

(f) Evidence of procedures to ensure compliance with the requirements set forth above, including, but not limited to, prevention of smoking in the facility, security measures, and restriction of unaccompanied minors in the facility.

TT. Nonfamily Community Residential Facility.

[Added by Ord. No. 2019-002, 1/15/2019]

(1) A nonfamily community residential facility must meet all the requirements of § 27-2602, Subsection 1D, with the exception of the ambulance access location requirements in § 27-2602, Subsection 1D(6) if regular ambulance visits are not anticipated as part of the use. If apartment buildings are incorporated into the facility, they shall be no higher than two stories, instead of the height specified in § 27-2602, Subsection 1D(2)(d).

(2) There shall be no more than two people per bedroom.

UU. Medical Office/Wellness Center/Health Clinic.

[Added by Ord. No. 2019-002, 1/15/2019]

(1) A medical office/wellness center/health clinic must meet all applicable licensing and inspection regulations of the county, state, and federal government.

(a) Proof of any required licensing shall be submitted with applications for a medical office/wellness center/health clinic.

(b) Proof of compliance with all applicable county, state or federal regulations shall be filed with the Township prior to the issuance of a zoning permit and a use and occupancy permit.

(c) All renewals, amendments or new licenses shall be filed with the Township as they are issued.

(2) All other applicable provisions of the Township's Code of Ordinances shall apply, including but not limited to lighting and traffic control regulations.

§ 27-2603 Accessory Uses, Buildings and Structures.

[Ord. 94, 6/8/1988, § 1902; Ord. 113, 1/16/1990, § 80; Ord. 131, 8/20/1991, § 1; Ord. 138, 5/26/1992, § 46; Ord. 153, 5/3/1994, § 1; Ord. 163, 2/4/1997, § I.5, .6; Ord. 168, 3/3/1998, § II.1; Ord. 178, 6/15/1999, § II; Ord. 195, 10/1/2002, § I.5, .6; Ord. 200, 3/18/2003, § II; Ord. 2011-4, 5/3/2011, Art. XLI; Ord. 2011-7, 6/21/2011, Art. VII; Ord. 2012-2, 5/15/2012, Art. XIII; Ord. 2017-5, 3/7/2017; Ord. 2017-7, 8/15/2017; Ord. 2018-004, 3/6/2018; Ord. 2018-005, 6/19/2018; Ord. No. 2024-003, 7/16/2024; Ord. No. 2025-006, 5/6/2025]

1. Accessory uses, buildings and structures shall include, but not necessarily be limited to the following:

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

(1) Roadside stands for sale of agricultural products grown on site:

(a) Maximum size of farm stand 400 square feet.

(b) Must provide safe means of access.

(c) Must provide off-street parking per § 27-2301, Subsection E(16).

(d) Roadside stands established or enlarged after the effective date of this chapter that are erected for more than 120 days in a calendar year require zoning permit.

(2) Agricultural sale of farm products grown on the farm by the farm operator from an accessory farm building having a maximum floor area devoted to the sale of farm products no greater than 3,000 square feet.

(a) At least 50% of sales must be farm products grown or produced on the farm where the sale is occurring.

(b) Uses established or enlarged after the effective date of this chapter require zoning permits.

(3) Events and activities that support agricultural uses conducted on the farm and sale of products created from agricultural production or used on the farm which include the following:

(a) Community supported agriculture.

(b) Pick your own activities.

(c) Farm to table events that showcase meals prepared from local farm products.

1) Must meet Board of Health requirements.

2) Must obtain an annual zoning permit for events to be held after the effective date of this chapter which serve more than 25 guests or occur more than three times per month.

3) Can be held indoors or outdoors.

4) Must possess appropriate license for event if BYOB permitted or alcohol service is being provided.

(d) May include tours of facilities, educational seminars, workshops and similar activities.

(e) Day camps with no more than 25 participants and held no more than five days per month.

1) An annual zoning permit is required for events to be held after the effective date of this chapter.

(f) Seasonal festivals and activities associated with products produced on a farm.

(g) Cooking, canning, freezing classes and other events that demonstrate how farm products can be prepared and preserved.

(h) Hayrides.

(i) Auction of Agricultural products.

1) No zoning permit required for up to four such auctions per month.

(j) Sale of seed, fertilizer and other agriculture products, farm equipment or the repair thereof, accessory to a farming operation.

(4) Production and sale of wine, cider, distilled spirits and beer from crops grown on the property.

(a) Zoning permit required.

(b) Must be accessory and subordinate to primary use of farm for crop production and operated by farmer conducting farming operation.

(c) Must contain at least 50% of product grown on farm.

(d) Proof required that license from Pa. Liquor Control Board has been obtained from operator must have adequate parking for attendees.

(e) Food service requires Board of Health approval.

(f) Minimum tract or lot area: 10 acres. Minimum area actively devoted to growing crops used in production of alcoholic beverage three acres. Alternatively, if the area is less than 10 contiguous acres or the area where crops are grown for production of alcoholic beverages is less than three acres this condition can be satisfied by establishing that the farm operator anticipates gross annual income of at least $10,000 from farming activities.

(g) Must be on same tract or tracts as primary farm use.

(h) Tasting rooms/gathering space: size limited to 3,000 square feet.

(i) May include tours of facilities, educational seminars, workshops and similar activities.

(5) Special Events. Special events are events that may not have a direct connection to a normal agricultural operation, but which permit a farm operator to add value to agricultural production occurring on a farm. Examples include: wedding receptions, parties, corporate events, entertainment and other events.

(a) An annual zoning permit is required for events that accommodate more than 100 attendees. Events that accommodate 100 attendees or less are allowed without the need for zoning permit.

(b) A maximum of eight events that accommodate more than 100 attendees is permitted in any calendar year.

(c) Events must occur on property with established agricultural use.

(d) Events can only be conducted by the owner or operator of the property where the event occurs.

(e) The owner or operator shall be present on the property for the duration of the event.

(f) The owner or operator shall provide adequate parking for customers or attendees. Parking is not permitted within the right-of-way of any street.

(g) The owner or operator of the event must have on the property adequate toilet facilities meeting Board of Health standards.

(h) If food is served, food service must comply with Board of Heath requirements.

(i) If property is subject to a conservation easement, the owner/operator must establish that use is permitted by conservation easement.

(j) Events are only permitted between 10:00 a.m. and 10:00 p.m.

(k) The minimum tract or lot area is 25 acres.

(l) No part of the event, including parking, shall take place within 100 feet of an occupied off-premises residence.

