Township of Marshall, PA ARTICLE 400 Use Specific Regulations

§ 208-400 Unlisted uses.

A. If a use is clearly not provided for in this chapter, then the proposed use shall be considered a conditional use in the PIP district only subject to the requirements of § 208-804.

B. In order to obtain a conditional use under this section, the applicant bears the burden of establishing the following to the satisfaction of the Board:

1. The impact of the use on the environment and adjacent streets is equal to or less than any use specifically permitted as a permitted or conditional use on properties adjacent to the proposed use.

2. In determining the impact on the environment and adjacent properties, the Board shall consider such development characteristics such as the number of employees, the floor area of the proposed building devoted to the proposed use, the type of products involved, the materials, equipment or services involved, the magnitude of walk-in trade, traffic generation, parking demand, environmental impacts, and any other information that the Board determines will aid in determining the impact of the proposed use.

3. The proposed use complies with all express standards and criteria applicable to the use most similar to the proposed use. The proposed use complies with all performance standards contained in this chapter.

C. Prior to the public hearing before the Board, the applicant shall submit all studies, documents and testimony which the applicant wishes to be considered in connection with the conditional use application for review and recommendation by the Planning Commission.

D. When granting a conditional use pursuant to this section, the Board may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter and the Chapter 174, Subdivision and Land Development, of this Code.

§ 208-401 Accessory uses.

A. Criteria for all accessory uses/structures.

1. Accessory uses or structures are permitted in any zoning district in connection with any principal use lawfully existing within such zoning district. No accessory use or accessory structure shall be established or constructed until the primary use or structure is constructed, unless evidence of compliance of such use or structure shall have first been determined.

2. Accessory uses are those uses customarily incidental to principal uses.

3. If an accessory structure or building is attached to the principal structure, then it shall be considered part of the principal structure and shall be subject to all requirements relating to the principal structure.

4. Unless otherwise specified, detached accessory structures shall maintain a separation of at least 10 feet from the principal structure, and such detached accessory structures shall not exceed 50% of the gross square footage footprint of the principal structure or 1,000 square feet, whichever is less.

5. Location of accessory structures and uses.

(a) Accessory structures and uses, with the exception of authorized signs and fences, shall not be located in the required front yard of any lot in any zoning district unless otherwise specified. Accessory structures shall not be erected and accessory uses may not be conducted within accessory structures which have been erected, altered, enlarged, or maintained in required front yards, unless otherwise permitted.

(b) The location of permitted nonresidential accessory structures is governed by the same dimensional regulations as set forth for the principal use or principal structure or structures.

(c) Accessory structures/uses within residential districts shall be set back a minimum of five feet from any side or rear property line except were specifically authorized elsewhere in this chapter or in the specific area and bulk regulations of the zoning district in which the property is located. However, any building over 400 square feet shall be set back a minimum of 15 feet from side or rear property lines.

(d) Accessory uses within residential districts exceeding 15 feet in building height shall be set back an additional five feet for every one foot above 15 feet up to the minimum side or rear yard setback requirements for the principal structure.

(e) Accessory uses shall be conducted on the same lot as the principal use to which it is related, and clearly incidental to, and customarily found in connection with, the principal use or structure.

6. Accessory structures shall be counted towards the maximum lot coverage on a lot and in no case shall exceed the maximum lot coverage for the zoning district in which it is located when considering all structures on the lot.

7. Accessory uses shall not include the conduct of trade or business unless permitted in conjunction with an authorized principal use that permits trade or business.

8. While properties can have multiple accessory structures, not more than one accessory structure by type shall be permitted on an individual lot (e.g., shed, play structure, pool, etc. are types of accessory structures). One additional picnic pavilion or storage, tool, or utility shed may be located on a single lot for each five acres of land within such single existing lot. Farms and agricultural uses are regulated under § 208-402C.

9. Accessory structures shall not exceed the height of the principal structure unless the accessory structure is directly related to an agricultural use/operation.

B. Accessory dwelling unit.

1. The following use regulations apply:

(a) A property owner must file a building/zoning permit or zoning occupancy permit for an accessory dwelling unit prior to its recognition as an accessory dwelling unit. The property proposed for an accessory dwelling unit is permitted to contain only one dwelling unit.

(b) The property must be occupied by the owner, either in the principal structure or principal dwelling unit, or in the accessory Dwelling.

(c) Accessory dwelling units are only permitted as accessory to lots with single-family.

(d) The accessory dwelling unit shall be located either:

(i) In a newly constructed accessory dwelling unit structure.

(ii) In an existing detached accessory structure used, or formerly used, on the first floor by a garage, barn, or similar accessory use.

(iii) In the principal structure, provided there is a separate entrance to the exterior or to an unconditioned porch type space.

(e) The usable floor area of the accessory dwelling unit shall not exceed 50% of the usable floor area of the principal use or 500 square feet, whichever is less. Exterior patios, decks, porches, and staircases providing interior access from the principal unit to the accessory dwelling unit will not be counted toward the usable floor area of the accessory dwelling unit.

(f) Parking. Parking for the accessory dwelling unit must be provided on-site in accordance with the off-street parking requirements specified in § 208-501.

(g) Pedestrian access. An all-weather surface path to the accessory dwelling unit shall be provided from the street frontage.

(h) The orientation of the proposed accessory dwelling unit shall, to the maximum extent practical, maintain the privacy of residents in adjacent dwellings as determined by the physical characteristics surrounding the accessory dwelling unit including landscaped screening, fencing, and window and door placement.

(i) A separate numeric address for the accessory dwelling unit is prohibited.

(j) No new, separate utility connection may be installed for the accessory dwelling unit in a principal structure, unless more than one utility connection already serves the lot, to the location of the proposed accessory dwelling unit, at the time of the application for the accessory dwelling unit.

(k) Mechanical equipment. Mechanical equipment shall be located on the ground or contained within an accessory dwelling unit and may not be located on the roof.

C. Agriculture or horticulture accessory uses. When the principal use is an agriculture operation or horticultural or the production or keeping of farm animals such as cattle, hogs, goats or sheep, all accessory buildings and uses customarily incidental to them shall be permitted, with the following requirements:

1. To qualify as agricultural use or for the production and keeping of farm animals, the minimum lot size shall be five acres unless the use is considered a normal agricultural operation.

2. The number of dwellings permitted on a farm shall not be limited, if density does not exceed one single-family dwelling per 10 acres and that dwellings shall be separated by a minimum of 200 feet for use by resident farm workers or family members. Dwellings shall meet setback requirements of the zoning district in which they are located.

3. Silos and bulk bins shall be exempted from height regulations.

4. Farm buildings and other structures shall not be constructed closer than 100 feet to any property line.

5. Display and sale of farm products shall be permitted, provided that:

(a) At least 50% of such products shall have been produced on the property on which they are offered for sale.

(b) Parking space for at least three cars shall be provided no closer than 20 feet from the road right-of-way.

(c) Sale of farm products shall be conducted from a portable stand, dismantled at the end of the growing season, or from a permanent building, under the following conditions:

(i) Such permanent building shall be located at least 100 feet from the right-of-way line of the road or 50 feet if such permanent building, in the opinion of the Zoning Officer, resembles a farm outbuilding. Such portable stand shall be located at least 25 feet from the edge of the cartway; and

(ii) Parking space shall be provided behind the road right-of-way line at the ratio of one space for each 300 square feet of building floor area, but in no case fewer than three spaces.

D. Keeping/stabling of horses or ponies for private noncommercial use: The keeping/stabling of horses or ponies shall meet the following requirements and shall conform to the performance standards below:

1. At least three but less than four acres: maximum of two horses or ponies.

2. At least four but less than five acres: maximum of three horses or ponies.

3. At least five acres: no limit on horses or ponies.

4. No manure storage shall be established any closer than 100 feet to any property line.

5. Horse barns, stables or structures for the storage of food and hay must be set back a minimum of 100 feet from any property line.

E. Day care, home-based. A home-based day care. In addition to the requirements specified in DHS licensure or approval regulations, the following standards apply:

1. Home-based day care shall be located in a habitable residential building.

2. Must meet all DHS licensure or approval regulations which must be submitted to the Township.

3. Outdoor play areas shall not be located in the front yard.

4. Outdoor play areas shall be screened from adjoining residentially zoned properties pursuant to the screening requirements specified in Chapter 174, Subdivision and Land Development.

5. Any vegetative materials located within the outdoor play areas shall be of a non-poisonous and non-invasive type.

6. All outdoor play areas shall provide a means of shade, such as shade trees or pavilions.

7. Refuse shall be collected on a weekly basis by a commercial waste contractor.

F. Drive-through facility. The following use regulations apply:

1. An accessory drive-through facility is accessory to principal service or commercial uses, such as a financial institution, retail business, eating establishment or gas stations. In these guidelines, a drive-through facility does not include a car wash, parking garage kiosks, or gas pump islands.

2. Placement. Properties with multiple commercial buildings on the same site, drive-through facilities shall be located internal to the site away from corners, intersections of streets or from the street frontages, to reduce the visibility of vehicle drive-through traffic on the site from street view.

3. Site access.

(a) Access driveways to vehicle drive-through facilities shall be located as far away as possible from street intersections and corners and designed in accordance with the applicable street design standards.

(b) The number of access driveways into a site shall be minimized to reduce conflicts between turning vehicles and other users of the street, reduce curb cuts and interruptions to the sidewalk.

(c) Vehicle queuing lanes must be separated from all aisles, must not result in additional curb cuts along the same street frontage and must not have direct ingress and egress from any street.

(d) Vehicle queuing lanes must not be directly accessible from a street.

(e) Vehicle queuing lanes must not obstruct or interfere with parking spaces, pedestrian aisles or walkways, and loading or service areas.

4. Parking.

(a) Parking areas where possible shall avoid having pedestrians cross driveways or vehicle queuing lanes to enter the building.

(b) The parking areas shall not conflict with the ingress and egress of the vehicle queuing lanes. This can be achieved by locating the parking areas away from the vehicle queuing lanes or clearly delineating the parking areas with appropriate barriers and signage.

G. Electric vehicle charging station. The following use regulations apply:

1. A property owner may not install any EVCS on a property until a zoning permit has been issued by the Township to the property owner.

2. Proof of approval by the appropriate utility shall be required at the time a zoning permit is issued.

3. Spaces used for EV charging stations shall be included as part of the overall parking space requirements for the use.

H. Fences:

1. Fences, provided that their height shall be limited to four feet in the front yard and six feet within side and rear yards, except that these provisions shall not apply to agricultural uses or the keeping of horses and ponies.

2. Fences are not subject to the minimum yard setback requirements and may be located up to the property line. The finished side of the fence shall face the adjoining property or public street where applicable.

3. All fences shall be constructed of customary fencing materials. Chain-link fencing is not permitted in any front yards. In no area of any yard shall fencing ordinarily used for construction activity, such as silt fences or temporary construction fences be permitted, except during the time when such construction activity is being performed.

I. Greenhouse, private. Greenhouses may not exceed 50% of the square footage of the principal structure in a Residential district.

J. Home-based business, general:

1. Home-based businesses. All proposed home-based businesses, including the expansion or replacement of an existing use or structure, shall conform to the performance standards below, as well as all other applicable laws and regulations of the county, state and federal government.

(a) The home business and its associated structures shall conform to all applicable standards for the zoning district.

(b) Home business shall be conducted entirely within the residence or within an accessory structure. The area used for the home occupation shall not exceed 25% of the gross floor area of the residence.

(c) The home business shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area. Home occupations shall not be conducted in such a manner as to produce noise, dust, vibration, glare, smoke or smell, electrical interference, fire hazard, traffic or any other nuisance not typically experienced in the zoning district where the property is located.

(d) No use shall require internal or external construction features or the use of electrical, mechanical or other equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences.

(e) No outside storage of material, goods, supplies or equipment related to the operation of the home occupation shall be allowed.

(f) Merchandise shall be limited only to products manufactured or substantially altered on the premises or to incidental supplies necessary for the conduct of home occupation. Items shall not be purchased off site for resale.

(g) To the extent that there is any sale of any item related to a home occupation, delivery of that item to the buyer should occur off the premises.

(h) The home business shall not employ more than one nonresident employee.

(i) Any need for parking generated by the home-based business shall be off-street and in the side or rear yard of the structure. The Zoning Officer shall determine the number of parking spaces required based on the parking provisions of this chapter.

(j) No commercial vehicle shall be used in connection with the home-based business for delivery of goods to or from the premises, nor parked on the property. This provision does not preclude the delivery of mail or packages by the Postal Service or by private or public shipping and courier services. Home occupations shall not generate more than an average of one truck delivery per day.

(k) No more than one home business per residence shall be allowed and it must be conducted by the occupant.

(l) Home-based business that attract customers, clients or students to the premises shall not be allowed in multifamily dwelling units.

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

(n) The following uses are not appropriate as home business and are not permitted:

(i) Vehicle or boat repair or painting.

(ii) Construction equipment or materials storage.

(iii) Equipment or vehicle rental.

(iv) Furniture sales.

(v) Funeral director, mortuary or undertaker.

(vi) Glazier's or painter's shop.

(vii) Heating, plumbing or air-conditioning services.

(viii) Laboratory or taxidermy shop.

(ix) Medical clinic or laboratory, or medical office.

(x) Restaurant.

(xi) Child day care.

