Buffering serves to soften the outline of buildings, to screen glare and to create a visual and/or physical barrier between conflicting land uses. Where a buffer yard is required by the terms of this chapter, it shall comply with the following standards.
A. Required buffers.

(1) Residential uses. New residential developments which abut existing nonresidential uses or districts shall be required to provide a seventy-five-foot-wide buffer yard.
(2) OR Open Recreation District. Any lot or parcel which abuts an OR Open Recreation District shall provide a minimum one-hundred-foot-wide buffer yard measured from the property line or the street line.
(3) A-O Apartment-Office District. For purposes of meeting the buffer yard requirements of the chapter, vacant land zoned A-O Apartment-Office District shall be considered zoned for residential use.
 

B. Existing buffer. All existing deciduous and coniferous trees larger than two inches in caliper and/or six feet in height may be considered to contribute to the definition of an existing buffer on the property. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer yard except where clearance is required to ensure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.

C. Plant material. All buffer yards shall include a dense screen planting of trees, shrubs and hedges. Such screen planting shall be in accordance with the following:

(1) Buffer yards required for the C, CS, GB and M-1 Zoning Districts shall meet one of the following planting options.

(a) Option 1: one canopy tree per 40 feet; plus one evergreen tree per 20 feet; plus one shrub per four feet.
(b) Option 2: one flowering tree per 40 feet; plus one evergreen tree per 20 feet; plus one evergreen hedge on lot line (three-foot centers except as noted in § 500-2605F).
(c) Option 3: one flowering tree per 40 feet plus; one evergreen tree per 20 feet; plus one berm four feet high.

(2) Buffer yards required for zoning districts or uses other than as specified in § 500-2605C(1) above shall meet one of the following planting options:

(a) Option 1: one canopy tree per 40 feet; plus one flowering tree per 60 feet; plus one evergreen tree per 60 feet.
(b) Option 2: one canopy tree per 40 feet; plus one flowering tree per 60 feet; plus one evergreen hedge on lot line (three-foot centers except as noted in § 500-2605F).
(c) Option 3: one flowering tree per 40 feet; plus one evergreen tree per 25 feet.

(3) For each planting option, any of the plant materials outlined in § 500-2605F may be utilized. Minimum plant size, given either in height or in caliper, is indicated in this section. The Middletown Township Planning Commission may permit other plant types if they are hardy to the area, are not subject to blight or disease and are of the same general character and growth habit as those listed in § 500-2605F. All plant material shall meet the standards of the American Association of Nurserymen.
(4) The screen planting shall provide an effective barrier to noise, visibility, airborne particles and glare and shall be approved by the Middletown Township Planning Commission.
(5) The screen planting shall be maintained permanently (and any plant material which does not live shall be replaced within one year).
(6) The screen planting shall be so placed that at maturity it will not be closer than five feet to any street or property line.
(7) The screen planting shall comply with § 500-2308: Traffic visibility across corners, Traffic visibility across corners.
(8) All berms shall have slopes less than four horizontal to one vertical.
(9) The screen planting shall be broken only at points of vehicular or pedestrian access.
(10) Planting design. It is encouraged that plant materials in buffer yards be planted in natural clusters that will give privacy but do not block views or vistas. The exception shall be commercial or industrial uses bordering residential uses. Here a dense, visual screen is required.
 

D. General requirements.

(1) The buffer yard may overlap the required front, side or rear yards and, in case of conflict, the larger yard requirements shall apply.
(2) All buffer yards shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
(3) No structure, manufacturing or processing activity, parking or storage of materials shall be permitted in the buffer yard.
 

E. Exemptions. No screen shall be required along arterial streets and railroad rights-of-way which form district boundary lines, provided that:

(1) The front of the building faces the boundary line.
(2) No outdoor manufacturing or processing activity (other than delivery and shipment of materials) and no outdoor storage of materials shall be so located as to be visible from the adjacent agricultural, residential or recreational uses or districts.
 

See § 500-2605F for detailed list of plant materials.

The height of buildings is regulated to prevent loss of life or excessive property damage through the inability of fire equipment to reach upper stories or roofs. Therefore, no building shall exceed the maximum building heights specified in Article IV: RA-1 Residence Agricultural District through Article XXI: AQC Age-Qualified Community District, except church spires, belfries, silos, water towers, solar energy systems, WECS, antennas, television towers, masts, aerials, flagpoles or other structures necessary for providing water, electricity, heat, cooling, radio or similar facilities, provided they are not used for human occupancy and are set back 1.5 times their height (from ground level to the top of the structure) from other buildings or property lines. However, this setback requirement does not apply to a tower or antenna associated with a telecommunications facility.

A. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation or to property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.

B. No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grains per cubic foot of the carrying gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.

No dwelling shall hereafter be erected unless there is direct access to it through an open space on the same lot. Such open space shall not be less than 25 feet in width and shall extend from the dwelling to a public street, private street, road or way which has a right-of-way width of not less than 50 feet and which has been offered to the Township for dedication. This access requirement is in addition to, not in place of, the minimum lot width requirement which is measured at the required building setback line.

Jurisdiction.
Unless otherwise provided by law or in this chapter, no building or structure shall be constructed, erected or extended, and no building, structure or land shall be used or occupied, except for the purposes permitted herein.

Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the Zoning Officer may institute in the name of the Township any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

See Article XXXIV: Enforcement for more information.

The following requirements shall apply to all land uses:

A. No highly flammable or explosive or toxic liquids, solids or gases shall be stored in bulk above ground, except tanks or drums of fuel directly connected with energy devices, heating devices or appliances located and operated on the same lot as the tank or drums of fuel. This provision shall not apply to fuel storage and distribution uses permitted in the M-1 District.

B. Storage of flammable or combustible materials and fuels shall meet the standards of the National Fire Protection Association (NFPA 58), Pennsylvania State Police, Fire Marshal Division (Chapters 11 and 13 of Title 37 of the Pennsylvania Code), applicable Building Officials and Code Administrators (BOCA) standards, as adopted by the Township, and if stored below ground, the standards of the Pennsylvania Department of Environmental Protection. Prior to the issuance of a zoning permit, approval from the Township Fire Marshal must be obtained.

(1) Residential land uses. No tank or drum of fuel oil or compressed gases (other than those directly connected with energy and heating devices or appliances) shall be located closer than 25 feet to any building or lot line or 50 feet from any street line. Outdoor storage facilities shall be enclosed by an approved safety fence which is adequate to provide security for either the storage tank or property. Such fence shall not exceed six feet in height. The storage tank shall be shielded from view of adjoining residences by either plant material, fencing, building walls or other such materials as may be acceptable to the Zoning Officer. Hedge and shrub plant materials permitted by § 500-2605F of this chapter, which are acceptable to the Fire Marshal with regard to location and type of plant, shall be used to create a visual screen when determined to be necessary by the Zoning Officer to carry out the screening intent of this chapter.
(2) Nonresidential land uses. All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall be protected from encroachment and enclosed by an approved safety fence with a minimum height of seven feet. The storage facility must comply with all applicable yard setbacks and buffer requirements specified for the district. Storage facilities which are located adjacent to residential uses shall be required to shield the storage tanks from view by a planted screen or other materials that are acceptable to the Zoning Officer and Fire Marshal to form a visual screen. Fuel storage and distribution uses shall also comply with all requirements of the M-1 District.

A. Height. The height of fences for residential uses shall be no more than six feet, and the height of fences for nonresidential uses shall be no more than eight feet, except where this chapter or other ordinances, statutes or regulations require a greater height.

B. Construction.

(1) Every fence shall be constructed in a neat and orderly manner, of materials which are not intrinsically unsightly.
(2) No electrified or barbed wire fence shall be erected or maintained, with the following exceptions:

(a) Electrified fences operating on no more than six volts of electricity.
(b) Barbed wire fences used on farms for the restraint of livestock or where required by other ordinances, statutes and regulations.

C. Location.

(1) The distance between the wall of a building and a fence parallel to it shall not be less than five feet.
(2) Fences shall meet the requirements of § 500-2308: Traffic visibility across corners regarding traffic visibility across corners.
(3) In residential or commercial districts, stockade or board-on-board fences shall be located in rear or side yards only. Where a property fronts on more than one street, a fence otherwise satisfying the requirements of this chapter may be erected in the front yard which is not the yard the front of the dwelling faces, provided that it is not located within the required minimum front yard.
(4) All fences must be located eight feet from the physical cartway or, if there is a sidewalk, eight feet from the inner edge of the sidewalk.
 

D. Where required.

(1) Pools. A fence shall be provided around swimming pools in accordance with § 500-2404: Swimming pool .
(2) Ponds. Ornamental ponds for residential uses which are man-made and can hold water of 24 inches or greater in depth shall be completely enclosed by a fence at least four feet high and constructed so as to make climbing by children difficult. Ponds used for agricultural, fire protection or municipal purposes shall be exempt from this fence requirement.
(3) Excavations and quarries. Every quarry, gravel pit and similar permanent excavation which is hazardous to children or to passersby shall be enclosed by a sturdy fence of eight feet in height and constructed so as to make climbing difficult.