(m) Amplified music or sound must comply with the requirements of Chapter 10, Part 2, Excessive Noise and Other Nuisances, of the Solebury Codified Ordinances, §§ 10-201 through 10-206. Applicants for a zoning permit shall provide sufficient information as to how this condition will be met.

(n) Events may be wholly indoors or outside.

(o) Fireworks displays are not permitted.

(p) Applicants for a zoning permit shall present to the Zoning Officer plans and materials sufficient to evaluate how the event will comply with the conditions stated in Subsection 1A(5)(b) through (o) hereof. To obtain a zoning permit, the applicant must establish to the satisfaction of the Solebury Township Zoning Officer that the conditions stated in Subsection 1A(5)(b) through (o) will be met.

B. Uses, Buildings, and Structures Accessory to Dwellings.

(1) Detached private garage, private parking space, private stable, barn, shed, shelter for pets owned by the property owner, swimming pool, tennis court, bathhouse, private greenhouse, and individual backyard composting facility.

(2) Pole, mast, tower or other structure when erected and operated by the resident who is an amateur radio operator duly licensed by the Federal Communications Commission, subject to the determination made by the Board of Supervisors as defined in § 27-2605.

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

(1) Fences or walls.

(2) A shared driveway for no more than two lots which may straddle property lines, when approved by the Board of Supervisors. A driveway which is not shared shall be located no less than 12 feet from any side or rear lot line, except in the R-1, VR, VC, VC-1, VR-C, VC-C, and RD-C Districts or where the open space option is used in the RA, RB, and RD Districts:

(a) In the R-1, VR, VC, VC-1, VR-C, VC-C, and RD-C Districts a driveway which is not shared shall be located no less than five feet from any side or rear lot line.

(b) Where the open space option is used in the RA, RB, and RD Districts, a driveway which is not shared shall be located no less than five feet from any side or rear lot line. This five-foot setback shall not apply to narrow lots; such lots being subject to the twelve-foot setback. The twelve-foot requirement of this subsection may be reduced by condition attached to a conditional use approval under the open space option of Part 28.

(3) Structures for which no other viable location exists, when approved by the Board of Supervisors as a conditional use.

(4) No accessory uses, buildings or structures shall be located or placed in any drainage swale or basin.

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

(1) The swimming pool shall be used solely for the enjoyment of the occupants of the principal permitted use of the property on which it is located and their guests, and shall not be operated commercially so as to charge a fee for the use of the swimming pool.

(2) Noncommercial swimming pools designated to contain more than 18 inches of water shall be erected in conformity with the following requirements:

(a) A permit shall be required to locate, construct or maintain a noncommercial swimming pool.

(b) Swimming pools and buildings related to the pool may be located in the rear or side yard, but shall not be closer to any rear or side lot line than the distance of the required building setbacks of the district in which it is proposed. Any walks, paved areas or open decks related to the pool shall be no closer than 20 feet to any rear or side lot line. The swimming pool may be located between the principal dwelling and a street line provided the pool is not located within the minimum required front yard setback.

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

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

(1) The diameter of a ground based reflector shall not exceed 12 feet.

(2) The entire structure, including the microwave antenna, shall not exceed 15 feet in height.

(3) Any such structure which is placed in the rear or side yard shall be no closer than 20 feet to the property line; any such structure which is placed in the front yard shall be no closer than 300 feet from the property line.

(4) No more than one microwave antenna shall be permitted on any lot.

(5) Before erecting any such structure, a building permit shall be obtained.

(6) Every such structure shall be screened by evergreen trees with a minimum height of six feet; provided however, that nothing contained herein shall require the planting of trees which interfere with the reception of the satellite communication.

G. Incidental Temporary Structure or Use.

(1) The Zoning Officer may issue a permit for an incidental temporary structure or use for a period not to exceed one year.

(2) The permit may be renewed annually for an aggregate period of not more than three years.

(3) All structures and/or uses permitted must be completely removed at no cost to the Township upon completion of construction or permit expiration, whichever occurs first.

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

(1) The total number of livestock and poultry animals permitted on any lot shall be computed according to the total number of acres comprising the lot and the number of acres required per animal.

(2) The total number of acres required to keep livestock and poultry must be equal to the total required acreage for the proposed combination of livestock and poultry as referenced in the table below and as provided for in Parts 4 and 6.

(3) Animals not referenced in the following table shall be judged according to the requirements for animals of a similar type by the Board of Supervisors.

Mature Livestock, Poultry	Acres Required Per Animal
Horse	1.0
Cow, beef cattle	1.0
Sheep, goats	0.25
Swine	0.25
Poultry	0.01

(4) No person owning or having in his/her custody livestock or poultry shall maintain such so as to create any health or safety hazard.

(a) No manure storage shall be established closer than 100 feet to any property line.

(b) No manure storage or spreading shall be established closer than 100 feet to any wells, springs, sinkholes, lakes, ponds, streams or other watercourse.

(5) Shelter and Fenced Area Requirements.

(a) Every landowner shall provide a shelter area of a size sufficient for good sanitation practices and adequate and sanitary drainage therefor according to the following minimum requirements:

1) All shelters shall have a roof and at least three enclosed sides.

2) A shelter area of 120 square feet shall be provided for each mature horse.

3) A shelter area of 80 square feet shall be provided for each pony, mule, donkey, cow or other similar livestock animal.

4) A shelter area of 20 square feet shall be provided for each sheep or other livestock animal of similar size.

5) A shelter area of one square foot shall be provided for each poultry animal.

(b) Every landowner shall provide a fenced area around any pasture and shelter, and shall make provisions for sanitation practices and sanitary drainage.

(c) Every landowner shall utilize fencing for the containment of animals in accordance with the recommendations of the Bucks County Agricultural Agent.

(d) Any buildings used for the shelter or housing of livestock or poultry shall be located not less than 100 feet from any lot line.

I. Home Occupation.

(1) A home occupation shall be permitted, provided that the principal person engaged in the home occupation is the resident of the dwelling unit. Such home occupation shall be incidental and secondary to the use of the property as a residence and is limited to those occupations listed below.

(2) Occupations which may be authorized as an accessory use include occupations which are lawfully conducted for pecuniary gain by a resident within the dwelling unit. A home occupation shall not be interpreted to include such facilities as: bed-and-breakfast inn/small short-term lodging facility, day-care center, funeral home, kennel, a barber or beautician; or similar use of a commercial nature. A home occupation includes: service activities such as a tailor or seamstress, a teacher or tutor; an artist or craftsman; and activities which may involve the sale of items produced, improved or made on the premises such as herbs, antiques, clothing and other goods.