(xii) Kennels and boarding of animals.

K. Home-based business, no-impact. No-impact home-based businesses are permitted by right in all residential zoning districts as long as the business or commercial activity satisfies the following requirements:

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

2. The business shall employ no employees other than family members residing in the dwelling.

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

4. There shall be no outside appearance of a business use, including but not limited to, parking, signs or lights, except that the name of the business may be indicated on the residence mailbox, as long as the mailbox sign does not exceed one square foot in area.

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

6. The business activity may not generate any solid wastes or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

7. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the gross floor area.

8. The business may not involve any illegal activity.

L. Outdoor display and sales. The following use regulations apply:

1. Outdoor displays may not extend more than five feet from the building facade.

2. Merchandise or other items displayed shall be restricted to those items or merchandise which are sold at the principal use.

3. If associated with a principal use on a corner lot, only a single road frontage shall be utilized for accessory outdoor display purposes.

4. Merchandise or other items, and all temporary structures used for outdoor display, shall be removed and stored indoors from dusk to dawn.

5. Notwithstanding any provision of this section, the public way, street, sidewalk, curb, and all means of ingress and egress to the structure containing the principal use shall be maintained free of obstructions, merchandise, or other items. A minimum of five feet of sidewalk shall remain available and obstacle-free for passing pedestrians.

M. Outdoor storage.

1. All merchandise for sale at retail sales and services is to be displayed inside or, if stored outside, screened from public view, including, but not limited to, bottle cases, building supplies, hardware, landscape material, fertilizer and similar items.

2. Screening shall be of sufficient height and density to completely hide the storage from public view, major highways, passenger rail-lines, and other public accessways.

3. All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.

4. Large objects, such as automobiles, trucks, trailers, boats and farm and construction equipment, need not be screened if permitted in the specific district.

5. Items stored outside shall not interfere with required parking or sidewalk areas or any public row.

6. Temporary storage. When temporary exterior storage of material is authorized under the provisions of this chapter, the temporary storage shall be screened by opaque ornamental fences or walls so as not to be visible from adjoining public streets or adjacent lots to a person standing at the ground level.

N. Pets. The keeping of pets is permitted according to the following use regulations:

1. Only those pets that are domesticated and are compatible with residential character are permitted to be kept as pets. Examples of permitted pets include dogs, cats, rabbits, frogs, gerbils, snakes that could not be poisonous to humans, and fish. Bears, goats (other than miniature breeds), cows, wolves, wolf-dog hybrids, snakes that could be poisonous to humans, pigs (other than miniature breeds) or sheep are not permitted as "pets" under this section.

2. No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets.

3. Dogs and cats. The total number of dogs and cats shall be a combined maximum of five.

4. Bees. Any area used for the outdoor keeping of bees shall be set back a minimum of 10 feet from all lot lines. The presence of such bees shall be well-marked. The Township may require a flyaway barrier. The flyaway barrier must be at least six feet in height, placed along the side of the beehive that contains the entrance to the hive. The flyaway barrier shall be located within five feet of the hive and shall extend at least two feet on either side of the hive.

5. Fowl. A maximum total of three pigeons, chickens, ducks, geese, and similar fowl may be kept on lots of less than two acres. A maximum of 12 such fowl shall be permitted under this section for lots of two acres or more. Such animals shall be kept on the property of the applicant. If there is more than two such fowl on a lot, they shall be kept a minimum of 75 feet from any dwelling other than that of the owner of the animals. Keeping of more than the specified number of pigeons or fowl shall be considered Farming - Agriculture under the principal use agricultural operations.

6. Rabbits. Up to 10 rabbits may be kept provided they do not create a public health hazard.

7. Exotic animals. The keeping of exotic animals not normally considered to be household pets are prohibited.

O. Signs. As regulated by § 208-700 of this chapter.

P. Solar energy system, accessory.

1. Solar energy system, accessory are permitted as an accessory use in all zoning districts subject to the following requirements:

(a) Rooftop installations require a sealed letter from a structural engineering stating roof has capacity to hold solar structure.

(b) Such a structure may be mounted on the roof provided it does not exceed a height of four feet above the roof line as measured from the highest point of the roof for flat roofs, the deck line of mansard roofs, or the mean height between eaves and ridge for gable, hip, and gambrel roofs. It may not overhang from the existing roofline.

(c) Where installed on the roof of a building, no solar energy system shall be installed such that more than 75% of each roof area is covered by the system.

(d) No solar energy structure may be installed before securing a building and zoning permit.

(e) Construction of any solar energy system shall comply with all applicable rules, laws, and regulations of the FAA. Documentation of compliance shall be available to the Township.

(f) To the extent applicable, all solar energy systems shall comply with the Pennsylvania Uniform Construction Code (UCC).[1]

[1] Editor's Note: See 35 P.S. §§ 7120.101 to 7210.1103.

(g) Solar energy systems shall not display advertising, except for reasonable identification of the facility manufacturer.

(h) No solar energy system, accessory shall be attached to a tree or any other natural object or structure not intended to support such a facility, except that systems may be appropriately attached to buildings capable of accommodating them.

(i) No solar energy system shall be installed immediately adjacent to a swimming pool or other open body of water.

(j) Ground-mounted solar energy systems shall be screened from adjoining residential uses or zones according to the standards found in § 174-320 of the subdivision and land development chapter.

(k) Solar panel installation must meet all applicable building and fire codes as determined by the Township.

Q. Sports courts.

1. Must meet the requirements for impervious surface and setbacks for principal structures within the district.

2. Courts may be no more than 3,000 square feet.

3. Indoor sports courts may also be permitted subject to the lot being no less than five acres and meet all applicable setback and height requirements.

R. Swimming pool. A swimming pool accessory to a residential and lodging use is subject to the following use regulations:

1. Unless the wall of the pool is at least four feet above the ground at all points, it shall be enclosed with a fence at least four feet and no greater than six feet in height or have a fence on top of the pool deck so that the combined height is at least four feet. The fence shall be locked, and any access steps or ladders shall be removed or rendered inoperative when the pool is unattended.

2. A swimming pool shall not involve any commercial use if it is an accessory use to a principal residential use.

3. The design and construction of all swimming pools shall be in accordance with the UCC.

4. A swimming pool must be placed behind the principal building. In the case of a corner lot, a swimming pool must not be placed closer to the secondary street than the principal building. A contiguous pool patio that is concrete, pavers, bricks, or other hard impervious non-combustible material that is flush with the surrounding grade shall not be required to meet principal building setbacks.

S. Warehouse. The following use regulations apply:

1. No storage of trash, garbage, refuse, highly explosive or flammable materials, hazardous or highly toxic substances, animals, animal carcasses, or similar items shall be permitted.

2. Uses that would involve the entrance to the use of an average of more than 100 tractor-trailers per weekday are prohibited.

3. Additional requirements for outdoor storage apply.

§ 208-402 Principal uses.

A. Adult day-care center.

1. Parking for employees during peak shift shall be provided on site.

2. Twenty-four-hour operation of center is not permitted.

3. All required licensing must be in place prior to approval by the Township.

B. Adult-oriented establishment.

1. Adult-oriented establishments shall comply with the requirements of Chapter 149, Adult-Oriented Establishments, as amended, which are incorporated herein by reference.

2. All adult-oriented establishments shall be a standalone use situated on a lot having a minimum area of one acre.

3. All adult-oriented establishments shall not be permitted to be located within 3,000 feet of any other adult-oriented establishment whether such use is situated in Marshall Township or otherwise.

4. No permit will be issued for any adult-oriented establishment which intends to be located within the below listed distances of such institutional or residential property lines:

(a) Assembly, neighborhood: 800 feet.

(b) Public or private pre-elementary, elementary, or secondary school property: 800 feet.

(c) Public library: 600 feet.

(d) Child day-care facility or nursery school: 800 feet.

(e) Public playground or park: 800 feet.

(f) Child-oriented business: 800 feet.

(g) Commercial recreation uses: 600 feet.

(h) Residential uses or zones: 600 feet.

5. The distance between any two adult-oriented establishments shall be measured from property line to property line in a straight line, without regard to intervening structures.

6. The distance between any adult-oriented establishment and a land use specified above, shall be measured in a straight line from property line to property line, without regard to intervening structures from the closest point on the exterior parcel line of the adult-oriented establishment to the closest point on the exterior parcel line of said specified land use.

7. No materials or merchandise of any kind offered for sale, rent, lease, or loan or for view upon the premises of an adult-oriented establishment shall be exhibited or displayed outside of a building or structure.

8. Signs identifying an adult-oriented establishment shall conform to the provisions of Article 700 of this chapter.

9. An adult-oriented establishment may be open for business only Monday through Saturday from 10:00 a.m. to 12:00 Midnight prevailing time. No adult-oriented establishment shall be open at any time on Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188 § 1, as amended, 44 P.S. § 11.

10. It shall be a violation of this chapter if a person causes or permits the operation, establishment, or maintenance of more than one adult-oriented establishment in the same building, structure, or portion thereof, or the increase of floor areas of any adult-oriented establishment in any building, structure, or portion thereof containing another adult-oriented establishment.

C. Agriculture operation.

1. Farm buildings and structures (other than dwellings), greenhouses, and accessory structures shall meet the requirements of accessory uses noted in § 208-401.

2. To qualify as agricultural use or for the production and keeping of farm animals, the minimum lot size shall be five acres.

3. The number of dwellings permitted on a farm shall not be limited, provided that density does not exceed one single-family dwelling per 10 acres and that dwellings shall be separated by a minimum of 200 feet for use by resident farm workers or family members.

4. Silos and bulk bins shall be exempted from height regulations.

5. Farm buildings and other structures shall not be constructed closer than 100 feet to any property line.

6. No dwelling shall be constructed closer than 75 feet to such lines.

7. All other new construction, including structures for temporary storage of feeds, shall conform to setback requirements.

8. Display and sale of farm products shall be permitted, provided that:

(a) At least 50% of such products shall have been produced on the property on which they are offered for sale.

(b) Parking space for at least three cars shall be provided no closer than 20 feet from the highway right-of-way line.

(c) Sale of farm products shall be conducted from a portable stand, dismantled at the end of the growing season, or from a permanent building, under the following conditions:

(i) Such permanent building shall be located at least 100 feet from the right-of-way line of the road or 50 feet if such permanent building, in the opinion of the Zoning Officer, resembles a farm outbuilding. Such portable stand shall be located at least 25 feet from the edge of the cartway; and

(ii) Parking space shall be provided behind the highway right-of-way line at the ratio of one space for each 300 square feet of building floor area, but in no case fewer than three spaces.

D. Animal day care and training. The following use regulations apply:

1. All animal day-care and training facilities shall be licensed by the Pennsylvania Department of Agriculture and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Chapter 21, as amended.

2. Overnight boarding is not permitted.

3. Outdoor play yards are permitted provided they are fully enclosed by a fence or wall. All such enclosures shall be set back a minimum of 150 feet from all lot lines.

4. The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal which shall be continuously implemented.

E. Assembly, general.

1. All exterior lighting shall be shielded from adjacent residentially zoned property with full cut off lighting.

2. All parking shall be screened from view of roadways and residentially zoned property.

3. Loading areas shall be screened from view and located behind the building.

4. Areas for customer dropoff and pickup shall be located outside of parking areas and wholly within the site.

F. Assembly, neighborhood.

1. All exterior lighting shall be shielded from adjacent residentially zoned property with full cut off lighting.

2. All parking shall be screened from view of roadways and residentially zoned property.

3. Facility may be no larger than 10,000 square feet in gross floor area including outdoor gathering areas.

G. Automobile fueling. The following use regulations apply:

1. Proximity restriction. No automobile fueling use shall be located within a 1,200-foot radius of another automobile fueling use.

2. Bathroom facilities. At least one bathroom must be provided and open during regular business hours for customers.

3. A convenience store may also be included as a secondary use.

H. Automobile sales and rental.

1. Automobile sales shall be subject to the following standards in the RB zoning district:

(a) No inventory parking shall be permitted between the principal building and a public street. All off-street parking areas (including all outdoor areas devoted to displaying vehicles for sale), shall be located to the side or rear of the principal building. Customer and perimeter parking shall comply with "off-street parking area standards" contained in Article 500.

(b) The total automobile display and sales area encompass both indoor and outdoor areas. A minimum of 10% of the automobile display and sales must be contained within the indoor showroom.

(c) Automobile sales uses shall provide a building having a minimum gross floor area of 2,000 square feet for display, sales and service activities.

(d) Automobile sales uses shall not employ outdoor loudspeaker paging systems.

(e) All repairs and service shall be conducted in an enclosed building.

(f) Verification of compliance with all PA Department of Environmental Protection (DEP) requirements relative to the handling and disposal of oil, battery acid, tires, etc., shall be provided.

(g) External lighting shall be reduced in intensity by 50% at the close of each business day.

2. Automobile sales shall be subject to the following standards in the HC zoning district:

(a) Minimum required lot size: five acres.

(b) Automobile sales uses shall provide a building having a minimum gross floor area of 2,000 square feet for display, sales and service activities.

(c) All exterior sales areas shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion and dust.

(d) All displayed vehicles shall be located at least 10 feet from any property line.

(e) No automobile sales use shall employ flashing lights, streamers, banners, or similar devices in any of its displays, signage or building materials.

(f) Display vehicles shall not be parked in spaces required for customers, employees or service parking.