No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, substantially improved or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter and all other applicable codes and ordinances such as the Chapter 440: Subdivision and Land Development) and the Middletown Township Building Code (Chapter 190: Construction Standards, Article II: Uniform Construction Code). Zoning and building permits shall be required before any construction or development is undertaken within any area of the Township. In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

A. Purpose.
The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and to protect the tax base by:

(1) Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.
(2) Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.
(3) Requiring all those uses, activities and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(4) Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

B. Warning and disclaimer of liability.

(1) The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages.
(2) This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
 

C. Floodplain classification. See § 500-2603C for detailed information.
D. Use regulations.

(1) The following uses and no others shall be permitted on land in the floodplain where such uses are permitted in the zoning district applicable to such lands:

(a) Tilling of the soil, grazing, pasturing.
(b) Forestry and wood production, excluding storage and mill structures.
(c) Flower and vegetable gardening, outdoor plant nurseries.
(d) Parks, playgrounds and golf courses, exclusive of buildings.
(e) Outlet installations for public sewage treatment plants.
(f) Utility easements.
(g) Water intakes, subject to pertinent regulations of the Pennsylvania Department of Environmental Protection.
(h) Outlet installations for private and industrial wastewater treatment plants.
(i) Quarrying, sand pit, gravel pit.

(2) Applications for any of the above-listed uses or any other development shall be submitted to the Township for its approval.
(3) None of the uses or development activity listed above shall be permitted in the floodway portion of the floodplain district unless the effect of the proposed activity or development on flood heights is fully offset by accompanying stream improvements.

E. Area and design requirements.

(1) Lot area. For purposes of application of regulations for minimum lot area, maximum building coverage, maximum impervious surface ratio and other area and dimensional requirements of this chapter, land in the floodplain shall be excluded from lot area.
(2) Site area. For purposes of application of regulations for minimum site area, maximum density, maximum impervious surface ratio and other area and design requirements of this chapter, land in the floodplain shall be excluded from base site area.

F. Existing structures.

(1) Any existing structure which is to undergo substantial improvement and which is located in the floodplain shall be designed and constructed in accordance with the W1 or W2 floodproofing classes contained in the publication "Flood-Proofing Regulations," United States Army Corps of Engineers, June 1972. Said structure shall also be firmly anchored to prevent flotation, collapse and lateral movement.
(2) No expansion or improvement of an existing structure shall be allowed in the floodway portion of the floodplain district unless the effect of the proposed development on flood heights is fully offset by accompanying stream improvements.

G. Development which may endanger human life. See § 500-2603G for detailed information.
H. Prohibited activities in the floodplain. See § 500-2603H for detailed information.
I.  General floodplain regulations.

(1) Installation of fill materials. Fill may be placed within the limits of the floodplain, subject to the following conditions:

(a) Fill shall consist of soil or rock materials only.
(b) Satisfactory evidence shall be submitted indicating that the cross-sectional area of the floodplain will not be reduced.
(c) Satisfactory evidence shall be submitted indicating that there will be no increase in the potential flood height or increase in flood velocity at, above or below the site due to the proposed fill.
(d) Permission has been obtained for the proposed fill from the Division of Dams and Encroachments of the Pennsylvania Department of Environmental Protection pursuant to the state regulations of water obstructions and from the Township Engineer.

(2) Obstructions. The following shall not be placed in any stream channel or floodplain:

(a) Fences, except two-wire fences.
(b) Other structures or other matter which may impede, retard or change the direction of the flow of water in such stream channel or floodplain, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream or floodwaters would carry the same downstream to the damage or detriment of property adjacent to the stream or floodplain.

(3) State regulations. No encroachment into or alteration or relocation of any watercourse shall take place unless a permit has been secured from the Pennsylvania Department of Environmental Protection, Bureau of Dam Safety, Obstructions and Stormwater Management, and notification of the proposed alteration, encroachment or relocation has been given to all adjacent communities, and copies of the notification(s) have been sent to the Pennsylvania Department of Community and Economic Development and the Federal Insurance Administration.