(3) In addition to the occupant family members, no more than one, or the equivalent of one full-time, nonresident employee shall be employed on the premises.

(4) The area of the dwelling used for the home occupation shall be no more than 25% of the total net floor area of the dwelling unit, or 750 square feet, whichever is less.

(5) No manufacturing, repairing or other mechanical work, performed in connection with such home occupation, shall be performed in any outdoor area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the property line.

(6) No storage of materials or products shall be permitted in outdoor areas.

(7) No external alterations shall be permitted to the dwelling unit except those customarily conducted for residential buildings.

(8) Signs or outside advertisement may be permitted only in accordance with the provisions of Part 24.

(9) The operation of any home occupation involving the physical presence of customers, clients or other business visitors shall be limited to 7:00 a.m. to 9:00 p.m.

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

(1) A child day care use is permitted only in a single-family detached dwelling as an accessory home occupation use.

(2) Licensing, Approval and Permit Procedures. Prior to the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs.

(3) An outdoor play area of at least 2,000 square feet of contiguous area shall be provided as a recreational area for the children. This area shall not include any impervious surfaces or parking areas. The outdoor play area shall be enclosed by a six-foot high fence and shall be located to the side or rear of the lot.

(4) If a child day care use is located adjacent to a nonresidential use, a parking lot, or on a street classification higher than a residential access street, the outdoor play area, must be enclosed by a fence deemed appropriate by the Township. The outdoor play area shall be located to the side or rear of the property.

(5) No more than one person other than members of the immediate family of the resident may be employed.

(6) Parking Standards. In addition to the off-street parking required for a single-family dwelling unit, at least three additional off-street parking spaces shall be provided.

K. Home Professional Office.

(1) In residential districts, all dwelling-units may be used for a home professional office, except that this use may only be permitted as conditional use in the RD District.

(2) A home professional office may be permitted if the principal person using the office is the resident of the dwelling unit. Such office shall be incidental or secondary to the principal use of the property as a residence.

(3) Professions for which an accessory use office may be operated in a residentially-zoned dwelling may only include a physician, attorney, dentist, accountant, architect, professional engineer, or similar professional. A professional office shall not be interpreted to include a barber shop, beauty shop, hair stylist or a funeral home.

(4) Off-street parking spaces, in accordance with Part 23, are required when a home professional office is operated as an accessory use in a dwelling. Such parking shall be screened from the view of surrounding dwellings with landscaping approved by the Township.

(5) In addition to the occupant, no more than two, or the equivalent of two, full-time employees shall be employed at a home professional office operated as an accessory use in a dwelling.

(6) The area used for a home professional office shall occupy no more than 25% of the total net floor area of the dwelling unit or 750 square feet whichever is less.

(7) No storage of materials or products shall be permitted in outdoor areas.

(8) No external alterations shall be permitted to the dwelling unit which are not consistent with the principal residential character and design.

(9) Signs or outside advertisement may be permitted only in accordance with the provisions of Part 24.

(10) The operation of any home professional office involving the physical presence of customers, clients or other business visitors shall be limited to 7:00 a.m. to 9:00 p.m.

L. (Reserved)

M. No-Impact Home-Based Businesses.

(1) The business or commercial activity being conducted as a no-impact, home-based business must satisfy all of the following requirements:

(a) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(b) The business shall employ no employees other than family members residing in the dwelling.

(c) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(d) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(e) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(f) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(g) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(h) The business may not involve any illegal activity.

(2) A no-impact home-based business shall be permitted by right as an accessory use in all residential zoning districts, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, by-law or other document applicable to a common interest ownership community.

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

(1) These uses shall minimize any possible negative impacts to adjacent properties.

O. Individual Backyard Composting Facility.

(1) All individual backyard composting facilities shall be operated in compliance with all Department of Environmental Protection regulations, including registration and permitting requirements;

(2) In no event shall individual backyard composting facilities exceed 1,000 square feet;

(3) No individual backyard composting facility shall contain meat, dairy products or human or pet feces; and

(4) All individual backyard composting facilities shall be in the rear or side yard and shall have a fifteen-foot minimum setback.

§ 27-2604 Conversion Into Two-Family Dwellings.

[Ord. 94, 6/8/1988, § 1903]

1. The Board of Supervisors may permit the conversion of a building existing at the time of adoption of this chapter to a dwelling for more than one family in the RA, RB and VR Districts provided that:

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

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

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

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

§ 27-2605 Carbonate Geology Overlay District.

[Ord. 94, 6/8/1988, § 1904]

1. Carbonate (Limestone) Geology. For areas identified as having carbonate (limestone) geology in the "Conservation and Management Practices for Buckingham and Durham Carbonate Valleys," February 1985, prepared by the Bucks County Planning Commission and International Explorations, Inc., all regulations in § 22-525 of the Township Subdivision and Land Development Ordinance [Chapter 22] and the following shall apply:

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

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

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

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

2. The boundaries of the carbonate (limestone) geology shall be determined by scaling the areas shown on the maps in the "Conservation and Management Practices for Buckingham and Durham Carbonate Valleys," February 1985. The boundaries shall be shown on the subdivision, land development or other proposed plan(s). The mapping provided by the applicant shall be reviewed by the Township Engineer, for approval by the Board of Supervisors. Once approved, the applicant shall follow all regulations of this section for those areas which reflect the carbonate geologic formation. No permit will be issued and no application will be approved prior to the approval of the required mapping.

§ 27-2606 Setback Along the Delaware Division of the Pennsylvania Canal.

[Ord. 94, 6/8/1988, § 1905]

1. A setback of 150 feet shall be established along both sides of the Delaware Division of the Pennsylvania Canal (measured from the center line of the canal) in accordance with the following standards:

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

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

Where there is no other access, the road or driveway shall be designed to minimize adverse impact on the canal. Permission to construct a road or driveway within a buffer yard will be by a conditional use which may be granted only upon proof that there is no other location on the lot outside the buffer yard where the road or driveway may be built in compliance with the Township ordinances. In granting a conditional use the Supervisors shall specifically require that the road or driveway be located and landscaped in such manner as to represent the minimum incursion into the buffer yard and shall be landscaped to minimize the impact on the adjacent village.

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

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

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

§ 27-2607 Special Setbacks and Buffer Requirements for Scenic and Historic Resource Protection.