(g) Automobile sales uses shall not employ outdoor loudspeaker paging systems.

(h) All repairs and service shall be conducted in an enclosed building.

(i) Verification of compliance with all PA Department of Environmental Protection (DEP) requirements relative to the handling and disposal of oil, battery acid, tires, etc., shall be provided.

(j) External lighting shall be reduced in intensity by 50% at the close of each business day.

I. Automobile service. The following use regulations apply:

1. Use limitation. Repair and wash facilities for vehicles that are not automobiles are not permitted.

2. Outdoor storage. Disabled or inoperable vehicles and those awaiting pickup may be stored outdoors under all the following conditions:

(a) No more than six vehicles are stored for no more than seven days each.

(b) The storage area is located in the rear yard and screened from view of the front lot line. The screening shall be a minimum of five feet high and shall be a galvanized chain-link fence with privacy slats.

(c) The storage area shall also be screened from adjacent uses through a continuous four-foot-wide opaque evergreen planting located in the side and rear yard. The planting shall be a minimum of 10 feet high at maturity.

(d) The vehicles must be stored in a legitimate parking space, and not in the public right of way or in a part of the lot not specifically designated as a parking space.

3. All repairs or washing activities must occur inside a structure.

4. Environmental controls.

(a) All areas utilized to wash or clean vehicles shall include a water reclamation system for the purpose of recycling water to the maximum degree possible given the equipment to be used in conducting car wash activities.

(b) Filtration of wastewater shall be conducted before discharge to a sanitary sewer system.

(c) A National Pollutant Discharge Elimination System (NPDES) permit from the Pennsylvania Department of Environmental Protection is required to discharge wastewater directly into a surface water body or to a storm sewer that discharges to a surface water body.

(d) Residual sludge shall be disposed of in accordance with the Pennsylvania Department of Environmental Protection requirements and standards.

J. Bed-and-breakfast establishment. The following use regulations apply:

1. The residential nature of the neighborhood or the character of the dwelling as a residence must not be altered.

2. The owner or operator of the bed-and-breakfast establishment must reside on the same lot as the bed-and-breakfast establishment.

3. Kitchen facilities must comply with the requirements of the Allegheny County Health Department.

4. Access to guestrooms must be via a main entrance, lobby, or foyer within the building. No guestroom must have a separate exterior access, except as may be required by applicable fire or building codes.

5. No employees who are not otherwise eligible to be a member of the same household with the owner of the bed and breakfast may live on site.

6. A bed and breakfast may have a sign in accordance with Article 700.

7. Off-street parking requirements must comply with the parking and loading standards of Chapter 174, Subdivision and Land Development, of this Code.

K. Car wash.

1. All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two walls.

2. Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

3. A stacking area shall be required on the lot for automobiles accessible to the end of the washing equipment. Such stacking area shall be able to accommodate the number of vehicles equal to the maximum hourly processing capability of the facility. Such information shall be provided to the Township as part of the application for the conditional use.

4. An area beyond the exit end of the washing equipment sufficiently large enough to accommodate 1/4 of the maximum hourly processing capability provided in above for the aforesaid vehicular car wash.

5. The facility shall be connected to public sanitary sewer.

6. Any car wash which also dispenses gasoline shall be considered an automobile services use and must meet all applicable requirements of automobile service.

7. Environmental controls.

(a) All areas utilized to wash or clean vehicles shall include a water reclamation system for the purpose of recycling water to the maximum degree possible given the equipment to be used in conducting car wash activities.

(b) Filtration of wastewater shall be conducted before discharge to a sanitary sewer system.

(c) A National Pollutant Discharge Elimination System (NPDES) permit from the Pennsylvania Department of Environmental Protection is required to discharge wastewater directly into a surface water body or to a storm sewer that discharges to a surface water body.

(d) Residual sludge shall be disposed of in accordance with the Pennsylvania Department of Environmental Protection requirements and standards.

L. Cemetery. The following use regulations apply:

1. The minimum lot area for a new cemetery is two acres.

2. All structures and graves must be set back a minimum of 30 feet from all residential lot lines, 20 feet from any current or proposed street right-of-way, and 10 feet from the cartway of an internal driveway.

3. No graves are permitted within the 100-year floodplain.

4. The applicant must provide evidence that the use will include an appropriate permanent system to ensure perpetual maintenance.

M. Child day-care center.

1. Proof of a valid license to operate child day-care facilities issued by the Pennsylvania Department of Public Welfare shall be provided to the Township prior to the issuance of an occupancy permit by the Township for the use.

2. All child day-care facilities shall provide a minimum area for indoor play at a ratio of 40 square feet per child.

3. All child day-care facilities shall provide outdoor play space at a minimum ratio of 65 square feet per child using the outdoor play facility. Long, linear configurations shall be avoided to ensure the functionality of the space as a play area. At no point shall the play area be less than 20 feet in width.

(a) The outdoor play area shall adjoin the building where the child day-care facility is located.

(b) The outdoor play area shall be no closer than 30 feet to a private/public street right-of-way, or 10 feet to any other property lines.

(c) The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Board of Supervisors. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or access ways shall be protected by a barrier capable of preventing the vehicle from entering the play area.

(d) Non-yielding surfaces, such as concrete, asphalt, gravel, etc., are prohibited beneath any piece of permanently installed play equipment. Certain rubber padding may be permissible over hard surfaces when approved by the Board of Supervisors. Non-yielding surfaces shall not exceed one-quarter of the required outdoor play space.

4. Within the Highway Commercial (HC) district, a minimum visual buffer bufferyard B (§ 174-319) shall be installed between the child day-care facility and other nonresidential uses not on the subject property within the district.

5. Safe vehicular access and off-street areas for the discharge and pickup of children shall be provided in the following manner:

(a) Minimum dimensions of discharge and pickup areas shall measure eight feet by 55 feet.

(b) Discharge and pickup areas shall be so located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the discharge and pickup without obstructing or interfering with the use of any public right-of-way, any parking space, or parking lot aisle.

(c) No area allocated as a discharge and pickup area may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for discharge and pickup areas. All off-street discharge and pickup areas shall be separated from walkways, sidewalks, parking lot aisles, streets, and alleys by curbing or other protective devices as approved by the Township Engineer.

N. Commercial greenhouse, garden center or plant nursery.

1. For commercial greenhouses and garden centers, the retail sales area for a greenhouse shall not exceed 1,200 square feet. The interior growing area shall not be considered sales area.

2. All structures, including those considered temporary like hoop houses, shall be reviewed and approved through the land development process.

3. Outdoor storage of materials shall be located within the side or rear yards and located away from residential zoned districts.

4. Screening shall be achieved in accordance with § 208-503.

O. Commercial equipment and supply.

1. This use may include bulk sales and typically involves frequent commercial vehicle and consumer traffic.

2. Outdoor storage is permitted as an accessory use subject to the provisions of § 208-402N.

3. This includes such uses as those listed below (this is not an exhaustive list).

(a) Typical commercial equipment and supply uses.

(b) Bottled gas (such as propane) sales and supply.

(c) Heating and air conditioning supply, sales, and service.

(d) Building materials, hardware, and lumber supply machine sales and rental.

(e) Cabinet supply (display only).

(f) Electrical supply.

(g) Plumbing sales and service.

(h) Farm equipment and supply wholesale trade.

P. Community garden. The following use regulations apply:

1. Operating rules. Applicants must establish operating rules addressing the governance structure of the community garden, hours of operation, maintenance, assignment of garden plots when applicable, and security requirements.

2. Garden coordinator. Applicants must identify a garden coordinator to manage the garden and act as the point of contact with the Township. The coordinator shall be an employee or volunteer of a public entity, non-profit organization, or other community-based organization. Applicants must file the name and telephone number of the garden coordinator and a copy of the operating rules with the Zoning Officer.

Q. Conservation subdivision design.

1. Purpose. It is the intent and purpose of this section to provide a means for the logical and efficient development within the Conservation Residential (CR) and Suburban Residential (SR) zoning districts while maintaining the district's natural character. The use of this desired development approach in these areas is an important component of the implementation of the land use and conservation objectives of the adopted 2022 Marshall Township Comprehensive Plan. The districts in which this type of development is strongly encouraged are characterized by their highly sensitive environmental features. Therefore, the following provisions have been devised and implemented to permit the logical development of only those lands within the district that are most suitable for development while, at the same time, creating a comprehensive greenway system for passive recreation uses and/or for the preservation of natural resources. A conservation subdivision shall be designed with the following objectives to satisfy the intent of this article and the required design provisions and procedures included in Chapter 174, Subdivision and Land Development, Article 300, Design Standards:

(a) To conserve open land, including those areas containing unique and sensitive natural features such as woodland, steep slopes, streams, floodplains and wetlands, by setting them aside from development;

(b) To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;

(c) To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes;

(d) To provide for a diversity of lot sizes and building densities, to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained;

(e) To implement adopted Township policies to conserve a variety of irreplaceable and environmentally sensitive resource lands, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;

(f) To permit clustering of houses and structures on less environmentally sensitive soils so as to reduce the amount of infrastructure,

(g) To implement adopted land use, transportation, and community policies, as identified in the Marshall Township Comprehensive Plan;

(h) To protect areas of the Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;

(i) To create neighborhoods with amenities in the form of neighborhood greenway, and with a strong neighborhood identity.

(j) To provide for the conservation and maintenance of open land within the Township to achieve the above-mentioned goals and for active or passive recreational use by residents;

(k) To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties; and

(l) To conserve scenic views and elements of the Township's natural resources character, and to minimize perceived density, by minimizing views of new development from existing roads.

(m) In order to achieve these purposes, this article provides for flexibility in designing new residential subdivisions by allowing two forms of "by-right" development referred to as "options," as summarized below:

(i) Option One: Cluster properties, providing for residential uses at the density permitted as calculated per requirements included in § 208-402Q(5).

(ii) Option Two: Country lot, providing for large lots at very low densities.

(n) Conservation subdivision design shall be utilized for any major subdivision of at least 10 acres in area within the Conservation Residential (CR) and Suburban Residential (SR) zoning districts; provided that Option Two, country lot, shall only be available to subdivisions within the Conservation Residential district.

(o) Exemptions: Minor subdivisions in which there are no new required streets shall be exempt from the provisions of this section.

2. Subdivision and Land Development Ordinance. All applications for a conservation subdivision shall be governed by standards and procedures stated within Chapter 174, Subdivision and Land Development, Article 400, Conservation Subdivision Procedures and Requirements. In the event that there are conflicting requirements between the provisions of this article and those stated within Chapter 174 for major subdivisions, the stricter provision of this article shall prevail.

3. Uses permitted within conservation subdivisions.

(a) Single-family configuration. This design configuration allows for single-family residential development on smaller lots with at least 40% of the adjusted tract area plus the total acreage of constrained land reserved for greenway land per § 208-402Q(7).

(i) The following uses shall be permitted within this configuration:

(1) Single-family detached dwelling.

(2) Greenway land.

(3) Agriculture.

(4) Forestry.

(5) Outdoor recreation areas.

(6) Essential services.

(ii) Accessory uses shall be permitted on the same lot customarily incidental to any permitted use and not conducted as an independent principal use as indicated in § 208-218.

4. Density determination.

(a) Density factors: for purposes of calculating density under the cluster option, the following density factors shall be applied:

(i) Conservation Residential (CR) district:

(1) Single-family configuration: 1.00

(ii) Suburban Residential (SR) district: 2.25

(b) Adjusted tract area approach: Determination of the maximum number of permitted dwelling units on any given property under the cluster option shall be based upon the adjusted tract area of the site. The adjusted tract area equals the gross tract area minus the constrained land (described below) calculated in accordance with the worksheet included in Appendix B.[1]

(i) Constrained land equals the sum of the following:

(1) All land within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing rights-of-way of utility lines;

(2) All land under existing private streets;

(3) Wetlands: multiply the acreage of designated wetlands by 0.9;

(4) Floodway: multiply the acreage within the floodway by 1.0;

(5) Floodplains: multiply the non-wetland portion of the 100-year floodplain by 0.25;

(6) Steep slopes: multiply the acreage of land with natural ground slopes exceeding 25% by 0.70;

(ii) If a portion of the tract contains more than one natural feature subject to a density factor, that acreage shall be subject to the most restrictive density factor.

(iii) Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from developable lot area, any portion of these items that also contains a natural feature subject to a deduction from the total tract acreage should not be included when calculating the adjusted tract area.

(iv) Permitted dwelling units: The maximum number of permitted dwelling units equals the adjusted tract area multiplied by the density factor, rounded to the lower number.

[1] Editor's Note: Appendix B is included as an attachment to this chapter.

(c) Country lot option: The maximum density shall be one dwelling unit per three acres, calculated on the gross tract acreage.

5. Design standards.

(a) When laying out lots in accordance with the four-step process set forth in Chapter 174, Subdivision and Land Development, there shall be no disturbance of primary conservation areas.

(b) All new dwellings shall meet the following setback requirements from off-site features:

(i) From all external road rights-of-way: 150 feet.

(ii) From all other tract boundaries: 50 feet.

(iii) From cropland or pasture land: 100 feet.

(iv) From active recreation areas such as courts or playing fields (not including tot-lots): 150 feet.

(c) Exterior buffer.

(i) Views from existing public roadways shall be minimized by the use of changes in topography, existing vegetation and buffering.

