Township of Northampton, PA Part 11 SUPPLEMENTAL REGULATIONS

§ 27-1101 General Intent.

[Ord. 160, 4/6/1977]

The supplemental regulations contained in this Part are intended to apply to all zoning districts, uses, structures, lots or other articles of this chapter, except as otherwise stated. Every building, or structure hereafter erected, altered, enlarged or maintained, and every building, structure or parcel of land hereafter used, shall be in complete conformity with the requirements of the district in which the building is located and in conformity with the following supplemental regulations.

§ 27-1102 Aircraft, Aviation Facilities.

[Ord. 160, 4/6/1977]

Any facility connected with military, municipal or private aviation facilities must be approved as a conditional use within the IP Institutional/Public District (see § 27-802, Subsection 1B). There are no such existing facilities within Northampton Township. If such facilities were considered within the Township, it is most likely that such would be an extension of or be related to the Naval Air Development Center (NADC) which abuts the Township boundaries. It is the intention of the Township to acknowledge the recommendations of the Compatible Use Zone Study and the Air Installation Compatible Use Zones contained in such study, dated February 1976, by giving due consideration to such recommendations at the time of review of any habitable use or subdivision located within CNR Zone 3 and CNR Zone 2 (Composite Noise Rating Zones), as shown on Figure IV-1 of said study.

§ 27-1103 Buffers and Screening.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; and by Ord. 276, 7/13/1988]

1. Buffer spaces are required for permitted uses in the R-3 Multi-family District, each of the commercial zoning districts, the PO Professional Office District, the I-1 Planned Industrial District and for certain uses in the IP Institutional/Public District.

2. Required buffers shall not be less than 20 feet in depth or as specified for each respective use or district. Buffer spaces shall not be used for parking, main or accessory buildings or any other use.

3. All required buffer spaces shall be landscaped as follows:

A. Required screening and buffer areas shall consist of at least 80% evergreen material and must, through layout and content, provide design solutions which solve all visual and noise problems related to residential, industrial or commercial uses whether on the same lot or not.

B. In addition to required tree and shrub buffer, earthen berms, fences or masonry walls may be acceptable or desirable when it is determined to be not feasible to achieve desired buffering with plant material.

C. Spacing, density and material selection shall be based on intensity or degree of problem in area of required screening or buffer planting.

D. A naturalized arrangement of plant material and earthen berms shall be used wherever possible.

E. In all screening and buffer plantings, deciduous trees and shrubs shall be used with required evergreen material to provide accent and color to the overall planting.

4. In addition to the above, landscaping shall be required for any multi-family use and for any nonresidential use as follows:

A. Any part or portion of any site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings. A replacement program for nonsurviving plants should be included.

B. Any single parking area with 20 or more spaces shall utilize at least 5% of its area in landscaping, which shall be in addition to open area requirements of the district.

§ 27-1104 Accessory Buildings, Structures and Uses.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 298, 9/13/1989; by Ord. 300, 10/11/1989; by Ord. 414, 11/27/1996; by Ord. 522, 12/12/2007; and by Ord. 525, 12/12/2007]

1. Residential lots containing accessory buildings, structures and uses, including any garages, barns, carports, decks, patios, terraces, gazebos, pavilions, greenhouses, utility sheds, storage sheds, tennis courts, domestic animal shelters, or other similar accessory buildings, structures and uses, shall comply with the provisions specified under § 27-1105 of this chapter. The Zoning Officer shall have the final determination as to the classification of the structure.

[Amended by Ord. No. 611, 8/25/2021]

2. Nonresidential lots containing accessory buildings, structures and uses, including any garages, storage facilities, pole barns, farm buildings, greenhouses, supplemental uses, recreation facilities, or other similar accessory buildings, structures and uses, shall comply with the provisions specified under § 27-1106 of this chapter.

§ 27-1105 Residential Accessory Buildings, Structures and Uses.

[Ord. 160, 4/6/1977; as added by Ord. 522, 12/12/2007; as amended by Ord. 551, 7/28/2010, § 2; by Ord. 558, 4/27/2011, §§ 2, 3; and by Ord. 591, 5/24/2017]

1. Residential lots containing a permitted residential dwelling unit shall comply with the following general provisions:

[Amended by Ord. No. 611, 8/25/2021]

A. The accessory building, structure or use shall be subordinate and customarily incidental to the principal building and utilized as an accessory use on the lot occupied by the principal building.

B. The accessory building, structure or use shall not be located in the front yard.

C. The land area occupied by the accessory building or structure shall account towards the building coverage calculations for the lot and zoning district to which it is located.

D. The land area occupied by the residential accessory building or structure shall account towards the impervious surface ratio calculations for the lot and zoning district to which it is located.

E. The maximum height of any accessory building or structure shall be 15 feet unless otherwise indicated.

F. No permanent residential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is an accessory component.

2. The following provisions shall apply to detached residential garages, barns, carports, and similar buildings and structures:

[Amended by Ord. No. 611, 8/25/2021]

A. Compliance must be met with the following square footage limitations with respect to the footprint of the building or structure:

(1) A maximum of 1,000 square feet is permitted for properties up to two acres with a maximum height of 15 feet. The required side and rear yard setbacks are both 15 feet each.

(a) A ten-foot side yard setback is permitted for lots in R-2 Cluster subdivision.

[Added by Ord. No. 617, 2/28/2024]

(2) A maximum of 1,500 square feet is permitted for properties between two and five acres with a maximum height of 20 feet. The required side and rear yard setbacks are both 20 feet each.

(3) A maximum of 2,000 square feet is permitted for properties over five acres with a maximum height of 20 feet. The required side and rear yard setbacks are both 30 feet each.

(4) If located in the side yard, no portion of the building or structure can extend past the front building line of the house.

B. No more than one detached residential garage, barn, carport, or similar structure is permitted per lot. If the property exceeds two acres, two structures are permitted.

C. No structure can be used for business purposes, habitation, or for the storage of any hazardous materials other than routine items that are customary to a residential dwelling, such as gasoline for mowers and other similar materials.

D. In no case can the footprint of the building or structure exceed the footprint of the residential dwelling or exceed the square footage limitations identified in § 27-1105, Subsection 2A.

E. Detached residential garages, barns, carports, and similar structures on a lot occupied by a single-family attached dwelling, single-family semi-detached dwelling, townhouse, or other dwelling having a common lot line may be located along the common lot line, provided that they do not project onto the adjacent property and they are located at least five feet from the rear property line.

3. The following provisions shall apply to decks, patios and terraces:

A. Decks, patios and terraces located on a lot occupied by a single-family detached dwelling unit shall comply with the building setback requirements of the underlying zoning district to which they are located, but are permitted to encroach a maximum of 25% within the required rear yard setback for said zoning district.

[Amended by Ord. No. 611, 8/25/2021; Ord. No. 617, 2/28/2024]

(1) Unenclosed porticos and similar structures may project into the required setbacks.

B. Decks, patios and terraces located on a lot occupied by a single-family attached dwelling unit or semidetached dwelling unit may be located along the common lot line, provided that they do not project onto another property and comply with the remaining setback requirements.

C. Decks, patios and terraces located on a lot occupied by a single-family detached dwelling unit, single-family attached dwelling, or single-family semidetached dwelling may be covered, provided that it is in accordance with all building code requirements.

D. Decks, patios and terraces located on a lot occupied by a townhouse unit may only be located in the rear yard and subject to the following provisions:

(1) It shall be located at least one foot from a side lot line or, in the case where a townhouse dwelling unit is not located on a fee-simple lot, an imaginary line extending from the common wall of any contiguous townhouse dwelling units.

(2) It shall be located at least 30 feet from a rear lot line; provided, however, that in instances where the existing rear yard setback was less than 42 feet, a patio, deck or similar structure may be attached to the rear of a dwelling unit and may extend into the rear yard provided that the deck is no closer than seven feet from the rear property line. In the case of developments where the yard area is common space, decks, patios, and terraces can be constructed in accordance with Homeowner's Association requirements and/or as specified on the approved plan.

4. The following provisions shall apply to noncommercial greenhouses:

A. Noncommercial greenhouses located on a lot occupied by a single-family detached dwelling unit shall comply with the building setback requirements of the underlying zoning district.

B. All noncommercial greenhouses shall not exceed 500 square feet per acre of land and shall not exceed 10,000 cumulative square feet in total gross covered floor area occupied by all of the noncommercial greenhouses located on the property.

5. The following provisions shall apply to utility sheds, storage sheds, gazebos, pavilions, pool houses, and similar structures:

[Amended by Ord. No. 611, 8/25/2021]

A. Utility sheds or storage sheds located on a lot occupied by a single-family detached dwelling unit may be erected in the rear yard behind the back building line of the residential dwelling and shall be located at least seven feet from the property line. All such utility or storage sheds shall not exceed 240 square feet in floor area and shall not exceed 12 feet in height. Sheds larger than 240 square feet are subject to the requirements of Subsection 2 and shall be classified as a detached residential garage, barn, carport, and similar building or structure.

B. Unless otherwise specified by this chapter, utility sheds, storage sheds, gazebos, and all other accessory buildings or structures that are located on a lot occupied by a single-family attached dwelling or semidetached dwelling may be erected in the rear yard behind the back building line of the residential dwelling and shall be located at least five feet from the property line. All such accessory buildings or structures shall not exceed 80 square feet in floor area and shall not exceed 12 feet in height. Sheds larger than 80 square feet are subject to the requirements of Subsection 2 and shall be classified as a detached residential garage, barn, carport, and similar building or structure.