(4) For any new structure or substantially improved structure located on a parcel, if that parcel is located in part or in whole within the floodplain, then, upon completion of construction, there shall be filed with the Township Zoning Officer a flood elevation certificate, prepared by a licensed engineer and/or licensed surveyor, and an as-built plan showing the structure on the parcel, with vertical datum and elevations.

J. Disposition. See § 500-2603J for detailed information. 
K. Variances. See § 500-2603K for detailed information.

A. A front yard of not less than 50 feet shall be provided on all lots abutting an officially designated state highway, subject to Subsection B below.
B. A proposed building may be constructed nearer to the street than the required minimum front yard depth under the following conditions:

(1) There shall be existing buildings on the lots on either side of the lot which would contain the proposed building.
(2) The proposed building would front on the same side of the same street in the same block as the existing buildings on lots on either side.
(3) The existing buildings on the lots on either side would be no greater than 50 feet from the proposed building.
(4) The proposed building may be constructed at a front yard depth that is not less than the average of the front yard setbacks of the existing buildings on the lots on either side.
(5) In no case shall the front yard of the proposed building be less than 20 feet.

A. Utilities. All units shall be served by public water and public sewer. All utilities including water and sewer shall be in accordance with the provisions of the Subdivision and Land Development Ordinance (Chapter 440: Subdivision and Land Development).

B. Common area and facilities. Designated open space shall be restricted from further subdivision development by declaration and duly recorded in the office of the Recorder of Deeds of Bucks County. Required open space may be owned by a homeowners' or condominium association, the Township, or may remain in private ownership.

C. Roads. Roads within the proposed development shall be gated and private and shall be owned and maintained by a homeowners' or condominium association. All roads shall be constructed to Township standards for public residential streets, except that all such streets within the proposed development shall have a minimum cartway width of 24 feet. The Board of Supervisors may impose parking restrictions on one or both sides of such streets. A utility easement area shall be provided along all streets to provide suitable area for the location of utility lines.

D. A pedestrian circulation system shall be provided as an integral part of the proposed development. The pedestrian circulation system shall include any one or a combination of sidewalks, pathways and trails to provide reasonable access to all neighborhoods, recreation, shopping or other destination within and adjacent to the proposed development.

E. Unit occupancy. At least one occupant of each dwelling unit shall be 55 years of age or older. No person under the age of 19 shall occupy a dwelling for more than two weeks in a calendar year.

F. Declaration of age qualification. Subsequent to the approval of the plan for the first phase of the development, but prior to the recording of the plan, developers shall each record a declaration against their respective portions of the tract, in a form acceptable to the Township Solicitor, binding all properties and owners to the restriction which shall require one occupant of an individual dwelling unit within the proposed development to be 55 or older, and which shall require that any residents of an individual dwelling unit within the proposed development under the age of 19 years old shall not reside for more than two weeks in any calendar year.

G. The Township Police Department shall be given the right to enforce the provisions of the Pennsylvania Motor Vehicle Code on streets throughout the development.

H. No single-wide or double-wide mobile homes shall be permitted as part of this development.

I. All units must have garages for the parking of at least one vehicle, which cannot be used for storage or converted to additional living space. This restriction to be included in the declaration of covenants, easements and restrictions.

No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. In general, lighting fixtures that shield the reflector or lens or any high brightness surface from viewing angles above 60° from horizontal shall be utilized.

No use shall produce heat perceptible beyond its lot lines.

Unless otherwise required by Middletown Township, the landowner shall maintain a general liability policy covering bodily injury and property damage with a minimal limit of at least $1,000,000 per occurrence and a minimum of $1,000,000 in the aggregate for any aboveground, aerial-mounted, or wind energy system alternative or emerging energy facility. Certificates of insurance shall be made available to Middletown Township upon request.

A. No lot, parcel or tract of land shall be used and no building or structure shall be erected, altered or remodeled for any of the following uses: the manufacture of heavy chemicals, including, but not limited to, acids or other corrosives, ammonia, caustic soda, and sulfuric detergents, fertilizers; the manufacture or production of metals and alloys in ingot form; the manufacture or production of cement, plaster, cork and other constituents, matches, paints, oils, varnishes, lacquer, basic raw polymer manufacture of rubber; the curing and tanning of hides; and, except as provided herein, the storage of fuels or explosive materials in bulk.