(ii) Where the proposed development adjoins an existing public roadway, public park or state game land, a natural conservation open space buffer shall be provided within the minimum required setback, within which no new structures or other improvements shall be constructed, nor shall any clearing of trees or understory growth be permitted, except as may be necessary for street, trail or stormwater facility construction or the removal of invasive plant species.

(iii) Vegetative screening shall be planted to encourage natural forest succession as specified in § 208-503.

(iv) The applicant shall undertake a scenic viewshed inventory and analysis to address the impact of new cluster option development on scenic resources.

(1) The scenic inventory shall include:

[i] Roadway viewshed and location of scenic resources that will be affected by development of the site.

[ii] Important view sight lines from the roadway that should remain open to the scenic resources.

[iii] Existing screening that could be preserved or enhanced to better conceal new development such as tree rows, woodlots, mature landscaping plant masses, walls and fences, and existing buildings or structures.

[iv] The site vicinity characteristics that are desirable to simulate, such as building architecture, construction materials and color, and native vegetation.

(2) Based on the results of the inventory, the applicant shall determine:

[i] Areas outside of the viewshed where development is most appropriately located.

[ii] Critical visual areas from road viewpoints where vegetative screening must be preserved and/or enhanced.

[iii] Less critical visual areas within the viewshed where development can be placed if the area outside of the viewshed is insufficient to accommodate the permitted development. These areas are to be located to the side of the critical views or behind existing or proposed screening.

6. Building design guidelines.

(a) To ensure that cluster development reinforces a high quality of visual aesthetics, permanence and stability, the following guidelines apply to building exteriors in the Conservation Residential (CR) and Suburban Residential (SR) zoning districts:

(i) Walls on all sides of buildings should be finished in brick, stone, stucco or wood or fiber-cement siding.

(b) Lots shall generally be accessed from interior streets, rather than from roads bordering the tract.

7. In subdivisions using the single-family configuration cluster option, at least 50% of the lots shall abut or be across a street from greenway land. Greenway land requirements for the cluster option, permitted uses and design standards:

(a) Greenway land requirements.

(i) Minimum land requirement for greenways: The minimum amount of land required for greenways within a cluster conservation subdivision shall be a percentage as follows of the adjusted tract area determined in § 208-402Q(5)(b) of this article, plus the total acreage of constrained land calculated in § 208-402Q(5)(b)(1). A worksheet for calculating the minimum amount of greenway land is attached as Appendix B.[2] The amount of acreage calculated under this section does not necessarily dictate the location of the greenway land to be set aside.

[2] Editor's Note: Appendix B is included as an attachment to this chapter.

(ii) Conservation Residential (CR) district:

(1) Single-family configuration: 40%.

(iii) Suburban Residential (SR) district: 40%.

(b) Uses permitted within greenway areas. The following uses are permitted within greenway land areas:

(i) Conservation of open land in its natural state (for example, woodland preserve, game preserve, wildlife sanctuary, fallow field, or managed meadow);

(ii) Agricultural and horticultural uses, including raising crops, and associated buildings, but excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations and any uses involving the raising of animals;

(iii) Woodlots, arboreta, and other similar silvicultural uses;

(iv) Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than one-quarter of the minimum required greenway land.

(v) Forestry, in keeping with established best management practices for selective harvesting and sustained-yield forestry.

(vi) Neighborhood greenway uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Board.

(vii) Active non-commercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than 25% of the minimum required greenway land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces.

(viii) Water supply systems and stormwater management facilities that are designed to infiltrate stormwater, blend in with the surrounding landscape, and serve as an amenity. Infiltration basins, rain gardens, vegetated swales, and constructed wetlands are examples of highly encouraged typologies for inclusion in greenway area. These facilities should be incorporated into the design with trails, benches, overlooks, attractive fencing, and native vegetation. Where structural development or impervious surface associated with stormwater management facilities is unavoidable to site in the greenway area in forms such as stormwater detention basins, spillways, and level spreaders, such features shall be screened from view to the maximum practicable extent with native vegetation.

(ix) Easements for drainage, access, sewer or water lines, or other public purposes;

(x) Underground utility rights-of-way.

(xi) Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.

(c) Greenway design standards.

(i) Greenway land shall be laid out in general accordance with the Township's Green Corridor Network Map and Connectivity Map to ensure that an interconnected network of greenway will be provided. The required greenway land shall consist of a mixture of primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs). The process for delineating greenway land is described in Chapter 174, Subdivision and Land Development.

(ii) Fragmentation and narrow corridors of greenway land should be avoided. No area of greenway land shall be less than 10,000 square feet or less than 20 feet in width.

(iii) Whenever possible, greenway land within the conservation subdivision should connect to existing or potential conservation areas on adjoining parcels. Where the Board determines a benefit to residents of the development in the form of trails or open space links, the applicant shall provide such linkages. In establishing the need for such linkages, the Board may consider implementation of the Comprehensive Plan and the Official Pedestrian Master Plan, trails integral to access public parks and impact on woodland and stream corridors.

(iv) Greenway land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the Township, or owned by Marshall Township.

(d) Other requirements.

(i) No portion of any building lot may be used for meeting the minimum required greenway land in the cluster option.

(ii) Pedestrian and maintenance access shall be provided to greenway land in accordance with the following requirements:

(1) Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 35 feet in width.

(2) Access to greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

R. Conversion of single-family dwelling to multi-family dwelling. The following use regulations apply:

1. Minimum apartment size shall conform to the following scale:

(a) Number of bedrooms, usable living area:

(i) One: 500 square feet.

(ii) Two: 650 square feet.

(iii) Three to four: 850 square feet.

2. Only existing, single-family detached dwellings may be converted for conversion apartment use.

3. A maximum of four units may be created by the conversion of a single-family detached structure.

4. The building must maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure or the dwelling units may internally share the single front entrance.

5. The conversion is not permitted if it would require the placement of an exterior stairway on the front of the building.

6. Separate cooking and sanitary facilities must be provided for each dwelling unit.

S. Conversion of commercial building to multi-family dwelling. The following use regulations apply:

1. Minimum apartment size shall conform to the following scale:

(a) Number of bedrooms, usable living area:

(i) One: 500 square feet.

(ii) Two: 650 square feet.

(iii) Three to four: 850 square feet.

2. Separate cooking and sanitary facilities must be provided for each dwelling unit.

T. Drive-through facility. The following use regulations apply:

1. Lot size. Lot sizes shall be large enough to efficiently and safely serve the operations of the drive-through facility while accommodating all necessary elements of good and efficient site design of vehicle drive-through facilities.

2. Number. No more than one drive-through business may be permitted per lot.

3. Placement. Sites with multiple commercial buildings on the property, drive-through facilities shall be located internal to the site away from corners, intersections of streets or from the street frontages, to reduce the visibility of vehicle drive-through traffic on the site from street view.

4. Site access must meet all applicable Township standards.

5. Parking.

(a) Parking areas where possible shall avoid having pedestrians cross driveways or vehicle queuing lanes to enter the building.

(b) The parking areas shall not conflict with the ingress and egress of the vehicle queuing lanes. This can be achieved by locating the parking areas away from the vehicle queuing lanes or clearly delineating the parking areas with appropriate barriers and signage.

U. Funeral homes and mortuaries.

1. All state licensing must be provided to the Township.

2. Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

3. All off-street parking spaces and loading must be provided on site.

4. All rooms available for funerals and viewings shall be located within the principal building.

V. College/university. A college/university shall be subject to the following requirements:

1. The site shall have frontage on and direct vehicular access to an arterial or collector street.

2. Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion and provide for adequate emergency vehicle access.

3. A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.

4. Outdoor recreation facilities shall be located a minimum of 300 feet from any property line adjoining a single-family dwelling.

5. The owner and operator of the college/university shall be responsible for the conduct and safety of the students, employees, visitors, faculty, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by students, employees, visitors, faculty, and guests.

W. Hotel. The following use regulations apply:

1. A private lobby shall be included.

2. Rooms shall be accessed from the interior of the building, including from interior courtyards, lobbies, or halls.

3. No hotel shall have a lot area less than 1,000 square feet per sleeping unit and a minimum of 50,000 square feet.

4. Front, side, and rear yards of hotel shall be permanently landscaped and maintained in good condition.

X. Hospital. The following use regulations apply:

1. Minimum lot area shall be five acres.

2. A traffic study shall be prepared by a professional engineer, in accordance with the traffic impact study requirements specified in Chapter 174, Subdivision and Land Development. The traffic study shall include the following additional traffic study elements and requirements for the institution.

3. The property shall front on an arterial road or major collector roadway.

4. The roadway network shall be sufficient to accommodate the predicted vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment.

5. Emergency entrances shall be located on a building elevation which faces away from adjoining residences or residential zoning districts or is set back a minimum of 500 feet from the residences or residential zoning districts.

6. The institution shall submit a copy of its emergency operations plan (EOP) to the Township Emergency Management Agency or Coordinator. The EOP shall include detailed information regarding solid, medical, and hazardous materials and waste handling including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that compiles with state and federal regulations.

7. Buffers and screens shall be in accordance with the buffer standards specified in § 174-320.

Y. Indoor shooting range.

1. All shooting range facilities, including buildings, parking, firing range, and safety fan shall be set back a minimum of 100 feet from the property line and street right-of-way.

2. Sound abatement shields or barriers shall be installed on shooting ranges.

3. Adult supervision shall be provided for children under 16 years of age.

4. Shooting range operations.

(a) Shall not damage the health, safety or welfare of the Township or its residents and property owners.

(b) Shall comply with all applicable state and local laws, rules and regulations regarding the discharge of a firearm.

(c) Shall limit the storage of ammunition to only that utilized for each day's activity, and in no event shall ammunition remain on the property for greater than 24 hours. The storage of live ammunition may only occur indoors in an area secured from general access unless the use is accessory to a permitted retail use.

(d) Alcoholic beverages are prohibited.

(e) Only targets mounted on target posts shall be permitted. No targets of any kind shall be set directly on the ground.

Z. Kennel. The following use regulations apply:

1. All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard and screened from adjoining properties shall be a minimum of 150 feet from all lot lines.

2. All outdoor recreation areas shall be enclosed to prevent the escape of animals. All such enclosures shall be set back a minimum of 150 feet from all lot lines.

3. A bufferyard Type A (§ 174-319) shall be required to be installed and maintained along all property boundary lines.

4. Licensure by the commonwealth and ongoing compliance with all applicable laws, rules, and regulations established by the Commonwealth of Pennsylvania and the Allegheny County Health Department [including, but not limited to, those relating to maximum capacity, minimum space per animal, enclosure (cage) specifications, and noise and odor control requirements].

5. Appropriate provisions for the proper disposal of animal waste shall be demonstrated and maintained. Under no circumstances shall animal waste be placed into the public sewer system; best management practices shall be employed to provide for the removal and disposal of animal waste.

AA. Library/museum.

1. Lighting shall be directed away from exterior lot lines.

2. Access and parking shall be in accordance with the standards of the Township and designed to minimize impact to any adjacent residentially used property.

BB. Manufactured home community.

1. Manufactured home communities shall meet the requirements of Chapter 174, Subdivision and Land Development, as amended; however, the zoning standards shall apply if they are more stringent than Chapter 174.

2. Manufactured home communities shall adhere to requirements of § 208-402Q, Conservation subdivision design, to determine the minimum area of greenway required for the development.

3. Manufactured home communities shall only include manufactured homes of single width or multiple widths, but shall not include travel trailers or motor homes.

4. The tract of land to be developed for a manufactured home community shall be in single and separate ownership.

5. Any lot to be used as a manufactured home community shall have a minimum size of 25 acres.

6. Any site proposed for a manufactured home community shall not be subject to any nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odors or glare.

7. Every area to be used as a manufactured home community must be served exclusively by an approved public or community water supply system and waste disposal system. In the case of community systems, a maintenance and ownership agreement shall be required.

8. The total number of lots in a manufactured home community shall not exceed a maximum density of eight lots per acre.

9. The following yard setback and lot area regulations shall apply to all individual manufactured home lots within the manufactured home community developed pursuant to this section.

(a) No manufactured home, auxiliary park buildings and other park structures may be located closer than 75 feet to any boundary of the manufactured home community regardless of whether that boundary abuts a lot, water body, road or other right-of-way.

(b) All individual manufactured home lots in a manufactured home community, regardless of tenure, shall have a minimum lot size of 5,000 square feet.

(c) No individual manufactured home lot shall be less than 50 feet in width at the building setback line.

(d) No individual manufactured home lot shall be less than 25 feet in width at the right-of-way line or the edge of the pavement of a private street, measured 50 feet from the center line of a public or private street or right-of-way, as applicable.

(e) The maximum coverage of any individual manufactured home lot by all primary and accessory buildings and structures, including covered patios or decks, shall not exceed 40%.

10. Minimum structure setbacks:

(a) Front yard: In no case shall the long side of a manufactured home be located closer than 30 feet from the edge of the street right-of-way; provided, however, that the short side (ends of unit) of a manufactured home may be located no closer to the street right-of-way than 25 feet.

(b) No more than six manufactured homes in a row shall have the same setback distance; where varied setbacks are implemented, the difference shall be at least four feet.

(c) Side and rear yards: No manufactured home or accessory building may be located closer than 10 feet to any side or rear lot line of an individual manufactured home lot.