C. No more than one utility shed or storage shed shall be permitted per lot. If the property exceeds two acres, two structures are permitted.

D. All utility sheds or storage sheds shall be located, designed, constructed and installed in accordance with the manufacturer's specifications and the building codes of Northampton Township.

E. Gazebos, pool houses, pavilions, and similar structures are permitted on a lot occupied by a single-family detached dwelling unit provided it is in accordance with the provisions of § 27-1105.2A(1) through (3) related to maximum square footage, maximum height, and minimum setbacks based on lot size. In addition, no structure can be used as permanent living quarters.

[Amended by Ord. No. 617, 2/28/2024]

(1) Single-family attached, single-family semi-detached, townhouses, or other dwellings having a common lot line are required to meet the requirements of § 27-1105.2E.

6. Domestic animal shelters or housing units may be permitted, provided that the structure is located at least seven feet from the side or rear property line.

7. Permanent noncommercial recreation facilities, structures and uses including, but not limited to, tennis courts, hockey rinks, skateboard facilities, basketball courts, and other similar accessory facilities, structures or uses, exceeding a cumulative playing surface area of 1,000 square feet shall be located at least 15 feet from the rear or side property lines. The exterior lighting facilities for all such noncommercial recreation facilities, structures or uses shall be located at least 15 feet from all property lines, which shall be directed downward to the playing surface area and shielded to prevent light spillage onto adjacent properties.

A. If the cumulative playing surface is less than 1,000 square feet, a fifteen-foot setback is required from all property lines.

[Added by Ord. No. 611, 8/25/2021]

8. Swimming pools must be constructed in the rear and side yards only. All portions of the pool, including coping and pool equipment, must be located a minimum of 10 feet from the property line.

§ 27-1106 Nonresidential Accessory Buildings, Structures and Uses.

[Ord. 160, 4/6/1977; as added by Ord. 522, 12/12/2007]

1. Nonresidential lots containing a permitted nonresidential use shall comply with the following general provisions:

A. The accessory building, structure or use shall be subordinate and customarily incidental to the principal building and utilized as an accessory use on the lot occupied by the principal building.

B. Unless otherwise specified by this chapter, all accessory buildings, structures or uses shall comply with all building setback requirements for the underlying zoning district to which it is located.

C. The land area occupied by the accessory building or structure shall account towards the building coverage calculations for the lot and zoning district to which it is located.

D. The land area occupied by the accessory building or structure shall account towards the impervious surface ratio calculations for the lot and zoning district to which it is located.

E. Unless otherwise specified by this chapter, the maximum height of any nonresidential accessory building or structure shall be 30 feet.

F. No permanent residential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is an accessory component.

2. Storage facilities are permitted, provided that such facilities are located in areas which have direct access to a public street or driveway. The outdoor storage of materials shall be screened from the view of adjacent properties with a berm, trees, landscaping materials and/or fence.

3. Temporary living quarters for proprietors, watchmen, caretakers or similar-type employees may be permitted by special exception for nonresidential uses located within the C-2, C-3, PO and I-1 Zoning Districts.

4. Restaurants, cafeterias and/or recreational facilities are permitted, provided they are intended for the use of employees only, unless they are permitted as principal uses in the district in which they are constructed.

5. Primary or alternative energy systems shall be permitted as external accessory structures, provided they are located in a manner to comply with the building setback lines for the underlying zoning district to which they are located.

§ 27-1107 Fences.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 216, 8/8/1984; by Ord. 236, 3/26/1986; by Ord. 375, 12/15/1993; by Ord. 558, 4/27/2011, § 4; and by Ord. 591, 5/24/2017]

1. Authorized fences shall be erected only in the side yards, rear yards or other portion of a lot behind the front building setback line.

[Amended by Ord. No. 611, 8/25/2021]

A. In all residential districts, dwellings that are located on a corner lot are permitted to place privacy fences in the secondary front yard a distance of 1/2 the required front yard setback.

B. To the extent possible as determined by the Zoning Director, existing plantings and vegetation shall be preserved.

2. In all districts, fences up to six feet in height from grade level may be erected as noted above. In addition, the following requirements shall apply:

A. Fence enclosures for swimming pools are required to meet the requirements of the Pennsylvania Uniform Construction Code, as amended.

B. (Reserved)

C. Conventional fences required for farm use, agricultural use and related facilities on properties in excess of five acres shall be exempt from the fence regulation of this chapter, except for the height regulation.

D. Required fences for tennis, baseball or softball backstops and similar fences for similar recreational facilities shall be exempt from the regulations of this chapter, provided that such recreational fences are not located closer than 50 feet to any abutting residential property in all residential zoning districts.

E. Any appeals from a decision or other action of the Zoning Officer with respect to fences as covered in this section or other provisions of this chapter may be made to the Zoning Hearing Board under the provisions for variances as covered under § 27-1402, Subsection 3, of this chapter.

3. Fences in the Village Overlay District shall be permitted in accordance with § 22-619, Subsection 7G(2), of the Subdivision and Land Development Chapter, Village Overlay District Design Requirements, which is incorporated herein.

§ 27-1108 Home Occupations.

[Ord. 160, 4/6/1977; as amended by Ord. 189, 11/19/1980; by Ord. 210, 5/9/1984; by Ord. 272, 5/11/1988; and by Ord. 307, 6/13/1990]

Home occupations, as defined in this chapter, are permitted as special exceptions (see Part 14) in the AR, EP, CR, R-1, R-2 and R-3 Zoning Districts, provided that such use may be permitted only within a single-family detached dwelling which is located on a lot containing not less than 20,000 square feet in area, with the exception that the lot for an office for a physician or dentist shall contain not less than 30,000 square feet.

§ 27-1109 Off-Street Loading Requirements.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; and by Ord. 470, 12/13/2000]

1. Off-street loading and unloading space(s) with proper and safe access from street or alley shall be provided on each lot where it is required that such facilities are necessary to adequately serve the uses within the district. All such loading and unloading spaces shall be located to the side or the rear of the building. Each loading and unloading space:

A. Shall be at least 12 feet wide, 55 feet long and shall have at least a fifteen-foot vertical clearance.

B. Shall have an additional sixty-foot maneuvering area.

C. Shall have an all-weather surface to provide safe and convenient access during all seasons.

D. Shall not be constructed in any required yard or required parking area.

2. Required off-street parking space, including aisles, shall not be used for loading and unloading purposes except during hours when business operations are suspended.

3. Loading and unloading facilities shall be designed so that trucks need not back into or out of, or park in, any public right-of-way.

4. All commercial and industrial buildings shall have adequate loading and unloading facilities in accordance with the following standards:

A. Any combination of uses on a lot having an aggregate floor area of 8,000 square feet or more shall require one off-street loading space.

B. In addition to the above, one additional off-street loading space shall be provided for each 25,000 square feet of floor area up to a maximum of three total off-street loading spaces; provided, however, that a planned shopping center may require additional loading spaces due to design and building location requirements.

C. Warehouse uses shall be designed for an appropriate number of off-street loading spaces to meet the needs of the specific use.

5. Based upon a recommendation from the Township Engineer and/or traffic engineer, the Township can approve an alternative configuration based on the specific requirements of a particular use.

[Added by Ord. No. 611, 8/25/2021]

§ 27-1110 Off-Street Parking Requirements.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 218, 11/24/1984; by Ord. 264, 2/10/1988; by Ord. 413, 10/9/1996; by Ord. 470, 12/13/2000; by Ord. 471, 2/28/2001; by Ord. 558, 4/27/2011, § 5; by Ord. 564, 8/22/2012, § 16; and by Ord. 586, 11/16/2016]

1. Off-street parking spaces shall be required for all uses related to residential, commercial, industrial and public purposes. Where such spaces are so noted in the requirements for each district, such requirements shall be provided. If a use is proposed and approved for which parking requirements are not specified, the requirements herein shall be utilized. If a use is approved for which no parking requirement is specified, the Township Board of Supervisors, upon recommendation by the Planning Commission, shall prescribe such standards.