[Ord. 94, 6/8/1988, § 1906; as amended by Ord. 138, 5/26/1992, § 47; by Ord. 157, 6/15/1995, § II.3, .4, .5; by Ord. 2007-3, 3/6/2007, § 01; and by Ord. 2011-4, 5/3/2011, Art. XLII]

1. Setback Areas Around Villages on the National Register of Historic Places. A two-hundred-foot setback shall be provided around the boundary of each village placed on the National Register of Historic Places. The boundaries of Carversville, Phillip's Mill, Centre Bridge and Lumberville Historic Districts as established by the National Register are attached to this part as Exhibits 27-26-A, 27-26-B, 27-26-C, and 27-26-D.

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

[Amended by Ord. 2017-7, 8/15/2017]

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

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

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

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

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

2. Scenic Road Setback Requirements.

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

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

[Amended by Ord. 2017-7, 8/15/2017]

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

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

3. No structure shall be placed within the historic resource or scenic road setback, and no manufacturing or processing activity, or storage of materials shall be permitted except as follows:

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

[Amended by Ord. No. 2021-007, 10/19/2021]

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

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

D. Underground utilities.

§ 27-2608 Buffer Area and Buffer Planting Strip Standards.

[Ord. 94, 6/8/1988, § 1907; as amended by Ord. 113, 1/16/1990, § 81; by Ord. 153, 5/3/1994, § 1; and by Ord. 2011-4, 5/3/2011, Arts. XLIII–XLV]

1. Buffers and buffer planting strips shall be landscaped and maintained in accordance with § 22-520, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22].

2. All plantings in the buffer areas and/or buffer planting strip shall be installed and thereafter maintained by the property owner for the full width required in a particular district, except that certain structures may be placed within the buffer area and/or buffer planting strip including:

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

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

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

D. Underground utilities.

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

§ 27-2609 Landscaping Requirements.

[Ord. 94, 6/8/1988, § 1908; as amended by Ord. 101, 1/17/1989, § 1; by Ord. 113, 1/16/1990, §§ 82–87; by Ord. 153, 5/3/1994, § 1; by Ord. 189, 10/16/2001, § I.7. 11; by Ord. 2007-6, 9/4/2007, § 08; and by Ord. 2011-4, 5/3/2011, Art. XLVI]

All required landscaping shall be installed and maintained in accordance with a landscaping plan prepared by a landscape architect and approved by the Board of Supervisors. The landscaping plan shall depict all proposed plantings required to complement screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and other site features and/or structures. Plan sizes, spacing and types shall be in accordance with § 22-520, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22].

§ 27-2610 Environmental Impact Assessment Report.

[Ord. 94, 6/8/1988, § 1909; as amended by Ord. 113, 1/16/1990, § 88; by Ord. 138, 5/26/1992, §§ 48, 49; by Ord. 153, 5/3/1994, § 1; by Ord. 154, 11/1/1994, §§ 1, 2; by Ord. 2007-6, 9/4/2007, § 08; and by A.O.]

1. The impact on the environment generated by subdivision, land development and other projects necessitates a comprehensive analysis of the variety of problems that may result in actions that can be taken to minimize these problems. In order to effectively evaluate the environmental consequences or effects of certain projects proposed in the Township, an Environmental Impact Assessment (EIA) report shall be submitted together with preliminary plans or building permit applications for the following:

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

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

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

In order to encourage the thorough preparation of an EIA report, the applicant may use the components of the EIA report to satisfy the reporting requirements of the Subdivision and Land Development Ordinance [Chapter 22]; provided, however, that a list of the sections of the Subdivision and Land Development Ordinance [Chapter 22] that are proposed to be satisfied by the EIA report shall be submitted with the EIA report.

2. An updated EIA report shall accompany and form a part of a final land development or subdivision plan as required by Subsection 1.

3. Twenty copies of the EIA report shall be submitted with the plans, preliminary or final. Within the EIA report, specific emphasis shall be directed toward the proposed project's effects on and relationship to applicable site, neighborhood (including areas in adjacent municipalities where applicable) and Township-wide resources, conditions or characteristics. The EIA report shall include text, tables, maps and analyses for the purpose of describing the project site, proposed use(s), environmental characteristics and the environmental effects of the proposal as follows:

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

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

(1) Township Comprehensive Plan, especially the land use and open space elements.

(2) Comprehensive Plan of adjacent municipalities whenever a project is located along or within 2,000 feet of the municipal boundaries.

(3) Bucks County Comprehensive Plan.

(4) Regional and state planning guides.

(5) Other pertinent planning documents.

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

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

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

(1) A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and a depiction of the features which are proposed such as streets, driveways, parking areas, buildings and other structures, and all impervious surfaces. The plan shall be drawn at a scale of not smaller than 100 feet to the inch, i.e., 50 feet to the inch is permitted but 200 feet to the inch is not, and may be submitted as an attachment to the report. The plan shall reflect all the information required under the plan requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].

(2) Floor plans and elevations depicting the proposed size, square footage, height, number of rooms (where applicable) of buildings and/or other structures.

(3) A statement indicating the existing and proposed ownership of the tract and where applicable, the type of ownership, operation and maintenance proposed for areas devoted to open space or otherwise not under the control of a single lot owner.

(4) A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or phase of the project. Such boundaries shall be superimposed on a version of the site development plan.

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

(1) A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features such as faults and/or fractures. All carbonate and diabase geology must be shown and all information required by § 22-525 of the Subdivision and Land Development Ordinance [Chapter 22] shall be included.

(2) A map depicting the topographical characteristics of the tract. Such map shall contain contours with at least two-foot intervals and shall depict slopes ranging from: 0% to 20%, 20% to 25%, and greater than 25%.

(3) A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed project such as prime agricultural soils, depth of bedrock, depth of water table, flood hazard potential, and limitations for septic tank filter fields. List and describe each soil type located on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations (as per the Soil Survey of Bucks County, Soil Conservation Service) relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where those moderate and severe limitations exist.

(4) A map depicting the hydrological characteristics of the tract. Such map shall depict: surface water resources, their drainage characteristics, watersheds and floodplains and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, lakes, and other natural bodies of water, springs, wetlands, and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.

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

(1) A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the woodland, forest and hedgerow areas of the tract and shall note the types of vegetation associations which exist in terms of their species types and sizes. In addition, all trees 12 inches in caliper or greater shall be accurately located and identified on the map whether they are free-standing trees or tree masses.

(2) A map depicting characteristics associated with wildlife habitats. Such map may draw upon vegetation, hydrology and soil maps in order to express habitat characteristics, associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s).

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

(1) A map depicting the land cover characteristics of the tract. Such map shall define existing features including: paved or other impervious surfaces, woodland and forest areas, cultivated areas, pasture, old fields, lawns and landscaped areas, and the like.