(d) Distance between structures: Manufactured homes and roofed structures of areas attached thereto shall be separated from each other, and from other buildings, other than accessory structures, at their closest points by a minimum of 20 feet; provided, however, that whenever two manufactured homes have their longer sides parallel or essentially parallel to each other for more than 25% of the length of either the minimum distance between the two manufactured homes shall be 30 feet.

CC. Manufacturing, light.

1. All manufacturing uses shall be conducted in an enclosed building except for parking, loading or storage. All buildings shall be of fireproof construction to meet the requirements of state and/or national fire codes and any building, plumbing or other codes for Marshall Township and the state then in effect or thereafter enacted or amended.

2. No truck/bus yard shall be closer than 300 feet to a residential dwelling, public or private school hospital, or public park, as measured from the subject site's property line to the nearest property line of the residence(s), school, child-care facility, hospital or park.

3. All vehicles on site need to be in operable condition.

4. The site shall be developed with permanent buildings. No trailers or temporary modular units are permitted.

5. Service bays shall be designed or oriented so as to not to be readily visible from the public right-of-way.

DD. Medical marijuana dispensary is subject to all of the following regulations in addition to the area, bulk and other standards generally applicable to uses in the underlying zoning district:

1. A medical marijuana dispensary shall only dispense medical marijuana in an indoor, enclosed, secure facility.

2. A medical marijuana dispensary shall not:

(a) Have a drive-through service;

(b) Have an outdoor seating area;

(c) Have outdoor vending machines;

(d) Permit the administering of or consumption of medical marijuana on the premises;

(e) Offer home delivery service.

3. A medical marijuana dispensary may not operate on the same lot as a medical marijuana grower/processor.

4. A medical marijuana dispensary shall not be located within 1,000 feet of the property line of any school, school (small), child day-care facility.

5. A medical marijuana dispensary may sell medical devices and instruments that are needed to administer medical marijuana, or any service approved by the Pennsylvania Department of Health related to the use of medical marijuana.

6. The owner or operator of a medical marijuana dispensary shall provide the Township with a copy of a permit from the Pennsylvania Department of Health permitting the sale of medical marijuana at the time of application.

EE. Medical marijuana grower/processor is subject to all of the following regulations in addition to the area, bulk and other standards generally applicable to uses in the underlying zoning district:

1. A medical marijuana grower/processor shall only operate in an indoor, enclosed, and secure building, and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

2. A medical marijuana grower/processor shall not emit dust, fumes, vapors or waste into the environment.

3. Medical marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the policies of the Pennsylvania Department of Health and shall not be placed in any unsecured exterior refuse containers.

4. A medical marijuana grower/processor shall not operate on the same lot as a medical marijuana dispensary.

FF. Medical clinic.

1. Such use shall be licensed by the appropriate departments and/or agencies of the Commonwealth of Pennsylvania. Said license and all appropriate documentation shall be submitted with the application for such use.

2. Such uses shall be conducted in a manner that does not violate any provisions of this chapter or any other federal, state, county or municipal statute or regulation.

3. Such uses shall be staffed during all hours of operation by personnel licensed by the Pennsylvania Department of Health.

4. Such uses shall submit a community impact analysis consisting of the following information:

(a) Concerning hours of operation.

(b) Information concerning patient treatment capacity.

(c) Information concerning average daily patient visits.

(d) Information concerning the average number of daily vehicle trips estimated to be generated by such use, with peak-hour vehicle trip ends identified.

(e) Information concerning any and all public transportation connections that might serve the facility.

(f) Information concerning the estimated level of emergency (police, fire, ambulance, etc.) calls on a monthly basis generated by such use.

(g) Information concerning all personnel licensed by the Pennsylvania Department of Health. Any change in this information to any such permitted use shall be reported to the Township within 30 days.

(h) Information concerning all security measures to be instituted within the facility.

(i) Information concerning any security measures to be instituted on the lot or parcel.

5. The Board of Supervisors may impose additional conditions for approval based upon staff review and recommendation of the community impact analysis.

6. The Zoning Officer shall have the right to inspect such uses periodically to ensure compliance with all conditions of approval.

GG. Microbrewery, microdistillery, microwinery.

1. It may include a restaurant (i.e., eating place), tasting room, and retail space to sell the product on site. “Nanobreweries" shall be included under this definition. The microbrewery, microdistillery, microwinery must be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth and that license provided to the Township.

2. If additional uses are proposed beyond the microbrewery, microdistillery, microwinery then additional parking, lighting and noise standards will apply.

HH. Multi-family dwellings (including two-family dwellings, single-family attached, townhouse dwellings, and apartment dwellings). The provisions contained herein apply to the development of multi-family residential developments, whether allowed as a permitted or conditional use.

1. General requirements.

(a) Area and bulk regulations for multi-family dwellings per § 208-207, unless otherwise specified.

(b) Habitable space shall not be less than 640 square feet.

(c) Townhouse buildings shall be limited to a maximum of five units attached.

(d) Apartment buildings shall be limited to a maximum of 32 units per building.

(e) All buildings shall be oriented to face the street and meet the minimum and maximum front yard setbacks for the district.

(f) In no instance shall off-street parking areas be the focal point for design.

2. Open space and recreation area requirements for multi-family developments over five acres in size, for non-conservation subdivisions.

(a) A minimum of 25% of the total gross site area shall be required to be preserved as open space on the site. The required open space shall include, at a minimum, any primary conservation areas identified on site, including wetlands, 100-year floodplains, and steep slopes 25% or greater. Standards contained in § 208-500, regarding site capacity analysis, shall be utilized to determine density and conservation areas.

(b) A minimum of 10% of the gross site area shall be set aside as common usable open space in the form of an urban park for the enjoyment of the residents of the development. The usable open space (urban park) shall be centrally located and accessible to all residents and be constructed on generally flat land and located on otherwise easily buildable land (net buildable land). The common usable open space shall be counted toward meeting the total common open space requirements indicated in Subsection HH(2)(a) above.

(c) Acceptable forms of "usable open space" include improvements for a courtyard or plaza, an urban park area design with benches, shade trees, pedestrian connections, an open grass area, and may also incorporate a play area for children depending on the anticipated resident group.

(d) The usable open space area may be calculated as part of the minimum 25% required open space to be preserved on the site.

(e) The following areas shall not be allowed as part of the calculation of common open space:

(i) Private yards, lots, decks, patios dedicated for use by a specific unit;

(ii) Public right-of-way or private streets or drives;

(iii) Land covered by structure, except those allowed as part of the usable open space, such as gazebos, picnic shelters, tennis courts or swimming pools;

(iv) Required perimeter setbacks;

(v) Retention and detention ponds;

3. Building design standards:

(a) Building mass and form.

(b) Multi-family building design should incorporate visually heavier and more massive elements at the building base, and lighter elements above the base. A second story, for example, should not appear heavier or demonstrate greater mass than that portion of the building supporting it.

(c) All buildings shall be designed to provide complex massing configurations with a variety of different wall planes and roof planes. Plain, monolithic structures with long, monotonous, unbroken wall and roof surfaces of 50 feet or more are prohibited. At least every 50 linear feet, wall and roof planes shall contain offsets or setbacks with a differential in horizontal plane of at least four feet. (See Figure 1.)

(d) The facades of single-family attached townhomes should be articulated to differentiate individual units.

4. Architectural detail: style, roof form, building facades, entries, and windows.

(a) Four-sided design required. All sides of a multi-family building shall display a similar level of quality and architectural interest. The majority of a building's architectural features and treatments shall not be restricted to a single facade.

(b) Articulated building fronts and rears. The fronts and rears of buildings shall be articulated through the use of bay windows, insets, balconies, porches, or stoops related to entrances and windows.

(c) Windows.

(i) All multi-family building elevations shall contain windows, except when necessary to ensure privacy for adjacent property owners.

5. Building materials.

(a) The following guidelines and standards are intended to:

(i) Unify design through the use of similar materials throughout multi-family developments.

(ii) Select high-quality building materials that are durable, attractive, and have low maintenance requirements.

(b) Submittal requirements. Applicants shall submit building elevations, for all sides of the building, that specify the building and roof materials and the colors to be used. These are to be included in the plan set submitted to the Township for approval.

(c) Design guidelines and standards.

(i) Brick or stone to grade foundations shall be required for all multi-family buildings.

(ii) Detached garages and carports and other accessory structures, including, but not limited to, grouped mailboxes, storage and maintenance facilities, recreational facilities, picnic shelters, and gazebos, shall incorporate compatible materials, scale, colors, architectural details, and roof slopes as the primary multi-family buildings, except that flat and shed roofs are prohibited.

II. Municipal buildings and facilities and state and federal buildings and facilities.

1. The storage of maintenance vehicles and related apparatuses shall be within wholly enclosed buildings in the CR and SR zoning districts.

2. All off-street parking shall be provided in accordance with § 208-501 and the following requirement:

(a) Portions of the required front yard setback may be used for off-street parking when authorized as a conditional use; however, off-street parking shall be set back a minimum 25 feet from the street right-of-way.

JJ. Natural gas processing plants and natural gas compressor stations.

1. In addition to the applicable requirements found in § 208-804 regulating conditional uses, the following standards for review shall be applied when considering an application for natural gas processing plants and/or natural gas compressor stations.

2. Natural gas processing plants and natural gas compressor stations may be authorized by conditional use in the OSPC district in the Township where the conditions contained in this section are met by the applicant.

3. Upon application for conditional use under this section, applicant shall submit a site plan showing the proposed location of all structures on the site and in relation to one another, including existing and proposed elevations; traffic circulation features within the site; the location of vehicular access into the site; the height and bulk of structures; the provision of automobile parking space; the provision of other open space on the site; the landscaping; all proposed drainage, paving, fences and walls on the site; and the display of signs. The site plan shall also show the location of all protected structures.

4. Applicant shall meet all other conditions and criteria set forth in this chapter for the OSPC district.

KK. Oil and gas extraction.

1. Preparation activities, construction, drilling and hydraulic fracturing at the well site, and/or site restoration associated with an oil and gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities at the following standards for review shall be applied when considering an application for oil and gas extraction.

2. Well operator shall comply with any generally applicable bonding and permitting requirements for streets that are to be used by overweight vehicles and equipment for extraction activities, including, but not limited to, 67 Pa. Code § 189.4.

3. Well operator shall take the necessary safeguards to ensure that all public streets utilized remain free of dirt, mud and debris resulting from extraction activities and/or shall ensure such streets are promptly swept or cleaned if dirt, mud and debris occur.

4. Well operator shall take all necessary precautions to ensure the safety of persons in areas established for street crossing and/or adjacent to streets (for example, persons waiting for public or school transportation). During periods of anticipated heavy or frequent truck traffic associated with extraction, well operator shall provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.

5. Well operator shall provide an appropriate and adequate off-street area within the development site for vehicles to stand while gaining access to the well site so that the normal flow of vehicular traffic on nearby public streets is undisturbed and public safety is maintained.

6. Well operator shall not clear brush or trees by way of burning, and shall chip, grind or remove all tree stumps from properties it clears for extraction purposes.

7. Prior to extraction, well operator shall provide to the Northern Regional Police Department and all Township fire companies (first responders) and to the Township Zoning Officer, a copy of its Preparedness, Prevention and Contingency (PPC) plan.

8. Prior to drilling, the Township shall ascertain whether the Township's first responders have secured adequate information to deal with any potential dangerous conditions that may result due to extraction activities. First responders shall have on-site orientation and be provided adequate awareness information. At least 30 days prior to drilling and at the Township's request, the well operator shall provide an appropriate site orientation for first responders at its sole cost and expense. Such site orientation shall be made available at least annually during the period when the well operator anticipates drilling activities in the Township.

9. Well operator shall take the necessary safeguards to ensure that effective dust control measures are in place.

10. Well operator shall locate its temporary and permanent operations so as to minimize interference with Township residents' enjoyment of their property and future Township development activities.

11. Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the extraction of oil and gas, the well operator shall direct site lighting downward and inward toward the drill site, wellhead, or other area being developed so as to minimize glare on public streets and adjacent property within 300 feet of the well site, drill site, wellhead, or other area being used for extraction.

12. At least 30 days prior to drilling an oil and gas well or multiple oil and gas wells at a location, the well operator shall provide the following information to each resident, by certified mail, within 1,000 feet of the planned surface location of the well(s):

(a) A copy of the well survey plat submitted to the Department of Environmental Protection by operator with operator's permit application.

(b) A general description of the planned operations at the planned well(s) and associated equipment used in the extraction of the well(s).

(c) The contact information for the well operator.

(d) The availability of the well operator to hold a meeting with such residents to present well operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.

13. Upon the filing of an application for conditional use in accordance with this article, the well operator shall provide:

(a) A site plan showing the proposed location of all structures on the site and in relation to one another, including existing and proposed elevations; traffic circulation features within the site; the location of vehicular access into the site; the height and bulk of structures; the provision of automobile parking space; the provision of other open space on the site; the landscaping; all proposed drainage, paving, fences and walls on the site; the display of signs; and the location of all protected structures. The site plan shall also provide a detailed description of plans for the transportation of materials and equipment to construct, maintain, and operate the well site and all facilities which are to be located thereon. Such description shall include a map showing the planned vehicular access routes to the well site on public streets and indicate all state, county, and local streets, roads, and other transportation infrastructure that may be used. The proposed vehicular access routes shall be designed to minimize the use of and impact upon roads and streets within the Township.