2. General Parking Regulations. The following parking regulations under this subsection apply in all zoning districts unless otherwise provided herein:

A. Off-Street Parking.

(1) Off-street parking as set forth below is required for any building or other structure erected, altered or used and any lot used or occupied for any of the following purposes:

Use	Number of Parking Spaces
Athletic field	20 per diamond or athletic field, or 1 per 4 seats, whichever is greater (1 seat is equal to 2 feet of bench length)
Auto sales	1 per 350 square feet of gross floor area
Auto service	3 per bay
Banks or similar financial institution	1 per 250 square feet of gross floor area
Bar or tavern	1 per 50 square feet of gross floor area
Barbershop or beauty parlor	3 per beauty or barber chair
Bed-and-breakfast	1 per guest room and 1 per dwelling unit and 1 per nonresident employee
Beverage or liquor store	1 per 150 square feet of gross floor area
Boardinghouse	1 per each lodging unit
Car wash, full serve	1 per 1,000 square feet of gross floor area
Convenience store	1 per 150 square feet of gross floor area
Day-care center	1 per 4 persons of maximum licensed capacity
Dry cleaning	1 per 300 square feet of gross floor area
Fraternity or sorority	1 per lodging resident member
Funeral home or mortuary	1 per 4 persons of maximum licensed capacity
Furniture store	1 per 500 square feet of gross floor area
Gas station, self-serve	1.5 per fuel dispensing unit
Golf course	100 per 9 holes plus any spaces required for each accessory use such as restaurant, bar, etc.
Golf course, miniature	3 per hole
Golf driving range	1.5 per tee
Health club	1 per 100 square feet of gross floor area
Home occupation	1 per 200 square feet of gross floor area and 2 per dwelling unit
Hospital	2 per bed
Hotel, motel or tourist home	1 per rental unit and 1 per 100 square feet of ancillary floor area
Indoor recreational facility
Bowling alley	3 per lane, plus any spaces required for each accessory use such as restaurant, bar, etc.
Pool/billiards	2 per table, plus any spaces required for each accessory use such as restaurant, bar, etc.
Rifle range	1 per 3 persons, plus any spaces required for each accessory use such as restaurant, bar, etc.
Skating rink	1 per 150 square feet of skating area, plus any spaces required for each accessory use such as restaurant, bar, etc.
Swimming club	1 per 4 persons of total capacity, plus any spaces required for each accessory use such as restaurant, bar, etc.
Tennis and racquet courts	5 per court, plus any spaces required for each accessory use such as restaurant, bar, etc.
Industrial	1 per 400 square feet of gross floor area
Laundromat	1 per 3 washing or drying machines
Library, museum or community center	1 per 300 square feet of gross floor area
Lumberyard	4.5 per 1,000 square feet of gross floor area
Manufacturing	1 per 300 square feet of gross floor area
Medical marijuana dispensary	1 per 200 square feet of gross floor area
Medical marijuana grower/processor	1 per 500 square feet of gross floor area
Monastery or convent	1 per 2 residents
Movie theater	1 per 4 seats or 1 per 100 square feet of gross floor area, whichever is greater
Municipal building	1 per 200 square feet of gross floor area used by the public and 1 per 600 square feet of gross floor area not used by the public
Night club	1 per 2 occupants of maximum licensed capacity
Nonspecified or outdoor retail	1 per 200 square feet of gross floor area
Nursing home, convalescent home, sanitarium or like institutional home	3 per 5 patient beds, plus 1 space for each 2 employees on the largest shift
Nursery or greenhouse
Retail store sales	1 per 100 square feet of retail area for the first 5,000 square feet and 1 per 200 square feet of retail sales above 5,000 square feet
Greenhouse sales area	1 per 1,000 square feet and 1 per 500 square feet above 1,000 square feet
Outdoor sales area	1 per 5,000 square feet
Office
General floor feet	1 per 150 square feet of gross area for the first 50,000 square and 1 per 250 square feet of gross floor area above 50,000 square feet
Medical/Dental	1 per 150 square feet of gross floor area
Park	2 per acre
Personal services and repairing of household items or appliances	1 per 200 square feet of gross floor area
Place of worship per	1 per 3 seats in sanctuary and 1 150 square feet of meeting room and educational floor area
Plumbing and heating	1 per 300 square feet of gross floor area
Post office	4 per 1,000 square feet of gross floor area
Printing and publishing	1 per 300 square feet of gross floor area
Private social club or country club clubhouse	1 per 2 occupants of maximum licensed capacity
Rental of equipment	1 per 200 square feet of gross floor area
Research and development or laboratory	1 per 300 square feet of gross floor area for the first 50,000 square feet and 1 per 400 square feet of gross floor area above 50,000 square feet
Residential	2 per dwelling unit
Elderly housing	1.5 per dwelling unit
Restaurant
Carry-out	1 per 50 square feet of accessible floor area
Fast-food	3 per 100 square feet of gross floor area
Sit-down	1 per 50 square feet of gross floor area
Retail agricultural	1 per 100 square feet of gross floor area, but not less than 5 spaces
Retail store or shop	1 per 100 square feet of gross floor area
School
Day nursery and kindergarten	1 per faculty member and employee plus 2 per classroom
Elementary or junior high school	1 per faculty member and employee plus 1 per 2 classrooms
Senior high school	1 per faculty member and employee plus 1 per 10 students of projected building capacity
College and junior college	1 per faculty member and employee plus 1 per 10 classroom seats or 10 auditorium seats, whichever requires the greater number of off-street parking spaces
Commercial or trade school	1 per faculty member and employee plus 1 per 3 students of projected building capacity
Self-storage facility	1 per 40 storage cubicles, plus 1 per employee to be located at the business office
Shopping center
Less than 10,000 square feet of gross floor area	6.0 per 1,000 square feet of gross floor area
10,001 to 100,000 square feet of gross floor area	5.5 per 1,000 square feet of gross floor area
More than 100,000 square feet of gross floor area	5.0 per 1,000 square feet of gross floor area
Stadium, theater, auditorium, assembly or meeting room or similar place of public or private assembly	1 for every 3 seats of maximum licensed capacity
Studio	1 per 300 square feet of gross floor area
Supermarket	1 per 250 square feet of gross floor area
Truck terminal	1 per 1,000 square feet of gross floor area or 1 per employee, whichever is greater
Veterinarian	1 per 500 square feet of gross floor area
Warehouse	1 per 500 square feet of gross floor area or 1 per 1.5 employees, whichever is greater

(2) Uses not specifically provided for above shall have one parking space for each 250 square feet of floor space devoted to the use or one space per employee on the largest shift, whichever is greater.

(3) Mixed or Multiple Uses. In the case of mixed or multiple uses within a single building or structure, or on a single lot, the amount of off-street parking required shall be determined by the sum of the requirements of the various uses computed separately in accordance with Subsection 2A(1) herein.

3. Reduction of Nonresidential Parking Requirements. The Board of Supervisors, upon the receipt of an off-street parking study prepared by a qualified traffic engineer or transportation planner and the review and recommendations of the Planning Commission and Township Engineer, may grant a conditional reduction of up to 25% of the total number of required off-street parking spaces if the following conditions are satisfied:

A. The off-street parking study demonstrates that:

(1) The minimum number of off-street parking spaces required for the proposed land use is in excess of actual parking needs.

(2) The operating schedules of two or more proposed nonresidential uses are such that a parking lot may be shared by such uses; and that the minimum number of off-street parking spaces required for each such use is in excess of actual parking needs.

B. The off-street parking lot, as indicated on the plan accompanying the application, shall designate an area or areas sufficient to accommodate the total number of required off-street parking spaces. The plan shall illustrate the layout for the total number of off-street parking spaces and the layout with the proposed reserved off-street parking spaces.

C. All off-street parking spaces (permanent and reserved) shall be in compliance with the other requirements of this chapter including, but not limited to, impervious surface ratio, buffer yards and setbacks. Areas which would otherwise be unsuitable for off-street parking spaces due to the physical characteristics of the land shall not be utilized for off-street parking spaces.

D. The parking area or areas proposed to be reserved shall be located and have characteristics so as to provide amenable open space and appropriate landscaping should it be determined that additional off-street parking spaces are not required.

E. If required by the Board of Supervisors, the applicant or owner shall post a performance bond or other securities to cover the expense of a parking study to be undertaken by a registered transportation engineer of the Board's choosing who shall determine the advisability of providing additional off-street parking spaces up to the full off-street parking requirement.

F. Subsequent to the issuance of all occupancy permits, and upon the recommendation of the Zoning Officer or Township Engineer, the Board of Supervisors may request the preparation of a new parking study to determine whether additional off-street parking spaces shall be provided by the applicant or owner. Upon the receipt of recommendations from the transportation engineer, the Township Engineer and the Planning Commission, the Board of Supervisors shall determine whether any additional off-street parking spaces should be provided or if any areas should remain as open space.

G. Land which has been determined and designated by the Board of Supervisors to remain as open space rather than as required off-street parking shall not be used to provide off-street parking spaces for any addition or expansion, but shall remain as open space.

4. Design Standards. In the event that a project does not require subdivision or land development approval, the standards of the Subdivision and Land Development Ordinance [Chapter 22] shall apply.

5. Townhouse Development. An additional off-street parking area may be permitted on a lot on which a townhouse dwelling unit/structure is located as the principal building and shall be excluded from the calculations required under the various maximum-impervious-surface-ratio provisions for the applicable residential zoning classifications, provided that:

A. The total area of the lot is no more than 6,000 square feet.

B. The total area of the parking space shall not exceed 200 square feet.

C. No common parking area owned and/or maintained publicly or by a homeowners association exists within 300 feet of the affected lot.

§ 27-1111 Physical Performance Requirements.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 465, 10/11/2000; and by Ord. 561, 4/25/2012]

1. No land, building, structure or premises in any district shall be used, altered or occupied in a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of rodents or insects, or other substance, condition or element in any manner or amount as to adversely affect the surrounding area. The following shall be applicable to such districts:

[Amended by Ord. No. 611, 8/25/2021]

A. Fire and Explosive Hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate firefighting and fire-suppression equipment and devices as detailed and specified by the Department of Labor and Industry and the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Building Code, the Fire Prevention Code and other applicable ordinances adopted by the Township. Any explosive material shall conform to the requirements of 25 Pa. Code, Chapter 211, Rules and Regulations, Pennsylvania Department of Environmental Protection, for storage, handling and use of explosives.

B. Radioactivity or Electrical Disturbances. There shall be no activities which emit dangerous radioactivity at any point. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance. If any use is proposed which incorporates the use of radioactive material, equipment or supplies, such use shall be in strict conformity with 25 Pa. Code, Chapters 221, 223, 225, and 227, Pennsylvania Department of Environmental Protection, rules and regulations.

C. Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violate the Pennsylvania Air Pollution Control Laws, including the standards set forth in 25 Pa. Code, Chapter 123, "Standards for Contaminants," and Chapter 131, "Ambient Air Quality Standards," Pennsylvania Department of Environmental Protection, Rules and Regulations.

D. Liquid and Solid Wastes. There shall be no discharge at any point into any public or private sewerage system or watercourse or into the ground of any materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of the Commonwealth of Pennsylvania, and specifically Chapters 73, and 95, Title 25, Pennsylvania Department of Environmental Protection, rules and regulations.

E. Light and Glare.

[Amended by Ord. No. 611, 8/25/2021]

(1) All lighting design and glare control shall be in accordance with all Township ordinances and specifications, including § 22-617 of the Subdivision and Land Development Ordinance.

F. Odor. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I (Odor Thresholds in Air), Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.

G. Noise.

(1) The sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands as stated below. The sound-pressure level shall be measured from a sound-level meter and an octave band analyzer that conform to specifications published by the American Standards Association. (American National Standard Specification for Sound Level Meters, S1.4-1971, American National Standards Institute, Inc., New York, New York, and the American Standard Specification for an Octave, Half Octave and Third Octave Band Filter Sets, S1.11-1966, or 1971, American Standards Association, Inc., New York, New York, shall be used.)

(2) Sound-pressure levels shall be measured at the property line upon which the emission occurs. The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows:

Frequency Band (cycles per second)	Maximum Permitted Sound-Pressure Level (decibels)
0 to 150	67
150 to 300	59
300 to 600	52
600 to 1,200	46
1,200 to 2,400	40
2,400 to 4,800	34
Above 4,800	32

(3) If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given above:

Type of Operation or Character of Noise	Correction in Decibels
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m.	3
Noise occurs less than 5% of any 1-hour period	+5
Noise is of periodic character (hum, screams, etc.) or is of impulsive character (hammering, etc.) (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above)	-5

§ 27-1112 Commercial Vehicles; Recreational Vehicles, Utility Trailers or Boats.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 272, 5/11/1988; by Ord. 307, 6/13/1990; by Ord. 340, 11/13/1991; and by Ord. 405, 1/24/1996]

1. General Regulations.

A. Type I commercial vehicles, recreational vehicles or boats may be parked or stored outside in the CR, EP, AR, R-1 or R-2 Districts, subject to the following provisions:

(1) Such parking or storage shall be limited to commercial vehicles, recreational vehicles, trailers or boats owned or operated by an occupant of the lot.

(2) Parking or storage shall be permitted within any building designed for such occupancy, unless such occupancy is prohibited by any other regulation or ordinance.

(3) Outdoor parking or storage shall be permitted only within a side yard or rear yard and only if the commercial vehicle, recreational vehicle or boat is located at least 10 feet from any side yard or rear yard lot line in the EP, CR, AR or R-1 Districts, or seven feet from any side yard or rear yard lot line in the R-2 District.

[Amended Ord. No. 611, 8/25/2021]

(4) Parking of a commercial vehicle, recreational vehicle, trailer or boat shall be permitted anywhere on a lot for the purposes of loading or unloading or the preparation of such vehicle for immediate use.

(5) The wheels of a commercial vehicle, recreational vehicle or trailer shall be blocked or otherwise rendered immobile so as to prevent accidental movement during storage.[1]

[1] Editor's Note: Former Subsection 1B, regarding Type II commercial vehicles, which immediately followed, was repealed Ord. No. 611, 8/25/2021.

2. Prohibitions.

A. No commercial vehicle, recreation vehicle or boat shall be permitted to be parked or stored in any residential district other than those districts referenced in Subsection 1 above.

B. No more than one commercial vehicle or recreational vehicle shall be parked or stored outdoors on any lot. No more than one boat shall be parked or stored outdoors on any lot. In the case of utility trailers, no more than one such trailer shall be parked or stored on any lot.

C. No commercial vehicle, recreational vehicle or boat, while parked or stored on a lot, shall:

(1) Be used for purposes of habitation.

(2) Be used for the storage of goods, materials or equipment other than those items considered to be part of the commercial vehicle, recreational vehicle or boat, or essential for its immediate use.

(3) Be connected to sewer lines, water lines or any power source, except for a temporary connection to a power source for recharging batteries or other use preparation purposes.

(4) Be extended into the right-of-way.

(5) Be within 13 feet of the cartway of the street.

3. Exceptions. The foregoing regulations of this section shall not apply to farm vehicles used for agricultural purposes on the lot where the agricultural use is occurring.

§ 27-1113 (Reserved) [1]

[1] Editor's Note: Former § 27-1113, Removal of Topsoil, was repealed Ord. No. 611, 8/25/2021.

§ 27-1114 Visibility at Intersections.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984]

A minimum clear sight triangle of 75 feet, as measured from the center-line intersections of two streets, shall be provided at all intersections. No physical obstruction, planting, berm or grade shall obscure vision above a height of two feet in such triangle. Each leg of such triangle shall be increased by one foot for each foot of right-of-way greater than 50 feet for either intersecting street.

1. The Township can require any deemed hazard at an intersection that impacts line-of-sight to be removed to ensure clear visibility to pedestrians and motorists.

[Added by Ord. No. 611, 8/25/2021]

§ 27-1115 Storage of Junk Vehicles.

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 558, 4/27/2011, § 6; and by Ord. No. 611, 8/25/2021]

The exterior storage of automotive vehicles, trucks, and motorcycles is prohibited in all residential districts; provided, however, that not more than one temporarily immobilized vehicle may be stored on any residential property at any time, not to exceed one month from the time of receipt of notification by the Zoning Officer. Temporarily immobilized shall constitute vehicles that are not currently registered and/or inspected.

§ 27-1116 Maximum Building and Structure Heights.

[Ord. 160, 4/6/1977; as added by Ord. 210, 5/9/1984; as mended by Ord. 272, 5/11/1988; by Ord. 307, 6/13/1990; by Ord. 343, 12/11/1991; by Ord. 346, 2/26/1992; by Ord. 349, 5/13/1992; by Ord. 411, 9/25/1996; and by Ord. 487, 12/11/2002]

1. The maximum building, structure and tower heights permissible for the specified zoning districts are as follows:

A. Buildings and Structures.

Zoning District	Maximum Building Height (feet)	Maximum Structure Height (feet)
AR	35	70
EP	35	70
CR	35	70
R-1	35	50
R-2	35	50
R-3	40	50
R-5	35	50
C-2	45	60
C-3	45	60
PO	35	60
I-1	45	70
IP	45	70
REC	40	40

B. Towers.

Zoning District	Maximum Telecommunications Tower Height (feet)
I-1	150
IP	150
REC	150

2. For each foot of structure height above the specified maximum building height, front, side and rear yards must equal or exceed the normal required yards to the extent that the structure, if collapsed, would not fall upon or touch an adjacent property line.

3. Guy wire ground anchors required to support any such structure or tower must not be located in any required side, rear or front yard.

§ 27-1117 Residential Outdoor Lighting.

[Ord. 160, 4/6/1977; as added by Ord. 210, 5/9/1984]

Outdoor lighting emanating from a residential source shall be installed in such a way as to be shielded and not reflect toward adjacent properties.

§ 27-1118 Keeping of Livestock.

[Ord. 160, 4/6/1977; as added by Ord. 210, 5/9/1984; and as amended by Ord. 265, 2/24/1988; and by Ord. No. 611, 8/25/2021]

Keeping of livestock for either personal or commercial uses shall be restricted to a farm unit or open space in the AR, CR, and EP Districts. (Note that a "farm unit" is defined as five acres.)

1. The keeping of chickens is permitted in every zoning district subject to the following requirements:

[Added by Ord. No. 617, 2/28/2024]

A. No more than six chickens shall be kept on any property at any time.

(1) If the property exceeds five acres, this limitation does not apply.

B. The keeping of roosters is prohibited.

C. Any commercial use, such as the selling of eggs, is prohibited unless otherwise permitted by the zoning district.

D. Adequate food, shelter, water, and care shall be provided to all chickens at all time.

E. All chickens, chicken coops, and chicken runs must be maintained, housed, and kept in a clean and sanitary condition and in a manner that does not cause a public or private nuisance.

F. Chickens must be confined at all times to a chicken coop or chicken run in accordance with the following and may not roam free off of the property:

(1) Only one chicken coop and one chicken run shall be permitted on the property. The maximum permitted height is eight feet and it shall not exceed 50 square feet in size. Chicken coops and chicken runs must also be set back 10 feet from all property lines. If the property exceeds five acres, this limitation does not apply.

(2) Chicken coops and chicken runs shall be located in the rear yard only.

§ 27-1119 Flag Lots.

[Ord. 160, 4/6/1977; as added by Ord. 237, 8/13/1986; as amended by Ord. 272, 5/11/1988; by Ord. 307, 6/13/1990; by Ord. 415, 1/22/1997; by Ord. 527, 3/22/2008; by Ord. 558, 4/27/2011, § 7; and by Ord. 596, 3/28/2018, §§ 1 — 3]

1. Flag lots, as defined herein, may be permitted within the Agricultural-Residential (AR), Environmental Protection (EP), Country Residential (CR) and Single-Family Residential (R-1 and R-2) Zoning Districts, subject to the conditions specified by this chapter.

2. In all cases, the applicant must demonstrate that the following site conditions exist:

A. No more than two flag lots shall be permitted as a result of the overall subdivision.

B. The proposed design should be in the best interest of the community, considering health, safety and/or general welfare issues.