B. No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically licensed by the Commonwealth of Pennsylvania or are used as customarily incidental to the operation of a principal use in such quantities and in a manner conforming with the applicable performance standards set forth in Article XXV: Nuisance Standards of this chapter. Such materials shall include, but shall not be limited to, all primary explosives such as lead azide, lead stypnate, fulminates and tetracene; all high explosives, including but not limited to TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, including, but not limited to, nitrocellulose, black powder, boron hydrides, hydrazone and its derivatives; pyrotechnics and fireworks, including, but not limited to, magnesium powder, potassium chlorate and potassium nitrate; blasting explosives, including, but not limited to, acetylides, tetroles, perchloric acid, perchlorates, chlorates, hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements, including, but not limited to, uranium 235 and plutonium 239.

C. All activities involving the manufacturing, fabrication, assembly, disassembly, repairing, storing, cleaning, servicing and testing of materials, goods or products shall be operated in such a manner as to comply with applicable performance standards in accordance with Article XXV: Nuisance Standards of this chapter and other pertinent ordinances governing noise, vibration, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, glare or heat; and no use already established on the effective date of this chapter shall be so altered or modified as to conflict with or further conflict with such applicable performance standards.

An existing lot that complies with the area and dimensional standards of this chapter shall not be reduced in size so that the minimum lot area and/or dimensional requirements of this chapter are no longer met. An existing lot that does not comply with the minimum lot area standards of this chapter shall not be subdivided. A lot that does not comply with the minimum dimensional standards shall not be subdivided so as to further reduce the nonconforming standard or create a new nonconforming condition.

All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling or clearing of any natural resources prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap. The following natural resources shall be protected:
 

A. Floodplain. Areas identified as within the floodplain of the one-hundred-year recurrence interval flood shall not be altered, regraded, filled or built upon except in conformance with § 500-2603: Floodplain regulations, of this chapter. For areas designated as "approximate one-hundred-year floodplain" along streams and watercourses where the one-hundred-year floodplain (with a floodway and flood-fringe) has not been delineated, the requirements of floodplain soils shall be met. Minor road crossings may be permitted in the floodplain where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available.

B. Floodplain soils. All such areas shall not be altered, regraded, filled or built upon except in conformance with § 500-2603: Floodplain regulations, of this chapter. Minor road crossings may be permitted in floodplain soils where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Floodplain soils shall not be used where the one-hundred-year floodplain (with a floodway and flood-fringe) has been delineated.

(1) Studies prepared by a registered engineer or expert in the preparation of hydrological studies may be used to delineate the one-hundred-year floodplain with a floodway and flood-fringe in place of areas designated as "floodplain soils" and "approximate one-hundred-year floodplain." Such hydrological studies shall be subject to the review and approval of the Board of Supervisors on the recommendation of the Township Engineer.
 

C. Steep slopes. In areas of steep slopes, the following standards shall apply:

(1) Eight percent to 15%: No more than 50% of such areas shall be altered, regraded, cleared or built upon.
(2) Fifteen percent to 25%: No more than 30% of such areas shall be altered, regraded, cleared or built upon.
(3) Twenty-five percent or steeper: No more than 15% of such areas shall be altered, regraded, cleared or built upon.
(4) Areas of steep slope that are less than 3,000 square feet shall be exempted from these standards.
 

D. Woodlands. The following standards shall apply to woodlands:

(1) Woodlands in environmentally sensitive areas. No more than 20% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared or built upon. Environmentally sensitive areas shall include floodplains, floodplain soils, steep slopes, wetlands, wetland margins and lake or pond shorelines.
(2) Other woodland areas. No more than 50% of woodlands which are not located in environmentally sensitive areas [as defined in § 500-2601D(1) above] shall be altered, regraded, cleared or built upon. However, where more than 20% of such woodlands are altered, regraded, cleared or built upon, the following requirements shall be met:

(a) The woodland area removed in excess of 20% shall be replaced at a rate of 100 trees per acre.
(b) Several species of trees shall be utilized and all trees shall be 2.5 inches in caliper minimum. The replanted trees shall be similar in species to the trees that were removed.
(c) Trees shall be planted in a random pattern forming continuous canopies; at least 1/2 of the required replacement trees shall be planted in one continuous canopy.
(d) Replanting shall be done in accordance with a plan prepared by a licensed landscape architect. The replanting plan shall be approved by the Middletown Township Planning Commission and the Board of Supervisors.
(e) Replanting shall occur on site. However, the Board of Supervisors may permit trees to be replanted off site on another property within Middletown Township where on-site replanting is deemed impractical.
(f) All tree replanting areas shall be deed-restricted from future tree removal.
(g) Buffer plantings and landscaping required by this chapter or Chapter 440: Subdivision and Land Development shall not be counted towards meeting this replanting requirement; however, replacement trees may be planted in buffer yards to supplement the required buffer plantings.
 