(2) A map depicting any encumbrances to the tract. Such map shall define easements and other areas where certain use privileges exist.

(3) A map depicting the land uses within 500 feet of the proposed tract. Such map may be at the same scale as the location map.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Water quality and quantity.

(2) Air quality.

(3) Noise.

(4) Undesirable land use patterns.

(5) Damage or destruction of significant plant or wildlife systems.

(6) Aesthetic values.

(7) Destruction of natural resources.

(8) Displacement of people and businesses.

(9) Displacement of viable farms.

(10) Employment and property taxes.

(11) Destruction of man-made resources.

(12) Disruption of desirable community and regional growth.

(13) Health, safety and well being of the public.

In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications, that is, whether the adverse effects will have direct or indirect influence on a particular resource, condition or characteristic.

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

(1) Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county and/or Township for remedial or protective action such as: sedimentation and erosion control, stormwater runoff control, water quality control and air quality control.

(2) Mitigation measures related to impacts which may be unique to a specific project are those related to efforts such as: revegetation, screening, fencing, creation of wetlands mitigation/replacement in accordance with the standards of the U.S. Army Corps of Engineers and the Pennsylvania Department of Environmental Protection, emission control, traffic control, noise control, relocation of people and/or businesses and land acquisition.

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

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

4. Educational Impact Study. An application for a major subdivision or the creation of six or more lots on a single property shall include an educational impact study describing the impact of the proposed development on the educational system of the Township, as described in this section.

A. Required Information for the Educational Impact Study.

(1) Operating cost per student using the Pennsylvania Department of Education Form PD 2-2058, "Instructional Expense Computation," obtained from the New Hope-Solebury School District.

(2) School district millage rate (obtained from the Township Tax Collector).

(3) Assessment factor (100% of total assessment value).

(4) Current available capacity for elementary school (obtained from the New Hope-Solebury School District).

(5) Current available capacity for secondary school(s) (obtained from the New Hope-Solebury School District).

(6) Capital cost per student for providing new education facilities (obtained from the New Hope-Solebury School District).

(7) Debt constant to determine annual cost of borrowed capital funds (obtained from New Hope-Solebury School District).

B. Method of Determining Fiscal Impact on Educational System.

(1) School District Tax Revenue Generation. Multiply the total dollar value of the development by the assessment factor; multiply the result by the school district millage rate.

(2) Development-Generated Operating Costs. Multiply the number of school-age children to be generated by the operating cost per student.

(3) Development-Generated Capital Costs. If the number of school children generated exceeds the current capacity of the Township school(s), determine the development-generated capital costs of the new school facilities by multiplying the number of students over capacity by the capital costs per student for the new facilities. Multiply the result by the debt constant. This gives the annual debt service cost.

(4) Net Impact Assessment. Add the operating costs and capital costs generated by the project, and subtract that number from the school district tax revenue generation to determine the educational cost impact of the development proposal.

C. Standards and Criteria for Determining Additional Educational System Impact.

(1) The following standards shall be used in determining the operating costs per student:

(a) Classroom size of 20 students per classroom.

(b) Site size to conform to the standards mandated by the Pennsylvania Department of Education.

(2) The existing school system (total elementary and secondary classroom and site size) shall be compared to the anticipated enrollment of the entire enrollment estimated from the proposed development and other approved but unbuilt developments.

(3) The Township shall not accept any educational impact statement prepared directly or indirectly for a developer by an employee or official of the local school district or the Township.

5. In making its evaluation, the Board of Supervisors, and/or the Planning Commission, may request any additional information it deems necessary to adequately assess potential environmental impacts. Whenever any information required in this section is assumed not directly applicable to the proposed project, the applicant shall indicate such assumed inapplicability in the narrative of the EIA report, and state why such information is considered to be inapplicable in the case of the particular project in question.

6. The EIA report shall be prepared by a planner certified by the American Institute of Certified Planners or its equivalent in collaboration with other licensed professionals. All persons who participate in preparing the report shall be identified and their qualifications stated. All sources of information shall be identified when presented and a bibliography shall be attached to the report. All work in the report shall be in conformity with recognized engineering, architectural and planning practices and principles. The Township may retain its own expert to evaluate the EIA report. The cost of the expert shall be a cost of the review of the project which shall be borne by the applicant.

7. The Board of Supervisors shall not approve the project unless it determines and finds that the proposed development:

A. Will not result in appreciable harmful effects to the environment.

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

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

§ 27-2611 Wireless Telecommunications Facilities.

[Ord. 94, 6/8/1988; as amended by Ord. 2014-5, 5/22/2014, Art. XXXV]

1. Purpose. The purpose of this section is to protect the public health, safety, and general welfare of the citizens of the Township and of those who visit this community, while accommodating the telecommunication needs of residents, visitors, community services, and businesses. With this in mind, this section establishes uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities in the Township. While the Township recognizes the importance of wireless telecommunications 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. Design. By enacting this section, the Township intends to:

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

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

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

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

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

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

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

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

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

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

3. Definitions. The following are applicable to wireless telecommunications facilities:

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc), whip antennas, or any other wireless antenna. An antenna shall not include tower-based WTF defined below. For the purposes of this use, this definition shall not include private residents' mounted satellite dishes or television antennas or amateur radio equipment, including without limitation, ham or citizen band radio antennas.

CO-LOCATION

The mounting of one or more WTFs, including antennas, on an existing tower-based WTF or utility or light pole.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

EMERGENCY

A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

ESSENTIAL SERVICES

The erection, construction, alteration, and/or maintenance, by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems and essential buildings, excluding a WTF, as defined herein.

HEIGHT OF A TOWER-BASED WTF OR WTF SUPPORT STRUCTURE

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower or support structure, including antennas mounted on the tower/structure and any other appurtenances.

MONOPOLE

A WTF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

NON-TOWER WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER WTF)

All non-tower wireless telecommunications facilities, including, but not limited to, antennas and related equipment. Non-tower WTF shall not include support structures for antennas and related equipment.

PERSONS

Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations, and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided that person does not include or apply to the Township or to any department or agency of the Township.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, and light poles.

STRUCTURALLY ABLE

The determination that a tower or structure is capable of safely carrying the load imposed by the proposed new antenna(s) under all reasonably predictable conditions as determined by professional structural engineering analysis, including wind and ice loads or any other structural requirements.