C. The tract of land represents the total contiguous land area owned by the applicant.

D. The tract of land cannot be properly subdivided due to the presence of certain physical or environmental development constraints associated with the site.

E. The configuration of the proposed lots will not limit the potential for development on adjacent tracts of land in the future.

F. Single-family detached dwellings are the only type of dwelling unit which can be located on a flag lot.

G. The proposed flag lot shall be designed to comply with the provisions specified under Subsection 4.

3. Sketch plan submissions are encouraged for review by the Township staff, consultants, and Township Planning Commission to review in accordance with all pertinent design requirements specified by the Northampton Township Code.

4. The subdivision shall be designed in accordance with the following requirements:

A. The access strip or stem of the flag lot shall be owned fee simple and extended from an existing public street to the interior front lot line.

B. The width of the access strip or stem shall be a minimum of 30 feet. Additional width may be required by Northampton Township in order to overcome problems associated with slope, drainage and/or sedimentation.

C. The maximum length of the access strip or stem shall not exceed 300 linear feet, as measured from the street right-of-way to the interior front lot line.

D. The minimum net lot area requirement for each flag lot shall be calculated utilizing a multiplier of 1.25 that shall be applied to the standard lot area requirement for the zoning district in which the flag lot is located. The area of the access strip or stem shall not be calculated as part of the required lot area for the flag lot.

E. The maximum building coverage requirement and the maximum impervious surface ratio requirement shall be calculated utilizing the lot area excluding the area of the access strip or stem. The impervious surface area of the access strip or stem, however, shall count when calculating impervious surface for the lot.

F. The building setback line for the flag lot shall meet the minimum required setback dimensions for the zoning district in which the flag lot is located. The setback lines shall be established at the flag portion of the lot. The front yard depth or building setback shall be measured from the access strip or stem (extended through the lot) and from the rear property line of any adjacent property. All other setback requirements shall comply with the rear yard setback provisions.

G. The driveway serving one flag lot shall be at least 12 feet in width. All such driveways shall be paved for the entire length.

H. Where permitted, a common driveway serving two flag lots shall comply with the following design requirements:

(1) The common driveway shall be at least 16 feet in width, which shall be equally divided along the lot line separating the flag lots. Where the common driveway divides to serve the individual flag lots, the width of the driveway may be reduced to 12 feet.

(2) All such driveways shall be paved for the entire length.

(3) An ownership and maintenance agreement shall be prepared and recorded as a condition of municipal approval for the subdivision plan. The agreement shall be referenced on the proposed deeds for each residential lot. The contents of the ownership and maintenance agreement shall be subject to the approval of Northampton Township.

(4) A release of responsibility holding Northampton Township harmless for the provision of all municipal services shall be included on the subdivision plan and referenced on the proposed deeds for each residential lot. The notes on the plan and the references contained within the deed shall be subject to the review and approval of Northampton Township.

I. No more than two access strips serving such lots may be located adjacent to each other, and any additional access strip to another such lot shall be separated by a full lot width, as required by the district in which the land is located.

J. All other pertinent design standards and specifications for driveways shall be applied to the design of a driveway serving a flag lot or common driveway serving flag lots, as determined appropriate by Northampton Township.

5. Unless the site conditions change as a result of improved roads and/or the reestablishment of lot frontages, flag lots may not be further subdivided or developed for any other purpose.

§ 27-1120 Special Restrictions in EP Environmental Protection, CR Country Residential, AR Agricultural-Residential and R-1 Single-Family Districts.

[Ord. 160, 4/6/1977; as added by Ord. 272, 5/11/1988; as amended by Ord. 307, 6/13/1990; and by Ord. 438, 7/8/1998]

1. No development shall occur in any of the following areas:

A. Steep slopes, provided that:

(1) No more than 30% of areas containing slopes above 15% and below 25% shall be developed and/or regraded or stripped of vegetation.

(2) No more than 15% of areas containing slopes of 25% or more shall be developed and/or regraded or stripped of vegetation.

B. Within any area of the Floodplain and Flood Hazard District or within 50 feet of the center line of any stream, creek, river or other watercourse, whichever is greater, except as permitted in Part 7.

C. Within any wetlands.

D. Within 100 feet of any wetlands, vegetation (or to the limit of wet or hydric soils, whichever is shorter), lake shoreline or pond shoreline, provided that no more than 20% of such areas may be developed and/or regraded or stripped of vegetation.

E. Within any forest area, provided that no more than 20% of such areas may be developed and/or regraded or stripped of vegetation.

§ 27-1121 Municipal Uses.

[Ord. 160, 4/6/1977; as added by Ord. 289, 5/10/1989; and as amended by Ord. 409, 8/14/1996]

1. The minimum area and development regulations for municipal uses shall be as follows:

A. Water and sewer systems, including wells, pump houses, standpipes and ancillary structures.

(1) Minimum lot area: 20,000 square feet.

(2) Minimum lot width at building line: 100 feet.

(3) Maximum building coverage: 15%.

(4) Minimum yards.

(a) Front: 50 feet.

(b) Side, minimum: 20 feet; total: 45 feet.

(c) Rear: 50 feet.

(5) Maximum impervious surface ratio: 20%.

B. Township buildings, recreation buildings, sewer treatment plants, emergency services facilities or other municipal uses not specified herein shall comply with the following minimum area and development regulations:

(1) REC Recreation District.

(a) Minimum lot area: 80,000 square feet.

(b) Minimum lot width at building line: 200 feet.

(c) Maximum building coverage: 10%.

(d) Minimum yards.

1) Front: 50 feet.

2) Side, each: 30 feet.

3) Rear: 50 feet.

(2) In all other districts, the above uses shall comply with the minimum area and development regulations of the applicable zoning district.

C. There shall be no minimum area and development regulations for detention basins or retention basins.

§ 27-1122 (Reserved) [1]

[1] Editor's Note: Former § 27-1122, Special Events, Ord. 160, 4/6/1977; as added by Ord. 341, 11/13/1991, was repealed by Ord. No. 617, 2/28/2024. See now Ch. 13, Licenses, Permits and General Business Regulations, Part 4, Special Events.

§ 27-1123 Wireless Communications Facilities.

[Ord. 160, 4/6/1977; as added by Ord. 411, 9/26/1996; and as amended by Ord. 487, 12/11/2002; and by Ord. 565, 2/27/2013, §§ IV — XI]

1. General Requirements for All Tower-Based Wireless Communications Facilities. The following regulations shall apply to all tower-based wireless communications facilities:

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

B. Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).

C. Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.

D. Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

E. Maintenance. The following maintenance requirements shall apply:

(1) Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(2) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

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

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

G. Historic Buildings or Districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township as being of historic significance.

H. Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.

I. Lighting. Tower-based WCF shall not be artificially lighted, except as required by law and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations.

J. Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

K. Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under State law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

L. Aviation Safety. Tower-based WCFs shall comply with all Federal and State laws and regulations concerning aviation safety.

M. Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

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

O. Nonconforming Uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this chapter.

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

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

(2) If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

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

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

2. Tower-Based Facilities Outside the Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

A. Development Regulations.

(1) Prohibited in Residential Zones. No tower-based WCF shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary. Tower-based WCFs are permitted only in such districts as specified in §§ 27-602 and 27-1116.

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

(3) Sole Use on a Lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

(4) Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

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

(b) Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

(c) Minimum Setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary.

B. Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

C. Co-Location. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

D. Design Regulations.

(1) The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(2) Any height extensions to an existing tower-based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.

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

E. Surrounding Environs.

(1) The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

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

F. Fence/Screen.

(1) A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

(2) An evergreen screen that consists of a hedge, or a row of evergreen trees shall be located along the perimeter of the security fence.

(3) The WCF applicant shall submit a landscape plan for review and approval by the Township Planning Commission for all proposed screening.

G. Accessory Equipment.

(1) Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground mounted equipment shall be screened from public view using stealth technologies, as described above.

(2) All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

H. Additional Antennae. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.

I. Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

J. Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW 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 $100,000 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 the bond with the Township.

K. Visual or Land Use Impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

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

3. Tower-Based Facilities in the Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

A. Prohibited in Residential Zones. No tower-based WCF shall be located within a residential zone or within 500 feet of a lot in residential use or a residential district boundary. Tower-based WCFs are only permitted in such districts as specified in §§ 27-602 and 27-1116.

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

C. Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the property or parcel of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

D. Co-Location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

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

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

(1) In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

(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 the screened to blend in with the surrounding area to the satisfaction of the Township.

(4) Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(5) Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

G. Design Regulations.

(1) The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(2) Any height extensions to an existing tower-based WCF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WCF to more than 150 feet. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.

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

H. Visual or Land Use Impact. The Township reserves the right to deny the construction or placement of any tower-based WCF in the ROW based upon visual and/or land use impact.

I. Additional Antennae. As a condition of approval for all tower-based WCFs in the ROW, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.

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

(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.

K. Compensation for ROW Use. In addition to permit fees as described in Subsection 1O, above, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.

L. Bond. Prior to the issuance of a permit, the owner of a tower-based WCF in the ROW 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 $100,000 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.

4. General Requirements for All Non-Tower Wireless Communications Facilities.

A. The following regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

(1) Permitted in All Zones Subject to Regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

(2) Upon receipt of an application for any non-tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

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

(4) Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).

(5) Public Safety Communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(6) Aviation Safety. Non-tower WCFs shall comply with all Federal and State laws and regulations concerning aviation safety.