(b) A proposal and information on the status of bonding of streets.

(c) The well operator's Erosion and Sedimentation Plan, including Allegheny County Conservation district approval, if applicable.

(d) The well survey plat showing the planned surface location(s) of the well(s).

(e) The contact information for the well operator.

14. Prior to the commencement of any activity on the well site, the well operator shall enter into a Township Roadway Maintenance and Repair agreement with the Township, in a form acceptable to the Township, regarding maintenance and repair of Township roads that are to be used by vehicles for development activities. The well operator shall conduct an inventory, analysis, and evaluation of existing road conditions on Township roads along the proposed transportation route identified in its site plan, including photography, video recording, and core boring as determined to be necessary by the Township Engineer. The Township Roadway Maintenance and Repair agreement will identify the responsibilities of the well operator to prepare, maintain, and repair Township roads before, during and immediately after construction and drilling operations associated with the oil and gas extraction. The well operator shall take all necessary corrective action and measures as directed by the Township pursuant to the agreement to ensure the Township's roadways are repaired and maintained during and immediately after construction and drilling operations associated with the oil and gas extraction.

15. At least 10 days prior to commencement of drilling the well operator shall provide to the Township Zoning Officer a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP).

16. When any oil and gas well is located within 1,000 feet of a protected structure, the well operator shall:

(a) Install temporary safety fencing, at least eight feet in height, around drilling and hydraulic fracturing equipment and install permanent fall protection fencing meeting OSHA requirements around any pits that contain or could contain water or other liquids at depths greater than two feet.

(b) Install warning signs providing notice of the potential dangers at the well site.

(c) Provide at least one security guard at all times when a drilling rig or hydraulic fracturing equipment is on the well site.

17. During drilling and hydraulic fracturing:

(a) Clearly visible warning signs shall be posted at the well site;

(b) All equipment shall be locked and/or fenced, as appropriate, to prevent entry or access by unauthorized persons.

(c) A guard station with 24-hour staffing shall be established and maintained at a secured entrance gate of the well site.

18. No construction activities involving excavation of, alteration to, or repair work on any access street or well site shall be performed during the hours of 7:00 p.m. to 7:00 a.m.

19. All extraction shall be conducted in such a manner to minimize noise, vibration and noxious odors as prescribed in § 208-504, Performance standards, of this chapter and shall be in accordance with the best accepted practices incident to drilling for oil or gas in urban/suburban areas. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance of persons living in the vicinity.

20. To the extent reasonably possible, natural screening shall be maintained around well sites and well operator shall not disturb existing trees or root systems.

21. Well operator shall maintain a copy of the approved conditional use application on site at all times and shall make such application available to the Township or its agents upon request.

22. Revocation of any federal, state, municipal or other permit or approval shall constitute an immediate automatic revocation of the Township's zoning/development permit.

LL. Assisted care nursing facility.

1. Lot area: A minimum lot size of two acres shall be required.

2. Building area: The maximum percentage of the lot covered by buildings shall not exceed 20%.

3. Impervious surface ratio: The maximum impervious surface ratio shall be 50%.

4. Yards:

(a) Front yard: 50 feet minimum.

(b) Side yard: 50 feet minimum.

(c) Rear yard: 50 feet minimum.

5. Street frontage: 100 feet.

6. The assisted care nursing facility shall meet all licensing requirements of the Commonwealth of Pennsylvania.

MM. Parking structure. The following use regulations apply:

1. Corner lot. A corner lot shall not be used solely for parking.

2. Adjacent parking facilities. Two principal parking facilities shall not be located directly adjacent to one another, except for a new structured parking facility replacing an existing parking lot.

3. Design. A parking structure must be designed to be convertible to other uses including office, retail, and residential uses.

NN. Public utilities structures. The following use regulations apply:

1. Front, side, and rear setbacks shall be provided in accordance with the regulations of the district in which the facility is located.

2. Housed equipment.

(a) Height shall be a maximum of 15 feet.

(b) The external design of the building or structure shall be in conformity with design standards of the district in which it is located.

3. Unhoused equipment.

(a) When the equipment is not enclosed within a building, it must be screened by a fence and landscaping.

(b) The fence must be six feet high.

(c) The access gate in the fence must have at least 50% opacity.

(d) The landscaping must be evergreen and in accordance with the Township's recommended species and planting specifications (Appendix A[3]).

[3] Editor's Note: Appendix A is included as an attachment to this chapter.

OO. Recreation facility.

1. Activities and improvements associated with a recreation facility include:

(a) Amphitheaters/outdoor theaters;

(b) Indoor/outdoor swimming pools;

(c) Indoor/outdoor skating rinks;

(d) Any other recreation facilities;

2. Gaming enterprises and/or racetracks shall not be considered recreation facilities.

PP. Research testing facility.

1. May be permitted in certain districts as a conditional use.

2. Frontage setback shall be increased to 150 feet.

QQ. School.

1. The public and non-public schools shall adhere to the following dimensional characteristics:

(a) Minimum lot area: two acres.

(b) Minimum setback requirements:

(c) Front yard: 50 feet.

(d) Side yard: 50 feet.

(e) Rear yard: 50 feet.

(f) Minimum lot width: 100 feet.

(g) Maximum impervious surface ratio: 70%.

2. All off-street parking shall be set back at least 25 feet and screened from adjoining property lines.

3. Outdoor play areas shall be located in the rear or side yards at a minimum of 50 feet from side and rear property lines. When within the CS or SR district outdoor play areas shall be buffered in accordance with bufferyard B, § 174-319, to protect the neighborhood from inappropriate noise and other disturbances generally associated with educational facilities.

4. Off-street parking lots shall not be used as outdoor play areas.

5. All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

6. Passenger "dropoff" and "pickup" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

RR. School, small.

1. The requirements of this subsection shall apply:

(a) The minimum lot area shall be 20,000 square feet.

(b) The building shall be a minimum of 1,500 square feet.

(c) School (small) shall only accommodate grades kindergarten through sixth grades and shall be permitted a maximum of 25 students.

(d) School (small) shall have and meet all licensing and permitting requirements of the commonwealth applicable to and required for the operation of a school.

(e) School (small) must conform to the bulk and area regulations of the zoning district in which it is located.

(f) School (small) shall not be located in a residential subdivision.

(g) The required number of off-street parking spaces shall be one for each faculty member plus one for every three students. No off-street parking spaces shall be located within the setback from an adjoining lot containing a single-family dwelling.

(h) The maximum length of a vehicle used to drop off and pick up students at a school (small) shall be 22.5 feet.

(i) The applicant shall provide a circulation plan for the dropoff and pickup of students from the school (small). The circulation plan shall be arranged so that students do not have to cross traffic lanes on or adjacent to the site. At no time shall students be released from a vehicle in the public right-of-way. The applicant shall provide sufficient stacking of vehicles on the property so as to avoid any car stacking in the public right-of-way.

(j) Outdoor play areas shall be located in the side and rear yards only. The outdoor play area shall be buffered in accordance with buffer yard B when abutting a residential use. In no instance shall an off-street parking lot be used as an outdoor play area. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or access ways shall be protected by a barrier capable of preventing the vehicle from entering the play area.

(k) Hours of operation shall be limited to 8:00 a.m. – 4:00 p.m., Monday – Friday, unless the Board of Supervisors establishes more or less restrictive hours of operation as a condition of approval.

2. Signage shall be permitted as per the zoning district in which the school (small) is located.

SS. Self-storage facility. The following use regulations apply:

1. Minimum lot area must be a minimum of one acre.

2. Access. Ingress or egress shall be from an arterial or collector street. A marginal access street shall be provided if its use will reduce the number of curb cuts on the arterial or collector street as determined by Township Council.

3. Building placement and design.

(a) Building separation front: 28 feet minimum for units less than 15 feet in depth and 42 feet minimum for units 15 feet or more in depth.

(b) Building separation rear: 20 feet.

(c) Maximum length of building: 200 feet.

(d) Maximum facility unit size: 14 feet wide, 40 feet deep, and one story (15 feet) in height. If units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.

(e) Buildings shall be designed and located so that overhead doors and the interior driveways within such facilities are not visible from the adjacent public right-of-way. This provision does not apply to overhead doors that are within an enclosed self-storage building and that are visible only through windows of the building.

(f) No door openings for any storage unit shall be visible at ground level from any lot in a residential zoning district.

(g) Office space may be provided which does not exceed 5% of the net site area.

(h) The design of personal storage facilities shall be by a Pennsylvania-registered architect.

4. Driveway design.

(a) Minimum driveway width: 24 feet.

(b) Interior drive aisle widths must be a minimum of 25 feet.

(c) All driveways shall be paved with an impervious surface.

5. Landscaping and buffering.

(a) A landscaping plan shall be submitted with the site plan showing the site's buffer planting strip area in accordance with the sustainable landscaping standards in Chapter 174, Subdivision and Land Development. A buffer planting strip shall exist around the entire perimeter of the site.

(b) Six-foot-high fences shall be placed around the perimeter of the site inside of the buffer area.

(c) All fences or walls visible from the public right-of-way shall be constructed of decorative building materials such as slump stone masonry, concrete block, wrought iron, or other similar materials.

6. A fire hydrant shall be provided on site, with its location to be determined by the Township.

7. The following uses are prohibited and all self-storage facilities' rental or use contracts must specifically prohibit the same:

(a) Residential use or occupancy, except for a caretaker who may reside on a portion of the personal storage site.

(b) Storage outside of the building.

(c) Water or sanitary sewer service in the personal storage units.

(d) Bulk storage of flammable, combustible, explosive, or hazardous materials. Nothing in this section is meant to prohibit the storage of motor vehicles, motor craft, or equipment that contain a normal supply of such fuels for their operation.

(e) Repair, construction, reconstruction, or fabrication of any item, including but not limited to, any boats, engines, motor vehicles, lawn mowers, appliances, bicycles, or furniture.

(f) Auctions, except as provided for the in the Self Service Storage Facilities Act (Act of Dec. 20, 1982, P.L. 1404, No. 325),[4] commercial wholesale or retail sales not related to the storage activity on the premises or garage sales. Retail sales of supplies associated with the rental of storage units or rental of vehicles shall be permitted, such as boxes, packing tape, locks, and similar items.

[4] Editor's Note: See 73 P.S. § 1901 et seq.

(g) The operation of power tools, spray-painting equipment, compressors, welding equipment, kilns, or other similar tools or equipment.

(h) Any business activity within the storage units.

8. On-site management shall be provided for a minimum of 20 hours per week, during the hours of 8:00 a.m. and 7:00 p.m. Contact information for management during the remaining hours of the day must be prominently posted on the premises.

TT. Personal service establishment. The following use regulations apply:

1. Uses may operate no earlier than 6:00 a.m. and no later than 10:00 p.m., except for the following uses, which may be open 24 hours: fitness club, athletic club, dance studio, yoga studio and gym; mailing and delivery services; photocopying and printing; and veterinary services/animal hospital (no outdoor kennels).

UU. Traditional neighborhood development

1. Purpose. The purpose of this article is to allow the optional development and redevelopment of land in Marshall Township consistent with the design principles of traditional neighborhoods.

2. The Traditional Neighborhood Development (TND) is allowed in the Town Center (TC) district and Route 19 Boulevard (RB) district as a conditional use. Traditional Neighborhood Development in the RB district encourages a mixture of retail businesses, restaurants, services, work places, entertainment and civic facilities, and moderate- to high-density housing in a compact pattern that balances automobile access with strong pedestrian elements to create a walkable environment. Traditional neighborhood developments within the TC district encourage complete, traditional neighborhoods with a diverse range of dwelling types, such as single-and two-family houses, attached townhouses, and condominium or apartments mixed together for a moderate- to high-density compact pattern of development that balances automobile access with strong pedestrian elements to create a walkable environment.

3. Development provisions.

(a) Minimum development size: five acres in the TC district; 10 acres in the RB district.

(b) Maximum permitted residential density shall be 16 units per gross acre.

(c) All Traditional Neighborhood Development shall follow the conditional use and land development procedures established in this article.

(d) All Traditional Neighborhood Development shall be served by public water and sewer systems.

(e) The total number of residential units within the Traditional Neighborhood Development shall be determined as part of the preliminary approval process for the land development.

4. General design standards and provisions.

(a) Use.

(i) The entire land area of the TND shall be divided into blocks, streets and lots.

(ii) Similar land categories shall generally front across streets. Dissimilar categories shall abut at rear lot lines. Corner lots that front on streets of dissimilar use shall be set back the same as the adjacent use with the lesser setback.

(iii) Large-scale, single use (conference spaces, theaters, athletic facilities, etc.) shall occur behind or above habitable street front space.

(iv) Any use listed as a permitted or conditional use within the underlying zoning district (TC or RB) in § 208-216 shall be considered a permitted use within a TND. All provisions in § 208-804 conditional uses shall be complied with for those uses listed as conditional uses within § 208-216. Accessory uses within a TND shall be governed by § 208-218.

(v) A minimum of 10% and a maximum of 50% of the gross land area of the Traditional Neighborhood Development shall be designated for business use in the Town Center (TC) district.

(vi) A minimum of 50% and a maximum of 75% of the gross land area of the Traditional Neighborhood Development shall be designated for business use in the Route 19 Boulevard (RB) district.