E. Tree protection zone. Such areas shall not be altered, regraded, compacted or built upon, nor used for storage or parking of vehicles.

F. Watercourses. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where design approval is obtained from the Township and, if required, the Pennsylvania Department of Environmental Protection.

G. Wetlands. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where state and federal permits have been obtained.

(1) Delineation.

(a) Wetlands boundaries shall be delineated through an on-site assessment, which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Township. The study must be approved by the Board of Supervisors on the recommendation of the Township Engineer.
(b) In the event that a wetlands delineation validated by the United States Army Corps of Engineers is shown to vary from the wetlands boundary derived from § 500-2601G(1)(a) above, the Corps' delineation will govern.

(2) Federal and state regulations. In addition to the requirements above, any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.
 

H. Wetlands margin. No more than 20% of such areas shall be altered, regraded, filled or built upon. In addition, any Department of Environmental Protection' regulations under Chapter 105, concerning activities in wetlands margins, shall be met.

(1) For the purposes of this chapter, the wetlands margin shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is less. The limit of hydric soils shall be as mapped in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, United States Department of Agriculture, Natural Resources Conservation Service, July 1975, unless reclassified by a certified soil scientist.
 

I. Lakes and ponds. Such areas shall not be altered, regraded, filled, piped, diverted or built upon.

J. Lake and pond shorelines. For the purposes of this chapter, lake and pond shorelines shall be measured 100 feet from the spillway crest elevation. No more than 20% of such areas shall be altered, regraded, filled or built upon.

See § 500-2602: Application of natural resource protection standards for more information.

Continuation.
The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or in the case of an amendment to this chapter, then at the time of such amendment, may be continued except as hereinafter provided, although such use or structure does not conform to the provisions of this chapter or subsequent amendments.

Nonconforming lots.

A. A building may be erected on a vacant lot which is not of the required area or width, provided a certificate of nonconformance has been issued for that lot by the Zoning Hearing Board in accordance with the following:

(1) A certificate of nonconformance shall be issued for a vacant lot which has been held in single and separate ownership since the effective date of the lot area and width requirements applicable to that lot.
(2) If two or more contiguous vacant lots are in a single ownership as of or subsequent to the effective date of this chapter, these lots shall be consolidated to minimize the nonconformity.

B. If a building is erected or altered on a vacant lot pursuant to a certificate of nonconformance, that building must comply with all applicable area and design requirements except minimum lot area or width. Any other deviation from those requirements shall be permitted only by variance.
C. Additions to buildings that already exist on a lot that does not have the required minimum area or width for the underlying zoning district may be permitted, subject to compliance with the following procedure:

(1) Landowner shall submit an application for registration of a nonconforming lot with the Zoning Officer.
(2) Landowner shall establish by submission of chain of ownership records that the lot has been owned in single and separate ownership since the effective date of the lot area and width requirements for the underlying zoning district.

D. Satisfaction of this requirement shall be solely within the jurisdiction of the Zoning Officer.

Extension of nonconforming uses and structures.

A. A structure that does not conform with the area, dimensional, parking, buffer, environmental and any other requirements of the district and this chapter may be extended by right along the building lines of the existing nonconformity in keeping with all other applicable requirements of this chapter.
B. A use that does not conform to the use regulations of the district in which it is located may be extended by special exception, provided that:

(1) The proposed extension shall take place only upon the lot or contiguous lots held in single and separate ownership at the time the use became nonconforming. Permission to extend a nonconforming use as described in this article shall be construed to mean that a new use or uses may be established. A nonconforming use, including off-street parking areas for such use, shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.
(2) The proposed extension shall conform with the setback, yard, area, dimensional, building height, parking, buffer, sign, environmental and other requirements of the district in which said extension is located, except as permitted in Subsection A above.
(3) Any increase in building or floor area shall not exceed an aggregate of more than 50% of the building or floor area, whichever is less, existent at the date the use became nonconforming. Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for any increase in building or floor area under this chapter. A structure which is nonconforming in terms of height shall not be extended to increase the height.

Restoration.

A nonconforming building or any building containing a nonconforming use, wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed, provided that:
A. A reconstructed building which contained a nonconforming use shall be used for the same nonconforming use except in accordance with § 500-2907: Use changes.
B. The reconstructed building shall not exceed in height, area and volume the building destroyed or condemned, except in accordance with § 500-2904: Extension of nonconforming uses and structures.
C. Reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
 

Abandonment.
If a nonconforming use of a building or land is abandoned for a continuous period of one year, subsequent use of such building shall be in conformity with the provisions of this chapter. For the purpose of this chapter, abandonment shall commence when the nonconforming use ceases.