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

(8) Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a) All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.

(b) If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(9) Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

(10) 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 WCF or $1,000, whichever is less.

B. The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:

(1) Permitted in All Zones Subject to Regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

(2) Upon receipt of an application for any non-tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

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

(4) Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).

(5) Public Safety Communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(6) Historic Buildings. Non-tower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts lists maintained by the Township, or has been designated by the Township as being of historic significance.

(7) Aviation Safety. Non-tower WCFs shall comply with all Federal and State laws and regulations concerning aviation safety.

(8) Maintenance. The following maintenance requirements shall apply:

(a) The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

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

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

(10) Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a) All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.

(b) If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(11) Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

(12) Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(13) Bond. Prior to the issuance of a permit, the owner of each individual non-tower WCF 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 for each individual non-tower WCF, 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.

(14) 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 WCF, as well as related inspection, monitoring and related costs.

5. Non-Tower Wireless Facilities Outside the Rights-of-Way. The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:

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

(1) Such WCF does not exceed a maximum height of 150 feet.

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

(3) A six-foot high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

B. Design Regulations.

(1) Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(2) Non-tower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use permit.

(3) All non-tower WCF 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) Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

(5) Noncommercial Usage Exemption. The design regulations enumerated in this paragraph shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.

C. Removal, Replacement, Modification.

(1) The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennae.

(2) Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

D. Visual or Land Use Impact. The Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

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

6. Non-Tower Wireless Facilities in the Rights-of-Way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:

A. Co-Location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

B. Design Requirements.

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

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

C. Compensation for ROW Use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.

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 WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

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

(1) In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

(2) Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment 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 the screened to blend in with the surrounding area to the satisfaction of the Township.

(4) Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(5) Any underground vaults related to non-tower WCFs 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 WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(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 WCF based upon visual and/or land use impact.

7. Violations Applicable to All Wireless Facilities.

A. Penalties. Any person violating any provision of this section shall be subject, upon finding by a magisterial district judge, to a penalty not exceeding $500, for each and every offense, together with attorneys fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this chapter.

B. Determination of Violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefore. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this section and/or Federal and/or Pennsylvania law and regulations.

8. Miscellaneous.

A. Police Powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable Federal, State and local laws and regulations.

§ 27-1124 Forestry.

[Ord. 160, 4/6/1977; as added by Ord. 438, 7/8/1998]

1. Forestry may be permitted in certain districts, subject to the following conditions:

A. Clear-cutting of all vegetation shall not exceed areas of more than five acres or more than 20% of the forest, whichever is less, on an annual basis except where pursuant to a State forestry cutting program.

B. A reforestation and maintenance program prepared by either a professional forester or arborist shall be submitted which shall include a program for reestablishment of the forest or wooded area on a sustained yield basis.

C. For commercial uses, a long-range cutting program to ensure that the forest is retained as an entity during the entire program. Such a program shall indicate the condition of the forest on a map showing:

(1) Adjoining lands and neighbors.

(2) The existing amount of forested or wooded lands on the site prior to the commencement of forestry operations.

(3) The year of each cutting and reforestation.

(4) Species of trees in reforestation.

D. For clearing purposes, the proposed future use must be stated, if any is identified.

E. All plans shall show how the general habitat and visual block of the forest is to be maintained so that the forest retains its visual and habitat qualities at all stages of the long-range cutting plan.

F. A performance bond or other financial security in an amount and form approved by the Board of Supervisors shall be posted to ensure reforestation.

G. A signed agreement shall be recorded with the provision that no cutting or clearing shall be considered to reduce the area of forest for any development, proposed or not, pursuant to the provisions of this chapter.

H. The review and approval of the reforestation and maintenance program, including a soil sedimentation and erosion control plan, by the Bucks County Conservation District and the Pennsylvania Department of Environmental Protection shall be required.

§ 27-1125 Village Overlay District.

[Ord. 160, 4/6/1977; Ord. 535, 12/17/2008, § 5; Ord. 591, 5/24/2017; Ord. No. 623, 2/26/2025]

1. The Village Overlay District shall be a special overlay to the underlying zoning districts within Northampton Township. The purpose and objectives of this special overlay district are outlined as follows:

A. To improve the aesthetics, architectural appearance, commercial centers, and streetscape design within defined areas within Northampton Township.

B. To establish uniform design standards to be referenced as the "Village Overlay Design Standards," which reflect the overall community vision.

C. To require uniform streetscape improvements and site enhancement measures such as street trees, streetlights, curbing, sidewalks, pedestrian crosswalks, architecture, controlled signage, traffic calming measures and gateway planning in accordance with the village overlay design standards.

D. To improve the modes of transportation by enabling automobile, pedestrian and bicycle traffic to coexist in a planned and harmonious community.

E. To retain and expand existing businesses to preserve a sound tax base and provide employment opportunities.

F. To encourage adaptive reuse and redevelopment opportunities.

G. To provide incentive-minded parameters to attract or expand desirable uses.

H. To provide an expedited review process in order to achieve the overall purpose and objective of the Village Overlay District as well as to provide incentives for land owners and the private development community.

I. To implement the recommendations for land use planning, economic development and transportation, which are contained within the Northampton Township Comprehensive Plan.

2. The Village Overlay District shall be defined as specific areas delineated as an overlay zone on the Northampton Township Zoning Map.

3. All applications for subdivision and/or land development activity must develop under the Village Overlay District requirements and utilize the design criteria specified by the Village Overlay District. Compliance must be met with all ordinance provisions including those that are specified under § 27-1125 as well as § 22-619 and Appendix 22-A of the Subdivision and Land Development Ordinance [Chapter 22].

4. The land uses and development criteria established under the Village Overlay District shall be permitted, provided that all of the following provisions are addressed:

A. All uses shall be serviced by public sewage disposal facilities and public water supply facilities.

B. Unless otherwise permitted or specified by this chapter, only one principal use shall be permitted per lot, which complies with the minimum and maximum dimensional requirements established under this section.

C. A combination of uses may be permitted, provided that each of the principal uses are either:

(1) Located on a separate lot meeting the land use and development provisions of this chapter.

(2) Located within a common building containing more than one principal use, which may be individually owned by a person, partnership, corporation, or other legal entity, and leased to other tenants to occupy as a permitted use. The common building shall be located on a separate lot meeting the provisions of this chapter.

(3) Located within a common building or separate buildings containing more than one principal use, which may be owned by more than one person, partnership, corporation, or other legal entity, as form of condominium ownership. The building or buildings along with internal vertical or horizontal division of space, common facilities, utility provisions and supplemental maintenance agreements shall be subject to the approval of the Board of Supervisors.

D. Telecommunication facilities shall not be permitted as a principal or subordinate use within the Village Overlay District. Collocation with existing telecommunication facilities shall be permitted by conditional use.

E. All permitted uses shall be planned and designed to meet the community development objectives of the Village Overlay District. All such permitted uses shall not be considered as a detriment to the health, safety or general welfare of the community.

5. The following minimum and maximum dimensional requirements shall be utilized as guidelines for lots, which are intended and designed to occupy uses within the Village Overlay District:

A. The minimum net lot area shall be 15,000 square feet, whether it is for one individual use on a lot or multiple permitted uses within a building on a lot.

B. The minimum lot width shall be 75 feet per lot.

C. The front yard setback shall be at least 20 feet, as measured from the legal right-of-way line.

D. The front yard setback shall be no more than 40 feet, as measured from the legal right-of-way line.

E. The side yard setback shall be 10 feet for each side.

F. The rear yard setback shall be 20 feet.

G. The maximum height of the buildings shall be 45 feet.

H. The maximum building coverage shall be 50% of the approved lot.

I. The maximum lot coverage shall be 70% of the approved lot.

6. All construction and associated activity in the Village Overlay District shall be in accordance with § 22-619 of the Subdivision and Land Development Chapter, Village Overlay District Design Requirements, including Appendix 22-A, which is incorporated herein.

7. Blighted Waterfront Redevelopment Area.

A. The purpose of the Blighted Waterfront Redevelopment Area is to advance the purpose and objectives of the Village Overlay District. In addition to the purpose and objectives outlined in § 27-1125, Subsection 1, the Blighted Waterfront Redevelopment Area shall also be in accordance with the following:

(1) Redevelop blighted properties to promote economic development, provide varied residential housing options, increase property values, and improve the visual aesthetics of the district;

(2) Promote key Township environmental features such as Mill Creek for future generations;

(3) Protect locally historic structures through integrated and compatible redevelopment.

B. Eligibility. Parcels incorporated into the Blighted Waterfront Redevelopment Area are identified on Appendix A.[1]

[1] Editor’s Note: Said appendix is on file in the Township offices.

C. All applications must comply with § 27-1125, Subsections 1 through 6, of the Northampton Township Zoning Ordinance except as identified below given the unique environmental characteristics and topography:

(1) If a locally historic structure is preserved by the Board of Supervisors per the terms of the land development agreement, multiple buildings and uses are permitted pursuant to § 27-1125, Subsection 4C(3).

(a) Permitted uses include those uses identified in §§ 27-502, Subsection 2A, and 27-407, Subsection 1A(1) and B(2), and shall be by-right in the Blighted Waterfront Redevelopment Area.

(b) Side yard setbacks can be reduced to 0 feet.

(c) Parking can be reduced by 25% subject to a shared parking agreement as approved by the Board of Supervisors per the terms of the land development agreement. Garages can be counted to meet parking requirements.