(vii) For the purposes of determining the permitted percentage land allocated to business uses detailed in this section, mixed use buildings shall be prorated based upon the total percentage of floor area allocated to business use and residential use.

(viii) All uses shall be conducted within complete enclosed buildings unless otherwise specified.

(ix) Fences and walls shall adhere to the provisions of this section, unless otherwise specified in this section.

(b) Lots and buildings.

(i) All lots shall share a front lot line with a street.

(ii) Buildings shall include a variety of setbacks. No more than three buildings in a row shall have the same setback from the right-of-way line to the building line.

(iii) All buildings shall have their main entrance fronting the street.

(iv) Setbacks for dwellings shall not include front porches that project less than six feet in width beyond the front setback.

(c) Streets.

(i) Streets shall provide access to all tracts and lots.

(ii) All streets shall terminate at other streets within the neighborhood and connect to existing and projected through streets outside the development.

(iii) The average perimeter of all blocks within the TND shall not exceed 1,600 feet.

(d) Parking.

(i) Minimum parking requirements for uses within a TND shall be 90% of the minimum parking requirement for that use as indicated in § 208-501 of this article. Maximum parking permitted for that use shall be 110% of the minimum parking requirements as indicated in § 208-501.

(ii) On-street parking along the frontage of the use shall count towards the required minimum parking spaces required for that use.

(iii) Parking lots shall generally be located at the rear or at the side of buildings and shall be screened from the sidewalk by per the applicable provisions for perimeter landscaping contained in § 208-503.

(iv) Primary street frontages shall have no vehicular entries, for properties with another street frontage Properties with a single-frontage on a primary street shall be limited to a maximum of two single lane-width vehicular entries separated by a minimum of 20 feet. These requirements do not apply to frontages on Northgate Drive.

(v) Adjacent parking lots shall have vehicular connections via an alley or internally.

(vi) All parking lots shall conform to the design standards contained in §§ 208-501 and 208-503 of this chapter.

(e) Landscaping and street trees. Requirements for landscaping and street trees shall be governed by § 208-210 for traditional neighborhood developments located within the TC district, and § 208-211 for traditional neighborhood developments located within the RB district.

5. Single-family dwelling design standards and provisions.

(a) Use.

(i) Land designated for single-family use shall contain buildings for residential uses,

(ii) An accessory building is permitted on each lot.

(b) Lots and buildings.

(i) Buildings on single-family lots shall be set back between 10 feet and 25 feet from the right-of-way line. If a driveway and/or a garage is proposed for the building or dwelling a minimum setback of 25 feet is required.

(ii) Buildings on corner lots shall be set back between 10 feet and 20 feet from the right-of-way line from each street. If a driveway and/or a garage is proposed for the building or dwelling a minimum setback of 25 feet is required.

(iii) Buildings on single-family lots shall be set back from the side lot lines equivalent to no less than 20% of the width of the lot. The entire setback may be allocated to one side. If a driveway and/or a garage is proposed for the building or dwelling a minimum setback of 25 feet is required.

(iv) Buildings on single-family lots shall be set back no less than 10 feet from the rear lot line.

(v) Buildings on single-family lots shall cover no more than 40% of the lot area.

(vi) Building height shall be between 20 feet and 40 feet.

(c) Streets.

(i) The following public improvements shall be required for all streets: Two 10-foot-wide travel lanes, two five-foot-wide planting strips for street trees, and two five-foot-wide concrete sidewalks.

6. Attached multi-family dwelling design standards and provisions.

(a) Use.

(i) Land designated for multi-family use shall contain buildings for residential use.

(ii) An accessory building is permitted on each lot.

(b) Lots and buildings.

(i) Buildings shall be set back between zero and 15 feet from the right-of-way line. If a driveway and/or a garage is proposed for the building or dwelling a minimum setback of 25 feet is required.

(ii) Buildings at street intersections shall be set back from 10 feet to 15 feet from both street right-of-way lines. If a driveway and/or a garage is proposed for the building or dwelling a minimum setback of 25 feet is required.

(iii) Buildings shall have a 10-foot setback from side lot lines.

(iv) Buildings shall cover no more than 50% of the lot area.

(v) Building height shall be between 25 feet and 50 feet.

(vi) Maximum impervious surface ratio: 70%.

(c) Streets.

(i) The following public improvements are required for streets. 10-foot-wide paved travel lanes, one eight-foot-wide paved parking lane, two five-foot-wide planting strips for street trees and street lights and two five-foot-wide concrete sidewalks.

7. Residential mixed-use building design standards and provisions.

(a) Use.

(i) Land designated as residential mixed-use building use shall contain residential and commercial uses.

(ii) At least 33% of the gross floor area all be designated for residential use.

(iii) Residential uses are not permitted on the ground floors of mixed-use buildings.

(b) Lots and buildings.

(i) Buildings on residential mixed-use building lots shall have a setback of zero to 25 feet from the front right-of-way line. The setback for corner lots shall be between 10 and 25 feet. If a driveway and/or a garage is proposed for the building or dwelling a minimum setback of 25 feet is required.

(ii) The setback for corner lots shall be between 10 feet and 25 feet. If a driveway and/or a garage is proposed for the building or dwelling a minimum setback of 25 feet is required.

(iii) Buildings on residential mixed-use building lots shall have no setback from at least one side lot line.

(iv) Buildings on residential mixed-use building lots shall cover no more than 60% of the lot area.

(v) Building height shall be between 25 feet and 50 feet.

(vi) Maximum impervious surface ratio: 75%.

(c) Streets.

(i) The following public improvements shall be required for streets: Two 10-foot-wide paved travel lanes, two eight-foot-wide paved parking lanes, two five-foot-wide planting strips for street trees and lighting, and two six foot-foot-wide concrete sidewalks.

8. Non-residential building design standards and provisions.

(a) Lots and buildings.

(i) Land designated for non-residential buildings shall be between 10 feet and 25 feet on side and front lot lines, except for corner lots where a minimum front setback of 10 feet to 25 feet shall be required for both frontages.

(ii) Non-residential buildings shall not cover more than 65% of the lot area.

(iii) Maximum impervious surface ratio 80%.

(b) Streets.

(i) The following public improvements shall be required for streets: Two nine-foot-wide paved travel lanes, two eight-foot-wide paved parking lanes, two five-foot-wide planting strips for street trees and lighting, and two six-foot-wide concrete sidewalks.

9. Architectural standards and signage.

(a) Building materials/colors/building roof treatment.

(i) Building exterior wall materials not permitted include:

(ii) Large split face blocks (e.g., 8 inches × 16 inches or greater).

(iii) Tilt-up concrete panels.

(iv) Prefabricated steel panels.

(v) Standard concrete masonry units (CMU).

(vi) Comparable materials may be approved by the Board of Supervisors.

(b) Permitted exterior wall materials shall consist of: Colors which are low reflectance, subtle, neutral or earth tone. The use of high-intensity colors or black may be permitted upon review of design features. The use of fluorescent color is prohibited.

(c) Roofs must have at least one of the following features:

(i) Parapets concealing flat roofs and rooftop equipment.

(ii) Overhanging eaves.

(iii) Sloped roofs.

(iv) Green roofs.

10. Building mechanicals.

(a) Building mechanical systems such as air conditioning units, exhaust systems, satellite dishes, fire escapes, elevator housing, and other similar elements (including dumpsters) shall be integrated into the overall design and character of the building and screened from view.

(b) Landscaping and other screening devices, including decorative opaque fencing shall be used to soften the view of these features from the adjoining properties and the public street.

(c) Architectural lighting shall be recessed under roof overhangs or generated from a concealed source, low-level light fixtures. This includes lighting used under canopies, e.g., canopies designed over gas pumps.

11. Loading and storage areas. Loading docks, trash collection and similar facilities shall be incorporated in the overall design of the buildings and the landscaping plan so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and public streets.

(a) Loading dock facilities shall be screened by a solid masonry wall at least six feet in height. Trash collection and similar facilities shall be completely enclosed within masonry wall or solid fence, at least six feet in height on three sides and a self-closing gate on the fourth side. Dumpster areas shall have hardened, stabilized surfaces constructed to prevent accumulation of stormwater runoff.

12. Building orientation.

(a) All main entrances of buildings shall front onto the public street. If design dictates, the main entrance may face parking areas or defined public corridors In no instance shall blank walls face the public street.

(b) Of the structure facing the street, 60% of the horizontal length shall incorporate windows between three feet and eight feet in height above the sidewalk grade. In addition, sidewalks shall extend from the main entry point and link to the public sidewalk.

(c) Surface treatments to create visual interest such as cornices, brackets, window and door moldings and details, recesses, projections, awnings, porches, steps, decorative finish materials and other architectural articulation shall be required along facade facing a public street.

13. Signage shall be regulated as set forth in Article 700.

14. Open space requirements.

(a) A minimum of 10% of the gross land area of the TND shall be designated as common open space. A minimum of 50% of the common open space, shall be developed as a common plaza or park that is centrally located within the neighborhood. Public right-of-way shall not be included as common open space. Common open spaces shall be linked, wherever possible, to create greenways within the TND.

(b) The balance of the required common open space within the neighborhood may be comprised of preserved natural areas and public gardens. A maximum of 50% of this common open space area may be comprised of green roofs.

(c) Land lying within 15 feet of any townhouse building, garden apartment building, parking area or land within a single-family detached or semi-detached residential lot shall not be calculated toward the required common open space percentage of the tract.

(d) Common Open space areas shall be accessible from all buildings via an on-site pedestrian system of sidewalks.

(e) Ownership responsibility of all common open space areas, except for green roofs, shall be consistent with the provisions of § 174-302F of this Code.

(f) Land within individual lots shall not be counted toward meeting required common open space.

15. Development in stages.

(a) A developer may construct a TND in stages if the following criteria are met:

(b) The application for preliminary approval covers the entire TND and shows the location and approximate time of construction for each stage, in addition to other information required by this chapter.

(c) At least 15% of the dwelling units in the plan given preliminary approval are included in all but the final stage.

(d) The second and subsequent stages are completed consistent with the approved preliminary plan and are of such size and location, including a sufficient degree of completion of the road network and other infrastructure, that they constitute economically sound units of development.

(e) Each phase shall include public space in amounts and at locations deemed acceptable by the Board of Supervisors to meet, at minimum, the public space needs generated by that phase and to ensure protection of the sensitive features of the tract.

(f) Gross residential density may be varied from stage to stage, provided that final approval shall not be given to any stage if the gross residential density of the area that includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 20% the gross residential density allowed for the entire TND in the approved preliminary plan.

16. Application requirements and procedures.

(a) The Traditional Neighborhood Development shall be reviewed and approved as provided for in Chapter 174, Subdivision and Land Development, Article 200, Plan Specifications and Processing Procedures. If there is a conflict between the provisions of this article and the provisions of Chapter 174, Subdivision and Land Development, the provisions of this article shall apply.

(b) In addition to the application requirements for preliminary approval, stated in Chapter 174, the application and application for a TND shall include:

(c) A written statement by landowner setting forth the reasons why, in his opinion, a Traditional Neighborhood Development would be in the public interest and would be consistent with the comprehensive plan for development in Marshall Township.

(d) Architectural renderings and elevations shall be required and include sufficient detail to articulate the design standards listed above. These renderings, once approved, will become a part of the preliminary plan. Any substantive architectural deviation (e.g., change in facade design or materials) from that which was presented and approved at preliminary plan, will subject the applicant to a new public hearing and preliminary plan approval process.

(e) Elevations and renderings prepared by an Architect shall be provided for all proposed buildings, structures, and dwellings.

(f) A landscape plan prepared by a registered landscape architect shall clearly identify all required design elements outlined in the design standards, as well as, identify each tree and shrub by size, type and scientific name, ball and burlap or bare root, location together with a planting diagram and such other diagrams or reports necessary to show method of planting, staking and mulching, grass seeding specifications and mixtures and existing trees over eight inches in diameter, among other provisions of that corridor enhancement overlay than may apply to the traditional neighborhood development.

VV. Wireless communications facility.

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

2. By enacting these provisions, the Township intends to:

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

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

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

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

(e) Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers; and

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

3. General requirements for all wireless communications facilities. The following regulations shall apply to all wireless communications facilities located within the Township:

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

(b) Standard of care.

(i) All WCFs shall meet or exceed all applicable standards and provisions of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF applicant and provided to the Township.

(ii) If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such WCFs into compliance shall constitute grounds for the removal of the WCF at the owner's expense.

(iii) The WCF applicant shall submit proof of compliance with all applicable federal and state standards, including, but not limited to those established by the Federal Communications Commission, as part of any complete WCF application.

(c) Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

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

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

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

(g) Graffiti. Any graffiti on a WCF, including the wireless support structure and any related equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Township.

(h) Radio frequency emissions. No 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.

(i) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing an application for approval of a WCF, as well as related inspection, monitoring and related costs.

(j) Recertification. The owner of a WCF shall submit documentation certifying that the WCF is in operation and remains in compliance with all applicable requirements every five years after issuance of the initial permits for the WCF. If the Township determines that the WCF remains in compliance with all applicable regulations, the WCF permit shall be renewed. If a WCF permit is not renewed as required, the WCF shall be deemed abandoned and may be removed in accordance with the requirements of this § 208-504.