Use changes.

A. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:

(1) Such change shall be permitted only as a special exception by the Zoning Hearing Board.
(2) The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
(3) The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:

(a) Traffic generation and congestion, including truck, passenger car, and pedestrian traffic.
(b) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(c) Storage and waste disposal.

(d) Appearance.

B. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

A. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals," October, 1, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.

B. § 500-2504A above shall not apply to odors normally created as part of an agricultural or horticultural use, except that no animal waste produced off the property shall be stockpiled unless processed to eliminate all offensive odors.

Residential developments shall provide areas of open space and recreation space as required by this chapter and as required by § 440-424: Recreation areas and community facilities. of Chapter 440: Subdivision and Land Development of this Code. This required open space and recreation space shall meet the following standards:

A. Open space and recreation space shall not include land occupied by nonrecreational buildings or structures, roads or road rights-of-way, easements, parking lots for nonrecreational uses, land reserved for future parking lots for nonrecreational uses, or stormwater detention basins or retention basins, nor shall it include the yards or lots of dwelling units.

B. The open space and recreation space shall be laid out in accordance with the best principles of site design. It is intended that the open space and recreation space shall be as close to all residences as possible, with greenways and paths leading to major recreation spaces. Major recreation areas shall be located to serve all residents. The open space and recreation space is most needed in areas of highest density. The intent is to provide open areas as close to the individual unit as possible.

C. Active recreation land. While some of the open space and recreation space may be required for resource protection, it is intended that a portion of the open space be usable for active recreation. Therefore, at least 1/2 of the required open space or recreation space shall not be restricted by natural resources, as defined in § 500-2601: Natural resource protection standards. The following standards shall apply to the design of the active recreation land:

(1) Areas set aside for active recreation shall be of adequate size and configuration to accommodate the intended use. The active recreation land shall not include narrow or irregular pieces of land which are remnants from lotting or the layout of streets and parking areas.
(2) If the amount of required active recreation land is 25,000 square feet or less, the active recreation land shall be provided as one contiguous area. If the amount of required active recreation land is greater than 25,000 square feet, the active recreation land may be divided into several areas; however, each such area shall be at least 25,000 square feet in size and shall be contiguous.
(3) In general, the depth of the active recreation land shall not be less than one nor more than 2.5 times its width.
(4) The slope of the active recreation land shall not exceed 2%. Compliance with this slope requirement may be achieved through regrading, in keeping with applicable natural resource protection standards.
(5) At least one side of the active recreation land shall abut a street for a minimum distance of 50 feet.
(6) Active recreation land shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.
 

D. A method of physically delineating private lots from common open space and recreation space areas shall be provided. Such method may include shrubbery, trees, markers or other method acceptable to the Township.

E. The type of facilities to be provided and the extent of proposed improvements shall be noted on the plans, including a planting plan and schedule.

F. Each developer shall provide a plan or other material as required to establish the method by which open space shall be perpetuated, maintained and administered. Such plan or other material shall meet the requirements of § 440-423: Open space in subdivisions, residential developments and mobile home parks , Open space in subdivisions, residential developments and mobile home parks, of Chapter 440: Subdivision and Land Development. The plan and other materials shall be construed as a contract between the landowner(s) and the municipality and shall be noted on all deeds.

G. All impervious surfaces within open space and recreation areas shall be countable as part of the total impervious surface ratio for the development.

H. The open space and recreation space shall be consistent with the recommendations of the Middletown Township Recreation, Parks and Open Space Plan, as amended.

Apparatus needed for the operation of active and passive solar energy systems (including but not limited to overhangs, movable insulating walls and roofs, detached solar collectors, reflectors and piping), ground-story bays, porches and chimney flues may project into required yard areas no more than four feet. Such projections into the required minimum yard areas shall not occupy more than 1/3 the length of the building wall. Cornices and gutters may project no more than two feet over a required yard. Fire escapes may be permitted in accordance with this section in side or rear yards only.