(d) Maximum average building height: 55 feet.

(e) The applicant shall submit a landscaping and buffering plan for review that fits with the unique site and environmental characteristics of a mixed-use development. The requirements of § 27-1103 shall not apply in the Blighted Waterfront Redevelopment Area.

§ 27-1126 Alternative and Emerging Energy Facilities.

[Ord. 160, 4/6/1977; as added by Ord. 551, 7/28/2010, § 1]

1. Purpose and Objective.

A. Northampton Township seeks to provide opportunities for alternative and emerging energy facilities while regulating the use of potentially intrusive facilities, equipment and machinery.

B. The purpose of this section is to establish provisions for the design, permitting, construction and operation of alternative and emerging energy facilities within Northampton Township, subject to reasonable conditions that will protect the public health, safety and/or general welfare of the community.

2. Definitions Relative to this section.

A. Alternative Energy. A source of energy generated from solar, water, wind, geothermal or similar sources, which is capable of providing energy and utility provisions to a permitted use.

B. Alternative Energy Facility. A private facility capable of converting solar, water and/or wind into a viable energy source and utility provisions for a permitted use. Such facilities may include solar panels, wind turbines, geothermal systems and/or other similar alternative energy facilities.

C. Applicant. A person or entity filing an application under this section.

D. Attached Alternative Energy Facility. A facility that is physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building in accordance with all pertinent zoning, utility and building code requirements.

E. Emerging Energy. A source of energy generated from a renewable or green technology source, other than solar, water, wind or geothermal sources, which is capable of providing energy and utility provisions to a permitted use.

F. Emerging Energy Facility. A private facility capable of converting renewable or green technology energy sources into a viable energy source and utility provisions for a permitted use.

G. Facility Owner. The entity or entities having an interest in the alternative and/or emerging energy facility, including their successors and assigns.

H. Freestanding Alternative Energy Facility. A facility that is not physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building. All such facilities shall be considered a separate or accessory structure that has the abilities to convert and convey energy to the principal use in accordance with all pertinent zoning, utility and building code requirements.

I. Hub Height. The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade or other accessory components are attached.

J. Landowner. Any person(s) or entity owning property within Northampton Township.

K. Nonparticipating Landowner. Any landowner except those on whose property all or a portion of an alternative and/or emerging energy facility is located pursuant to the provisions of this chapter.

L. Operator. The entity responsible for the day-to-day operation and maintenance of the alternative and/or emerging energy facility.

M. Occupied Building. A building located on a parcel of land utilized as a permitted use in accordance with the provisions of Northampton Township.

N. Private Energy and Utility Provider. A principal use owned, operated and/or maintained by a private or independent utility company for the purposes of providing energy within a defined service area or grid system in accordance with the provisions established by the Public Utility Commission and the Public Utility Code.

O. Turbine Height. The distance measured from the surface of the tower foundation to the lowest and/or highest point of the turbine rotor plane.

P. Wind Turbine. A wind energy conversion system that converts wind energy into electricity through the use of a generator, which may include a nacelle, rotor, tower, transformer pad, blades, spirals, helixes and/or and the supporting energy apparatus.

Q. Wind Energy Facility. An electric generating facility, whose main purpose is to convert and supply electricity to a permitted use. Such facilities may include wind turbines, blades, spirals, helixes and/or other accessory wind generating structures, which may also include buildings, substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

R. Wood-Fired Boiler. An alternative energy facility designed to burn wood or other organic fuels, which transfers heated air or liquid through a piping or ventilation system to a principal use. All such systems are generally contained within an accessory structure that is not intended for habitation by humans or animals. An out-door wood-fired boiler may also be known as outdoor wood-fired furnaces, outdoor wood-burning appliances, outdoor hydraulic heaters and/or hot water stoves. All such facilities shall be prohibited as an alternative or emerging energy facility.

3. Applicability and Permitted Uses.

A. This section shall apply to all alternative and emerging facilities that are proposed to be constructed after the effective date of this section.

B. Alternative and/or emerging energy facilities constructed prior to the effective date of this section shall not be required to meet the requirements specified under this section. Any physical modification to an existing alternative or emerging energy facility that alters the size, type and generating capacities of the facilities shall require a permit and shall comply with the applicable provisions specified under this section.

C. Alternative and/or emerging energy facilities may be considered as an accessory use within all zoning districts, provided that the principal use is a permitted use or conforming use within the zoning district on which the alternative and/or emerging energy facility is located.

D. Alternative and/or emerging energy facilities may be utilized as the primary energy source by the principal use of the lot on which it is located. Surplus energy may be exchanged, transferred and/or sold to a public or private utility company, provided that such surplus energy is exchanged, transferred and/or sold in accordance with the provisions established by the Public Utility Commission and Public Utility Code, 66 Pa.C.S.A. § 101 et seq.

E. Private energy and utility providers, as defined under Subsection 2, shall comply with all provisions established by the Public Utility Commission and the Public Utility Code, 66 Pa.C.S.A. § 101 et seq.

4. Land Use and Dimensional Requirements.

A. The following provisions shall specifically apply to wind turbines or wind energy facilities:

(1) Wind turbines or wind energy facilities shall be permitted by special exception provided that such facilities are located on a lot with a permitted use in accordance with the applicable provisions of this chapter.

(2) Wind turbines or wind energy facilities that are designed and permitted as an attached alternative energy facility shall comply with the height requirements specified by this chapter.

(3) Wind turbines or wind energy facilities that are designed and permitted as a freestanding alternative energy facility shall be setback more than one and one-tenths times the turbine height. The required setback distance shall be measured from the center of the wind turbine base to the nearest point of the occupied building.

(4) All wind turbines or wind energy facilities shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.

(5) All wind turbines or wind energy facilities shall be set back from all occupied buildings located on a nonparticipating landowner's property a distance of not less than five times the turbine height, as measured from the center of the wind turbine base to the nearest point of the occupied building(s).

(6) All wind turbines or wind energy facilities shall be setback from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or one and one-tenth times the turbine height, whichever is greater. The required setback distance shall be measured from the center of the wind turbine base to the property line.

(7) All wind turbines or wind energy facilities shall be setback from the nearest public road a distance of not less than one and one-tenth times the turbine height, as measured from the center of the wind turbine base to the right-of-way line of the nearest public road.

(8) All wind turbines or wind energy facilities shall be located behind the front facade of the building occupying the permitted use. No wind turbine shall be permitted in the front yard of the lot on which it is located.

(9) The minimum height of a wind turbine shall be 15 feet, as measured from the ground surface to the tip of the blade at its lowest turning movement.

(10) The maximum height of a wind turbine shall be 50 feet, as measured from the ground surface to the tip of the blade at its highest turning movement.

(11) A nonparticipating landowner shall not intentionally block, interfere or disrupt the functional operation from an existing wind resource to an alternative energy facility. If such action or event should occur, the matter shall be resolved as a civil dispute between the landowners and Northampton Township shall not be held responsible.

B. The following provisions shall specifically apply to solar energy systems:

(1) Solar energy systems shall be permitted by right provided that such facilities are located on a lot with a permitted use in accordance with the applicable provisions of this chapter.

(2) Solar energy systems designed and permitted as an attached alternative energy facility provided that all structural components of the solar energy system do not exceed the permitted building height requirements of the zoning district on which it is located. The building height shall be measured from the average ground elevation of the building to the average height of the solar panel(s) or other structural components of the solar energy facilities.

(3) Solar energy systems designed and permitted as a freestanding alternative energy facility shall be located at least 15 feet from a property line and shall not exceed 15 feet in height, as measured from the ground surface to the highest extended point of the structure. All such solar energy systems shall comply with the building and lot coverage requirements of the zoning district on which it is located.

(4) Solar energy systems shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.

(5) Solar energy systems shall be located behind the front facade of the building occupying the permitted use. No solar energy system shall be permitted in the front yard of the lot on which it is located.

(6) A nonparticipating landowner shall not intentionally block, interfere or disrupt the functional operation of an existing solar energy system. If such action or event should occur, the matter shall be resolved as a civil dispute between the landowners and Northampton Township shall not be held responsible.

(7) Solar energy panels shall be designed and located in order to minimize glare towards an occupied residential use.

C. The following provisions shall specifically apply to geothermal energy systems:

(1) Geothermal energy systems shall be permitted by right provided that such facilities are located on a lot with a permitted use in accordance with the applicable provisions of this chapter.

(2) Geothermal energy systems shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.

(3) Geothermal energy systems may be located on a lot with a permitted use provided that all structural components comply with the building setback requirements and lot coverage requirements of the zoning district on which it is located.

(4) A nonparticipating landowner shall not intentionally block, interfere or disrupt the functional operation of a geothermal system. If such action or event should occur, the matter shall be resolved as a civil dispute between the landowners and Northampton Township shall not be held responsible.

D. The following provisions shall specifically apply to emerging energy facilities:

(1) Emerging energy systems shall be permitted by special exception provided that such facilities are located on a lot with a permitted use in accordance with the applicable provisions of this chapter.

(2) Emerging energy systems may be located on or attached to an occupied building provided that the structural components of the emerging energy facilities do not exceed the permitted building height requirements of the zoning district to which it is located.

(3) Emerging energy systems may be located on a lot with a permitted use provided that all structural components comply with the building setback requirements and lot coverage requirements of the zoning district on which it is located.