SUBSTANTIALLY CHANGE

(1) Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless telecommunications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or (2) any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

TELECOMMUNICATIONS EQUIPMENT BUILDING

An unmanned building, cabinet or structure containing communications equipment required for the operation of antennas on that site. Such a building shall cover an area on the ground not greater than 250 square feet, unless otherwise approved by the Township, and shall be no more than 12 feet high. Such buildings shall be designed to be architecturally similar and compatible with each other, and whenever possible, shall be joined or clustered so as to appear as one building.

TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITIES

Any telecommunications facility designed for use while a permanent wireless telecommunications facility is under construction, rehabilitation, or restoration or a facility employed to provide additional capacity during special events or emergencies.

TOWER-BASED WIRELESS TELECOMMUNICATIONS FACILITY (TOWER-BASED WTF)

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles, and light poles. DAS hub facilities are considered to be tower-based WTFs.

TOWNSHIP

Solebury Township, Bucks County, Pennsylvania.

WBCA

Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1 et seq.

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless telecommunications facility or any other structure that could support the placement or installation of a wireless telecommunications facility if approved by the Township.

WIRELESS TELECOMMUNICATIONS FACILITY (WTF)

The antennas, nodes, control boxes, towers, poles, structures, buildings, conduits, ducts, pedestals, electronics, and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

WIRELESS TELECOMMUNICATIONS FACILITY APPLICANT (WTF APPLICANT OR APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval, and/or permission to use the public ROW or other Township-owned land or property.

WIRELESS TELECOMMUNICATIONS FACILITY SITE (WTF SITE)

A property, or any part thereof, which is owned or leased by one or more telecommunications providers and upon which one or more WTFs and any required landscaping are located.

4. General Requirements — All Facilities. Unless otherwise prohibited by the WBCA, all wireless telecommunications facilities shall be permitted only by conditional use in accordance with § 27-2914 of this chapter. Where conditional use approval is prohibited by the WBCA, such covered facilities shall be allowed by right. All WTFs shall be subject to the following regulations:

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

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

C. Interference. No WTF shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.

D. Radio Frequency Emissions. No WTF may, by itself or in conjunction with other WTFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

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

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

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

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

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

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

K. Monitoring and Maintenance. The following requirements shall apply:

(1) Every WTF 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 general public.

(3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(4) There shall be no water or sewage facilities provided in connection with any WTF or telecommunications equipment building.

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

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

N. Inspection.

(1) All WTFs shall be inspected every two years by an expert who is regularly involved in the maintenance, inspection, and/or erection of such facilities and is a Pennsylvania licensed professional structural engineer. At a minimum, this inspection shall be conducted with the tower inspection class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antennas Towers and Antenna Support Structures. A copy of said inspection report shall be provided to the Township within 10 business days of the inspection.

(2) The Township reserves the right to inspect any WTF to ensure compliance with the provisions of this chapter and any other provision found within the Township's ordinances or state or federal law. The Township shall have the authority to enter the property upon which a WTF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(3) All WTF applicants shall provide the Township with a written commitment that they will allow the Township to inspect their WTF to ensure compliance with the provisions of this use and any other provisions found within the Township's ordinances or state or federal law and that they grant the Township and/or its agents the authority to enter the property upon which a WTF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(4) In the event of any major modification of an existing WTF, which includes changes to structural dimensions, increase in number or types of antennas or other devices, or other structural modifications, the WTF owner(s) shall immediately perform a new inspection.

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

(1) Immediately upon notification of such defects, post warnings of same at access points to the WTF; notify appropriate emergency authorities; notify the Township; and notify the landowner of the WTF site and the owners of the abutting properties within the unsafe area (minimally a 360° area with a radius equal to the height of the WTF); and when appropriate, in consultation with emergency authorities, restrict access to the unsafe area and/or encourage evacuation of residents.

(2) Within 10 business days of notification of such defects, submit to the Township a plan to correct these defects, for review and approval by the Township. The owner shall implement its remediation plan as soon as reasonably possible, but in no event later than 10 business days after its approval by the Township.

P. Application and Compliance.

(1) Applicant shall make application for and have evidence of a Solebury Township building permit prior to construction or installation of any portion of the WTF. The plan and design calculations for the construction of any WTF shall contain the seal and signature of a Pennsylvania licensed structural engineer.

(2) All WTFs shall be located on lots which meet the minimum size requirement and other regulations for the zoning district in which they are to be located, in addition to the setback requirements as provided in herein.

(3) At the completion of the building and/or installation of a WTF, the owner shall provide the Township with a certification issued by a Pennsylvania-registered professional structural engineer that the facility has been built in accordance with the plans submitted to the Township.

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

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

5. General Requirements-Tower-Based WTFs. All tower-based wireless telecommunications facilities shall be subject to the following regulations:

A. Location.

(1) Tower-based WTFs shall only be allowed in the following wireless telecommunications overlay zones:

(a) Within 50 feet of any high voltage electricity transmission tower located within the Township.

(b) Within the TNC Traditional Neighborhood Commercial District and the LI Light Industrial District.

(c) Attached to a tower or structure existing as of May 22, 2014, and located in any zoning district.

(2) Any application proposing the construction of a tower-based WTF 50 feet or greater in height, and not within the boundaries of the wireless telecommunications overlay zones established in Subsection 5A(1) above, shall be treated as an application for a variance and assessed by the Township Zoning Hearing Board.

B. Gap in Coverage. An applicant for a tower-based WTF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WTF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

C. Co-Location.

(1) An application for a new WTF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed WTF cannot be accommodated on an existing structure or building, including, but not limited to: smoke stacks, water towers/tanks, tall buildings, other towers or poles, church steeples, other natural or manufactured tall structures or features, or utility and traffic light poles. Any application for approval of a WTF shall include a comprehensive inventory of all existing towers, buildings, and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable.

(2) For every existing tower, building, or structure on this inventory, the applicant shall demonstrate conclusively why such tower, building, or structure cannot be utilized based upon one or more of the following reasons, supported by engineering and other related support data:

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

(b) The proposed antenna(s) and related equipment would cause radio frequency interference with other existing equipment on the existing structure, and this interference cannot be prevented at a reasonable cost.

(c) The existing structure does not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

(d) The addition of the proposed antenna(s) and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the FCC.

(3) The applicant shall undertake a good faith effort to contact all owners of a potentially suitable tower, building, or structure on the inventory to determine the owner's willingness to allow the co-location of the proposed WTF on its tower, building, or structure. If a suitable existing tower, building, or structure is found, it shall be used to mount the antenna unless the applicant provides written proof to the Township that the owner denied permission to the applicant to install the antenna on this tower, building, or structure or that a commercially reasonable agreement could not be reached with the owner.