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

(l) Engineer signature. All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania certifying the structural integrity of the proposed WCF and compliance with all local, state and federal laws and regulations applicable to the proposed WCF.

(m) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

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

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

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

(n) Timing of approval. The following table details the applicable timeframe of approval for each type of WCF application:

Table 5: WCF Application Approval
Type of WCF Application	Notice of Incompleteness	Final Decision
	30 calendar days from receipt of application; 10 calendar days from receipt of supplemental application for subsequent notices	60 calendar days.
Non-tower WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	90 calendar days.
Small WCF (co-located)	10 business days from receipt of initial or supplemental application	60 calendar days
Small WCF (new or replacement wireless support structure)	10 business days from receipt of initial or supplemental application	90 calendar days
Tower-based WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	150 calendar days.

4. Specific requirements for non-tower wireless communications facilities outside the right-of-way. The following regulations shall apply to non-tower WCFs located outside the right-of-way that do not meet the definition of a small WCF:

(a) Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zones, except the Conservation Residential (CR), Suburban Residential (SR) and Medium-Density Residential (MDR) districts, subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

(b) Conditional use authorization required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a conditional use authorization from the Township. The conditional use application shall demonstrate that the proposed WCF complies with all applicable provisions in this chapter.

(c) Application procedures.

(i) Applications for non-tower WCFs shall be submitted to the Township Zoning Officer.

(ii) All applications for non-tower WCFs shall include the following information:

5. A cover letter detailing the location of the proposed site, all equipment being proposed as part of the non-tower WCF, and a certification that the WCF applicant has included all information required by this section, signed by a representative of the WCF applicant.

6. A site plan, drawn to scale, showing property boundaries, power location, total height of the non-tower WCF, the entirety of the structure upon which the non-tower WCF will be co-located, and related locations.

7. A copy of the written agreement with the owner of the structure or other evidence showing that the WCF applicant has been granted permission to co-locate its non-tower WCF on the structure.

8. A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the non-tower WCF.

9. If the non-tower WCF is proposed for location on a wireless support structure that currently supports existing WCFs or other attachments, the depiction shall show the location and dimensions of all such attachments.

10. The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the non-tower WCF.

11. An aerial photograph of the proposed site showing the area within 500 feet of the non-tower WCF. The aerial photograph shall identify all structures within such radius.

12. Photo simulations depicting the non-tower WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the non-tower WCF.

13. A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed non-tower WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

14. A report by a qualified engineering expert which shows that the non-tower WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

15. Certificates of insurance as required by this section.

16. A certification of the application's compliance with all requirements of this section.

(a) All application fees required by the Township as detailed in the Township fee schedule.

(b) Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, if possible, subject to the following conditions:

(i) In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower WCF. Such documentation shall be analyzed on an individual basis.

(ii) The total height of any wireless support structure and co-located non-tower WCF shall not exceed the maximum height permitted in the underlying zoning district by more than 15 feet.

(iii) If the WCF applicant proposes to locate the related equipment in a separate ground-mounted building, the building shall comply with the minimum setback and building requirements for the applicable zoning district.

(iv) A security fence of not less than six feet 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.

(v) 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.

(c) Removal, replacement, modification. The removal and replacement of non-tower WCFs and/or related equipment for the purpose of upgrading or repairing the WCF is permitted by right, so long as such repair or upgrade does not substantially change the dimensions of the wireless support structure. Any modification that constitutes a substantial change to a WCF shall require a prior amendment to the original permit or authorization.

(d) 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.

(e) Timing of approval.

(i) 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 WCF applicant in writing of any information that may be required to complete such application.

(ii) Within 90 calendar days of receipt of an application, and subject to applicable tolling procedures as established by federal law, the Board of Supervisors shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision.

(iii) If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's review period.

(f) Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

(g) Removal. In the event that use of a non-tower WCF is 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:

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

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

17. Specific requirements for tower-based wireless communications facilities outside the right-of-way. The following regulations shall apply to all tower-based wireless communications facilities located outside the right-of-way that do not meet the definition of a small WCF:

(a) Permitted in certain zones subject to regulations. Tower-based WCFs are permitted in the following zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

(i) PORB Planned Office, Research and Business Park

(ii) PIP Planned Industrial Park

(iii) OSPC Open Space, Public and Conservation.

(b) Conditional use authorization required. Any WCF applicant proposing the construction of a new tower-based WCF, or the modification of an existing non-tower WCF, shall first obtain a conditional use authorization from the Township. The conditional use application shall demonstrate that the proposed WCF complies with all applicable provisions in this chapter.

(c) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed WCF. Such notice shall be provided a minimum of 10 days in advance of such public hearing. The WCF applicant shall provide proof of the notification to the Township.

(d) Conditional use authorization required. A conditional use application for a tower-based WCF shall include the following:

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

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

(iii) Where the tower-based WCF is located on a property with another principal use, the applicant shall present documentation to the Board of Supervisors that the owner of the property has granted an easement for the proposed WCF.

(iv) The conditional use application shall demonstrate that the proposed WCF complies with all other applicable regulations of this chapter.

(e) Development regulations.

(i) No tower-based WCF shall be located in an area in which utilities are underground, or within 100 feet of such an area, except as permitted by this chapter.

(ii) Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum lots size requirements in the underlying zoning district. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure height.

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

(f) The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the tower-based WCF.

18. 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 communications equipment building, security fence, and buffer planting if the proposed tower-based WCF is greater than 40 feet in height.

19. Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure height or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care center or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the tower-based WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

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

(b) Visual appearance. Tower-based WCFs shall employ stealth technology. All wireless communications equipment buildings and other related.

(i) Equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. In making this determination, the Board of Supervisors shall consider whether its decision will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodland and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

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

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

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

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

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

23. Design regulations.

(a) The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. In addition to the other design requirements enumerated in this section, the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

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

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

(d) The tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer, if such anti-climbing device is deemed necessary by the Board of Supervisors.

(e) Surrounding environs.

(i) 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.

(ii) The WCF applicant shall submit a soil report to the Township complying with the standards of Geotechnical Investigations, ANSI/EIA-222, 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.

(i) A security fence, having a minimum height of six feet, shall completely surround any tower-based WCF located outside the right-of-way, as well as guy wires, or any related equipment.

(ii) Landscaping. Buffer planting strip D [§ 174-319F(2)(d)] shall be required to screen as much of a newly constructed tower-based WCF as possible. The Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Board of Supervisors, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

24. Related equipment.

(a) Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described in this section.

(b) All related equipment shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback and building requirements of the underlying zoning district.

25. Zoning permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF shall first obtain a zoning permit from the Township.

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

27. Height. Any tower-based WCF shall be designed at the minimum technically feasible height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of a tower-based WCF shall not exceed 150 feet.

28. Maintenance. The following maintenance requirements shall apply:

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

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

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

29. 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 is included in the official historic structures and/or historic districts list maintained by the Township.

30. Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the lighting, to the maximum extent permissible by law, shall be Dark-Sky-compliant, as defined by the International Dark-Sky Association. The WCF applicant shall provide a detailed plan for sufficient lighting demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Manager.

31. 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 § 208-504 of this chapter, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

32. 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 WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

33. Timing of approval.

(a) Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.

(b) All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of an application for the approval of such tower-based WCF, and in accordance with applicable tolling procedures as established by federal law, and the Township shall advise the WCF applicant in writing of its decision.

(c) If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

34. 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. Co-location on existing nonconforming WCFs is permitted if approved by the Township.

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

(a) All unused or abandoned tower-based WCFs and related equipment shall be removed and the site shall be restored to its previous condition within six months of the cessation of operations at the site unless a time extension is approved by the Township.

(b) If the WCF and/or related equipment is not removed and the site is not restored to its previous condition within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and related equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(c) Any unused portions of tower-based WCFs, including antennas, shall be removed and any unused portions of the site shall be restored to its previous condition 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.

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

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

38. Access road. If deemed necessary by the Board of Supervisors, an access road, turnaround, and parking shall be provided to ensure adequate emergency and service access to a tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to ensure minimal visual disturbance and minimize soil erosion. Where applicable, the tower-based WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility. The design of any access road shall be subject to the final approval of the Board of Supervisors, who may require that the access road be wholly or partially paved or otherwise designed to achieve the goals specified in this section.

39. 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.

40. Specific requirements for small wireless communications facilities. The following regulations shall apply to all small WCFs:

(a) Permitted locations.

(i) Small WCFs located in the right-of-way and co-located small WCFs outside the right-of-way shall be a permitted use in all Township zoning districts, subject to the requirements of this section and generally applicable permitting as required by the Township Code. Co-located small WCFs located outside of the right-of-way are limited to three per building and are prohibited from being placed on any building facade.

(ii) Small WCFs requiring the installation of a new wireless support structure and located outside the right-of-way shall be a permitted use in the following zoning districts, subject to the requirements of this section and generally applicable permitting as required by the Township Code:

(1) PORB Planned Office, Research and Business Park.

(2) PIP Planned Industrial Park.

(3) OSPC Open Space, Public and Conservation.

(b) Small WCFs inside the right-of-way shall be set back a minimum distance of 50 feet from any residential structure. If such setback is not technically feasible, and no other suitable location exists for the proposed WCF, the WCF applicant may propose a lesser setback and shall provide evidence that the proposed lesser setback shall not have a material noise impact on adjacent residential structures.

(c) Small WCFs outside the right-of-way shall be set back a minimum distance of 100 feet from any residential structure. If such setback is not technically feasible, and no other suitable location exists for the proposed WCF, the WCF applicant may propose a lesser setback and shall provide evidence that the proposed lesser setback shall not have a material noise impact on adjacent residential structures.

(d) Applications for small WCFs shall be submitted to the Township Zoning Officer.

(e) Applications for small WCFs shall include the following:

(i) The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.

(ii) A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.

(iii) If the proposed small WCF will be attached to a structure or located on property owned by a third party, a copy of the written agreement with the owner of the structure or property, or other evidence showing that the WCF applicant has been granted permission to construct its WCF on the structure or property;

(iv) A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF:

(1) If the small WCF is proposed for location on an existing structure that currently supports existing attachments, or if the replacement of such a structure is proposed, the depiction shall show the location and dimensions of all such attachments.

(2) If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.

(f) The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.

(g) An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.

(h) Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.

(i) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

(j) A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

(k) Small WCF shall comply with noise standards established in § 208-504 of this chapter. All equipment associated with the small WCF shall be designed and configured in a manner so that noise impacts on adjacent properties are minimized to the maximum extent technically feasible through the use of baffling and/or other noise attenuation techniques. The WCF applicant shall submit documentation of all steps taken to minimize noise impacts on adjacent properties as part of any application for a small WCF.

(l) A certificate of insurance as required by this section.

(m) All application fees required by the Township as detailed in the Township fee schedule.

(n) Timing of approval.

(i) Within 10 business days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. The WCF applicant may then resubmit its application, at which point the applicable timeframe for approval shall restart. Any subsequent notice of incompleteness shall be issued within 10 business days of receipt of a resubmitted application and shall toll the applicable timeframe for approval until such time as the application is resubmitted.

(ii) Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(iii) Within 90 days of receipt of an application for a small WCF requiring the installation of a new or replacement wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(iv) If the Township denies an application for a small WCF, the Township shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Township Code on which the denial was based, within five business days of the denial.

(v) The WCF applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review.

(o) Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a 30-day period. If the Township receives more than one consolidated application or 20 single applications within a 45-day period, the applicable timeframe under this section shall be extended by 15 days.

(p) Applications not required. No application shall be required for:

(i) Routine maintenance or repair work.

(ii) The replacement of small WCFs with small WCFs that are substantially similar or the same size or smaller and still qualify as a small WCF.

(iii) The installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, in compliance with the National Electrical Safety Code.

(q) Time, place and manner. Once approved, the Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations.

(r) Attachment to municipal structures. The Township shall allow the co-location of small WCFs to structures owned by the Township in accordance with the hierarchy detailed in this section. If the WCF applicant is proposing the co-location of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that co-location on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the Township's co-location preferences are as follows.

(i) Power poles;

(ii) Traffic signage poles without traffic signals;

(iii) Traffic signal poles;

(iv) Decorative light poles.

41. Obstruction. Small WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right-of-way as determined by the Township.

42. Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Township Zoning Department.

43. Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.

(a) Relocation or removal of facilities. Within 90 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 small WCF in the right-of-way 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:

(i) The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

(ii) The operations of the Township or other governmental entity in the right-of-way;

(iii) Vacation of a street or road or the release of a utility easement; or

(iv) An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Township.

44. Insurance. Each person that owns or operates a small WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small WCF.

45. Reimbursement for right-of-way use. In addition to permit fees as described in this chapter, every small WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each small 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.

46. Removal of equipment.

(a) Within 60 days of suspension or revocation of a permit due noncompliance with this section, the WCF applicant shall remove the small WCF and any related equipment, including the wireless support structure if the WCF applicant's WCF(s) and related equipment.

(i) Are the only facilities on the structure, and the site shall be restored to its previous condition, after receiving adequate notice and an opportunity to cure any noncompliance.

(b) Within 90 days of the end of a permit term or an extension of the permit term, the WCF applicant shall remove the small WCF and any related equipment, including the wireless support structure if the WCF applicant's WCF(s) and related equipment are the only facilities on the structure, and the site shall be restored to its previous condition.