(4) Emerging energy systems may be located on a lot provided that it is located, designed and installed considering the health, safety and general welfare of the adjacent property owners. As part of the special exception application, the Zoning Hearing Board may attach reasonable conditions and safeguards.

E. Wood-fired boilers, as defined under Subsection 2, shall be prohibited as an alternative or emerging energy facility serving any permitted use.

F. The following renewable energy resource protection provisions shall apply to alternative or renewable energy resource protection:

(1) The landowner shall provide documentation of the land and airspace on his property, which must remain open to assure adequate solar access, water and/or wind to the renewable energy system. All such documentation shall be considered as part of the permit application or special exception application.

(2) As part of the permit application, the landowner shall notify the Zoning Officer that the alternative or renewable resource system has been installed. The landowner shall also provide the Zoning Officer with any other permits that have been obtained from agencies with jurisdiction in order to locate the alternative or renewable energy resource system on his property.

G. The following setback modifications may be considered for alternative and/or emerging energy facilities as part of a zoning variance application:

(1) A landowner may obtain a modification of the setback requirements specified under Subsection 4A (occupied buildings on nonparticipating landowner's property) by having a modification agreement executed between both parties, which sets forth the applicable setback provision(s) and the proposed changes.

(2) The written modification agreement shall notify the property owner(s) of the setback required by this section, describe how the proposed alternative and emerging energy facility is not in compliance, and testify that consent is granted for the alternative or emerging energy facility to not be set back as required by this section.

(3) Any such modification agreement shall be recorded in the Bucks County Recorder of Deeds Office. The modification agreement shall describe the properties benefitted and burdened, and inform all subsequent purchasers that the modified setback shall run with the land and may forever burden the subject property.

(4) Any modification pertaining to the dimensional setback requirements from public roads or street rights-of-way shall not be considered as part of any application.

(5) Any modification pertaining to the dimensional setback requirements from an adjacent property owner shall not be considered as part of any application.

H. The following provisions shall apply to noise, shadow flickering and/or interference involving alternative and/or emerging energy facilities:

(1) Audible sound from any alternative and/or emerging energy facility shall not exceed 55 dBA, as measured at the applicant's property line. Northampton Township has the right to inspect, measure and record sound levels at the applicant's expense.

(2) The applicant shall make reasonable efforts to minimize shadow flicker at the property line.

(3) The applicant shall not disrupt radio, telephone, television or similar communication signals, and shall mitigate any harm caused by the alternative and/or emerging energy system.

5. Permit and Special Exception Application Requirements.

A. No alternative or emerging energy facility shall be located, modified or constructed within Northampton Township unless a permit has been issued to the landowner in accordance with the provisions of this section.

B. The permit application and special exception application shall be accompanied with a fee in the amount specified by Northampton Township.

C. The permit application and special exception application shall demonstrate that the alternative or emerging energy facility will comply with the provisions contained under this section. The following specific items shall be provided by the applicant:

(1) A complete narrative describing the proposed alternative or emerging energy facility, which shall include: a project overview; the project location; the number of the alternative or emerging energy facilities; the area and height of the alternative or emerging energy facilities; the initial and potential generating capacities; the facility dimensions; and the manufacturer's specifications.

(2) An affidavit or similar evidence of agreement between the landowner and the facility owner/operator demonstrating that the facility owner/operator has the capabilities and permission of the landowner to apply for necessary permits for construction and operation of the alternative or emerging energy facility.

(3) The properties within 500 feet on which the proposed alternative or emerging energy facility will be located.

(4) A site plan showing the boundary lines of the property occupied by the alternative or emerging energy facility and the properties within 500 feet on which the proposed alternative or emerging energy facility will be located. The site plan shall also include: topographical and natural features; the planned location of the alternative or emerging energy facilities; the building setback lines; the access road and turnout locations; building and structures; and all public utilities.

(5) The existing and projected annual energy needs of the permitted use that will benefit from the alternative or emerging energy facility, including the amount of surplus energy that will be exchanged, transferred and/or sold to a public or private utility company.

(6) Documents related to the potential abandonment and/or decommissioning of the alternative or emerging energy facilities.

(7) Other relevant studies, reports, certifications and approvals as may be reasonably requested by Northampton Township to ensure compliance with this section.

D. As part of the permit or special exception application, Northampton Township may attach reasonable conditions and safeguards in order to consider the health, safety and general welfare of the applicant and the adjacent property owners.

E. The following provisions shall apply to emergency service requirements for an alternative or emerging energy facility:

(1) The applicant shall provide a copy of the permit application to the local emergency response providers (police, fire and ambulance) of Northampton Township.

(2) If required by the Zoning Officer, the applicant in conjunction with the emergency service providers shall establish an emergency response plan for the alternative or emerging energy facility.

F. Pursuant to the time limitations specified for a permit application, Northampton Township will determine whether the application is administratively complete and advice the applicant accordingly.

G. Pursuant to the time limitations specified by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., and the State-wide Building Code [Chapter 5, Part 1], Northampton Township shall consider the permit or special exception application. The applicant may be afforded an opportunity to present the project to the designated municipal officials, as well as answer questions about the project.

H. Throughout the permit process, the applicant shall promptly notify Northampton Township of any changes to the information contained in the permit or special exception application.

6. Design, Transport and Installation Requirements.

A. The design of the alternative or emerging energy facility shall conform to applicable industry standards, including those of the American National Standards Institute, the Uniform Construction Code [Chapter 5, Part 1], and/or other pertinent codes adopted by Northampton Township.

B. Unless otherwise required by Northampton Township, the following provisions shall apply to the use of public roads involving the transport of alternative and/or emerging energy facilities.

(1) The applicant shall identify all state and local public roads to be used within Northampton Township to transport equipment and parts for construction, operation or maintenance of the alternative and/or emerging energy facility.

(2) The Northampton Township Engineer shall inspect and document the condition of all roads prior to construction and 30 days after the construction has been completed or as weather permits. The applicant shall be responsible for the payment of all fees associated with the inspections conducted by the Northampton Township Engineer.

(3) Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense to the satisfaction of the Northampton Township Engineer.

(4) Northampton Township may require the applicant to post a bond for any required repairs or maintenance to public roads.

C. All wind turbines and wind energy facilities shall be equipped with a redundant braking system, which shall include both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.

D. Above-ground alternative and emerging energy facilities shall be clear-coated, transparent, and/or be designed with a non-obtrusive color such as white, off-white, gray or black. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

E. Above-ground alternative and emerging facilities shall not display advertising, except for reasonable identification of the manufacturer.

F. On-site transmission and power lines between an alternative or emerging energy facility shall be placed underground.

G. Clearly visible warning signs concerning voltage must be placed at the base of all above-ground transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

H. Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

I. Above-ground alternative and emerging energy facilities shall not be combined with other support towers or accessory structural components that are devoted to or utilized by public or private utilities.

7. Liability and Insurance Requirements.

A. The landowner and the operator shall be responsible for repairing any excess damage to public or private roads caused by the alternative and emerging energy facility.

B. Unless otherwise required by Northampton Township, the landowner shall maintain a general liability policy covering bodily injury and property damage with a minimal limit of at least $1 million per occurrence and a minimum of $1 million in the aggregate. Certificates shall be made available to Northampton Township upon request.

8. Decommissioning.

A. The landowner or facility operator shall, at its expense, complete decommissioning of the alternative or emerging energy facility within 12 months after the end of the useful life of the alternative and emerging system. The alternative or emerging energy system will presume to be at the end of its useful life if no energy is generated for a continuous period of 12 months.

B. The removal of the above-ground alternative or emerging energy facility components shall be completed within 12 months of decommissioning of the alternative or emerging energy system. All disturbed earth shall be re-stored, graded and re-seeded.

C. Unless otherwise required by Northampton Township, the landowner shall be responsible for the following financial and inspection provisions as part of the decommissioning efforts:

(1) The landowner or facility operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or a lending institution approved by Northampton Township.

(2) An independent and certified professional engineer may be retained by Northampton Township to inspect the decommissioning of the alternative and emerging facilities. All such inspection fees shall be paid by the applicant or landowner.

(3) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable by Northampton Township.

(4) Northampton Township may release the decommissioning funds when the landowner or facility operator has satisfactorily demonstrated compliance with the decommissioning plan.

D. If the landowner or facility operator fails to complete decommissioning during the prescribed period of 12 months, Northampton Township may take such measures as necessary to complete decommissioning in accordance with the laws of Northampton Township and the Commonwealth of Pennsylvania.

9. Public Inquiries, Inspections, Violations and Remedies.

A. The landowner and the facility operator shall provide Northampton Township with a telephone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the alternative or emerging energy facility.

B. The landowner and the facility operator shall consult with a qualified inspector every 12 months to determine if the alternative and emerging energy facility is operating in accordance with the specifications of the manufacturer.

C. It shall be unlawful for any landowner, person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this section. If Northampton Township determines that a violation has occurred, a notice of violation shall be issued to the landowner and/or facility operator in accordance with the laws specified by Northampton Township and Commonwealth of Pennsylvania.

§ 27-1127 Impervious Surface and Stormwater Management.

[Added by Ord. No. 611, 8/25/2021]

In all residential zoning districts, an additional 5% of impervious surface coverage is allowed over the maximum permitted for said district subject to the installation of a stormwater management system approved by the Township Engineer accounting for the additional impervious surface coverage. If applicable, compliance with the stormwater management ordinance must also be met. The Township reserves the right to inspect and/or require self-reporting to ensure the adequacy of the stormwater management system.