D. Timing of Approval. Within 30 calendar days of the filing of an application for a tower-based WTF with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Any application for a tower-based WTF shall be acted upon within 150 days of the receipt of a fully completed application for a tower-based WTF. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period. The Township shall advise the applicant in writing of its decision on the application.

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

(1) All unused or abandoned tower-based WTFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

(2) If the WTF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WTF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WTF, including any expenses incurred in conjunction with the removal of these facilities, including, but not limited to, engineering fees, attorney's fees, construction or demolition costs, and repair costs.

(3) Any unused portions of tower-based WTFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WTF previously removed.

(4) If the owner of the WTF fails to reimburse the Township for the costs of any removal activities undertaken by the Township within 30 days of being invoiced for the same, the Township may make demand upon any bond or other financial security maintained with the Township for such WTF for the full amount owed to the Township, including any expenses incurred in conjunction with the collection of these monies, including, but not limited to, legal costs and attorney's fees.

(5) Removal of a tower-based WTF located in the ROW shall comply with the regulations set forth below for such facilities.

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

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

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

I. Bond. Prior to the issuance of a permit, the owner of a tower-based WTF shall, at its own cost and expense, obtain and maintain a bond or other form of security acceptable to the Township Solicitor, in an amount of $100,000 from a surety licensed to do business in Pennsylvania. Such bond or security shall assure the faithful performance of the terms and conditions of this chapter and shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The original of said bond or security shall be provided to and held by the Township.

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

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

[Added by Ord. 2018-004, 3/6/2018; amended by Ord. No. 2021-007, 10/19/2021]

6. General Requirements-Tower-Based WTFs Inside of ROW. The following regulations shall apply to all tower-based wireless telecommunications facilities located within the right-of-way of any public street and all such WTFs shall comply with these requirements:

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

B. Design Requirements.

(1) WTF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(2) Antennas and all support equipment shall be treated to match the supporting structure. WTFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

C. Equipment Location. All WTFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

(1) In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, the edge of the cartway, the nearer edge of a sidewalk or pedestrian/bike path, or any building.

(2) Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

(3) Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

(4) Any underground vaults related to non-tower WTFs shall be reviewed and approved by the Township.

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

(1) The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way.

(2) The operations of the Township or other governmental entity in the right-of-way.

(3) Vacation of a street or road or the release of a utility easement.

(4) An emergency as determined by the Township.

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

7. Specific Requirements — Tower-Based Facilities Outside of ROW. The following regulations shall apply to tower-based wireless telecommunications facilities located outside of the right-of-way of any public street and all such WTFs shall comply with these specific requirements:

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

B. Design Regulations and Finishes.

(1) To promote the aesthetics and compatibility of the use within the existing areas of the Township, tower-based WTFs located outside the public rights-of-way shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WTF applicant shall be subject to the approval of the Township. At a minimum, all applications for a new WTF shall propose, where feasible, an alternate design in the form of a tree, silo, or other common landscape feature.

(2) Any height extensions to an existing tower-based WTF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WTF to more than 110 feet, unless the Board of Supervisors, in its sole discretion, determines to permit the height to exceed 110 feet in order to accommodate a proposed co-location. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township. The Board of Supervisors, in its sole discretion, shall determine the maximum height of any tower-based WTF based upon the above-requirements.

(3) Any proposed tower-based WTF outside the public rights-of-way shall be designed structurally, electrically, and in all respects to accommodate both the WTF applicant's antennas and comparable antennas for future users.

(4) Whenever stealth technologies are not employed, all tower-based WTFs outside the public rights-of-way shall have a galvanized finish unless otherwise required. The Board may require the tower(s) to be painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings or be otherwise camouflaged to minimize the adverse visual impact, except in cases in which the Federal Aviation Administration (FAA) or other state or federal authorities have dictated color.

(5) Proposed WTFs shall not unreasonably interfere with the view from any public park, conservation area, natural scenic vista, historic building or district, or major view corridor. Narrow structures with guyed supports may be preferred for aesthetic purposes.

C. Surrounding Environs.

(1) The tower-based WTF applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the WTF structure is preserved to the maximum extent possible.

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

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

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

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

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

(2) Minimum Lot Size. The minimum lot area shall be the area needed to accommodate the tower/pole (guy wires if used), the telecommunications equipment building, security fence, and buffer planting, which shall be in addition to the required lot area for the existing permitted use.

(3) Minimum Setbacks. Minimum setbacks measured from the required security fence: 75% of the height of the wireless support structure or the yard setbacks applicable to the zoning district in which the WTF is located, whichever is greater.

(4) Access. Whenever feasible, the vehicular access to the communications equipment building shall be provided along the circulation driveways of the existing use.

G. Fence/Screen.

(1) An eight-foot high security fence shall completely surround any tower-based WTF, guy wires, telecommunications equipment building, or any other structure housing WTF equipment. Use of razor wire is not permitted.

(2) Buffer plantings meeting the requirements of § 22-520, Landscape Conservation and Improvement Plans of the Subdivision Ordinance [Chapter 22] shall be installed along the perimeter of the security fence and shall be sufficient to ensure that ground equipment and structures associated with the WTF are hidden from adjacent public roadways, unless otherwise approved by the Board of Supervisors. Existing on-site vegetation outside the immediate site for the WTF shall be preserved, and disturbance to existing topography shall be minimized, unless the disturbance is demonstrated to result in less visual impact from the WTF on surrounding properties and other vantage points.

H. Accessory Equipment.

(1) Ground-mounted equipment associated to, or connected with, a tower-based WTF shall be underground or screened from public view using stealth technologies, as described above.

(2) All telecommunications equipment buildings, 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.

I. Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WTF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. One off-street parking space, or one space per employee, whichever requires the greatest number of spaces, shall be provided. Where necessary, the WTF owner shall present documentation to the Township that the property owner has granted an access easement for the proposed facility.

8. General Requirements-Non-Tower Facilities Outside of ROW. All non-tower wireless telecommunications facilities, except for those located in the public rights-of-way, shall be subject to the following regulations:

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

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

(1) All abandoned or unused WTFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.

(2) If the WTF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WTF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WTF.

(3) Removal of a non-tower WTF located in the ROW shall comply with the regulations set forth below for such facilities.

C. 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 non-tower WTF, as well as related inspection, monitoring, and related costs. Where the non-tower WTF does not substantially change the physical dimensions of the wireless support structure to which it is attached, 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 this non-tower WTF or $1,000, whichever is less.

D. Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WTF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

E. Bond. Prior to the issuance of a permit, the owner of a non-tower WTF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in an amount of $25,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

9. General Requirements-Non-Tower Facilities in ROW. All non-tower wireless telecommunications facilities located in the public rights-of-way shall be subject to the following regulations:

A. Co-location. Non-tower WTFs in the ROW shall only be co-located on existing poles, such as existing utility poles or light poles, and are permitted in all zones in accordance with the restrictions and conditions prescribed within this chapter and subject to the prior written approval of the Township.

B. Design Requirements.

(1) WTF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(2) Antennas and all support equipment shall be treated to match the supporting structure. WTFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

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

D. Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair, and/or removal of all non-tower WTFs 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, 66 Pa.C.S.A. § 101 et seq.

E. Equipment Location. Non-tower WTFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

(1) In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, the edge of the cartway, the nearer edge of a sidewalk or pedestrian/bike path, or any building.

(2) 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.

(3) Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

(4) Any underground vaults related to non-tower WTFs shall be reviewed and approved by the Township.

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

(1) The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way.

(2) The operations of the Township or other governmental entity in the right-of-way.

(3) Vacation of a street or road or the release of a utility easement.

(4) An emergency as determined by the Township.

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

10. Specific Requirements-Non-tower Facilities That Change Support Structure. All non-tower wireless telecommunications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached shall be subject to the following additional regulations:

A. Development Regulations. Non-tower WTFs shall be co-located on existing structures, such as existing buildings or tower-based WTFs, subject to the following conditions:

(1) If the WTF applicant proposes to locate the communications equipment associated with this WTF in a separate building, the following shall be met:

(a) Such a building shall comply with the minimum requirements for the applicable zoning district.

(b) A gated, eight-foot high security fence shall completely surround this building. Use of razor wire is not permitted.

(c) Buffer plantings meeting the requirements of § 22-520, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22] shall be installed along the perimeter of the security fence surrounding this building and shall be sufficient to ensure that it is hidden from adjacent public roadways, unless otherwise approved by the Board of Supervisors. Existing on-site vegetation outside the immediate site for the WTF shall be preserved, and disturbance to existing topography shall be minimized, unless the disturbance is demonstrated to result in less visual impact from the WTF on surrounding properties and other vantage points.

(d) Vehicular access to this building shall not interfere with the parking or vehicular circulations on the site for the principal use.

B. Design Regulations.

(1) Non-tower WTFs 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 WTF applicant shall be subject to the approval of the Township.

(2) Non-tower WTFs, which are mounted to a building or similar structure, may not exceed a height of 20 feet above the roof or parapet, whichever is higher. Or the applicable height limitation in the zoning district whichever is lower.

(3) All non-tower WTF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

(4) Antennas, and their respective accompanying support structures, shall be no greater in diameter in any cross-sectional dimension than is reasonably necessary for their proper functioning.

(5) Noncommercial Usage Exemption. Persons 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 regulations enumerated in this subsection.

C. Removal, Replacement and Modification.

(1) The removal and replacement of non-tower WTFs and/or accessory equipment for the purpose of upgrading or repairing the WTF is permitted, so long as such repair or upgrade does not increase the overall size of the WTF or the number of antennas.

(2) Any material modification to a WTF shall require a prior amendment to the original permit or authorization.

11. Conditional Use Requirements. Applicants for a wireless telecommunications facility shall present testimony and evidence to the Board of Supervisors in support of the following requirements:

A. The applicant shall present documentation that the facility is designed in accordance with all the standards cited in this chapter for WTFs.

B. The applicant shall demonstrate that the antenna/tower/pole for the WTF is the minimum height necessary for the service area.

C. The applicant shall demonstrate that the proposed WTF complies with all state and federal laws and regulations concerning aviation safety.

D. The need for additional buffer yard treatments shall be evaluated.

E. The applicant shall demonstrate that the WTF must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative co-location exists.

F. Where the WTF is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed WTF and that vehicular access will be provided to this facility.

12. Temporary Wireless Telecommunications Facilities. Temporary WTFs are subject to the following:

A. Use of a temporary WTF requires a zoning permit from the Township, unless otherwise prohibited by the WBCA or if such WTF is being employed in response to an emergency.

B. Temporary WTFs shall not be employed for longer than five days during a special event.

C. The maximum height of a temporary WTF is 50 feet from grade.

D. Temporary WTFs shall comply with all applicable provisions of this chapter.

13. Wireless Telecommunications Facility Insurance. The owner of a WTF shall obtain liability, property damage, and personal injury insurance in the minimum amount of $1,000,000 per occurrence and $3,000,000 in the aggregate covering all portions of the WTF. The Township shall be listed as an additional insured on these policies and proof of this insurance coverage shall be provided to the Township. The owner(s) shall arrange with the insurance carrier(s) for original certificates of insurance for all renewals or cancellations of said insurance coverage to be delivered to the Township. At a minimum the following insurance requirements shall be satisfied:

A. The required insurance must be obtained and maintained for the entire period the WTF is in existence from pre-construction through final decommissioning and rehabilitation. If the owner and operator, and their respective contractors or subcontractors do not have the required insurance, the Township will order such entities to cease operation of the facility until such insurance is obtained.

B. Copies of these insurance policies shall be filed with the Township at the time of application. For entities that are entering the market, the policies shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse of coverage. In addition to submitting these policies, the owner shall provide the name, address and phone number of the insurance carrier and identify an agent in case of inquiries.

C. The policies of insurance shall contain a provision that coverages afforded under such policies shall not be canceled until at least 30 days' prior written notice had been given to the Township. All insurance policies shall be issued by companies authorized to do business under the laws of the Commonwealth of Pennsylvania.

14. Exempt Facilities.

A. Township Facilities. Proposed or existing WTFs owned, operated, or leased by the Township or located upon property owned by the Township shall not be subject to the requirements of this section, nor to the conditional use provisions of this section. This exemption does not apply to proposed or existing WTFs located in Township-owned rights-of-way and owned, operated, or leased by non-Township entities.

B. Partially Exempt Facilities. Essential services as defined in Subsection 3 above; police, fire, ambulance, and other emergency dispatch; amateur (ham) radio; citizens-band radio; single-use local business radio dispatch; television antennas for home use; and temporary mobile facilities for television or radio broadcasts are all exempt from the requirements of this section, except for the applicable height and setback standards set forth above.

C. No FCC-licensed WTF shall be considered exempt from this section for any reason, whether or not said facility or use is proposed to share a tower or other structure with partially exempt facilities, unless it is a Township facility, as described above.