A. The purpose of this section is to promote the educational, cultural, economic and general welfare of Middletown Township by:

(1) Identifying and preserving the distinctive historic, architectural, archaeological and geological characteristics of Middletown Township which represent elements of the Township's cultural, social, economic, political and architectural history.
(2) Fostering civic pride in the beauty and noble accomplishments of the past as represented in Middletown Township's landmarks and historic sites.
(3) Conserving and improving the value of property designated as landmarks or historic sites or designated as significant archaeological or geological sites.
(4) Protecting and enhancing the attractiveness of the Township to home buyers, tourists and visitors and thereby supporting and promoting business, commerce, industry and providing economic benefit to the Township.
(5) Fostering and encouraging preservation, restoration and rehabilitation of structures, areas, sites and neighborhoods.
 

B. Criteria. The Board of Supervisors shall rely upon the recommendations of the Historic Preservation Commission to make a determination as to whether a building, structure or site should be preserved, based upon whether or not the building, structure or site meets one of the following criteria:

(1) Its character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country.
(2) Its location as a site of a significant local, county, state or national event.
(3) Its identification with a person or persons who significantly contributed to the development of the community, county, state or country.
(4) Its embodiment of distinguishing characteristics of an architectural style valuable of the study of a period, type, method of construction or use of indigenous material.
(5) Its identification as the work of a master builder, designer architect or landscape architect whose individual work has influenced the development of the community, county, state or country.
(6) Its embodiment of elements of design, detailing, materials or craftsmanship that render it architecturally significant.
(7) Its embodiment of design elements that made it structurally or architecturally innovative.
(8) Its unique location or singular physical characteristics that make it an established or familiar visual effect.
(9) Its suitability for preservation or restoration.
(10) Its inclusion in the list of structures identified as historic resources in the Middletown Township Comprehensive Plan.
 

C. Identification of buildings, structures and sites. Any application and the accompanying plans submitted to the Township for review for whatever reason shall specifically identify any building, structure or site which meets any of the criteria set forth above, in Subsection B(1) through Subsections B(10), inclusive.

D. Standards for review. The Township Board of Supervisors shall be guided by the following general standards in the event that the Historic Preservation Commission determines that a building, structure or site meets any of the criteria herein:

(1) Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended purpose.
(2) The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural, archaeological or geological features shall be avoided when possible.
(3) All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged.
(4) Changes that may have taken place in the course of time or evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building's structure or site shall be treated with sensitivity.
(6) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new materials should match the materials being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sand blasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8) Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
(9) Every reasonable effort shall be made to protect and preserve the site of a significant local, county, state or national event.
(10) Every reasonable effort shall be made to protect and preserve a site which has historical significance, heritage or cultural characteristics embodied within the community, county, state or country.
(11) Every reasonable effort shall be made to protect and preserve significant geological sites affected by or adjacent to any project.

A. Shading.

(1) No structure, whether principal use or accessory use; and no coniferous plant materials, whether trees, shrubs or other; and no permanently fixed equipment shall be of such a height that it would cast a shadow during daylight between 9:00 a.m. and 3:00 p.m. on the winter solstice (the shortest day of the year) on any solar gathering component of an existing or proposed solar energy system or on the southward face of another building at the wall and/or at the roofline or the buildable area of a parcel if no building exists.
(2) Buildings shall be built incorporating an overhang, awning, deciduous trees, or other methodology that casts a shadow on all fenestration on the southward exposure of the building during daylight between 9:00 a.m. and 5:00 p.m. (daylight saving time) on the summer solstice (the longest day of the year).
 

B. Landscaping.

(1) All required landscaping, street trees, and buffers shall be provided in accordance with the regulations for the zoning district in which the project is located and in accordance with the Subdivision and Land Development Ordinance as applicable.
(2) Prevailing winds are to be identified, and landscaping shall be positioned to provide a windbreak for any occupied building.
(3) Street trees shall be placed considering solar access and shading.
(4) Coniferous trees shall be placed on the north side of a structure to provide a windbreak in the winter, and deciduous trees shall be placed on the south side of structures to provide shading in the summer and solar energy access in the winter.
(5) All landscape berms shall be on the north side of any occupied building upon a lot.
 

C. Cool/green roofs.

(1) The use of green roofs and cool roofs on nonresidential, flat, or slightly sloped (0° to 30° pitch) roofed buildings and structures is encouraged to supplement measures to reduce energy consumption, reduce heat island effects, and provide other environmental benefits such as a reduction in stormwater runoff.
(2) Cool roofs shall have a solar reflectance index of 50 or greater in accordance with the Cool Roof Rating Council and ANSI/CRRC S100 (2016), Standard Test Methods for Determining Radiative Properties of Materials.
(3) Green roofs shall include vegetation on at least 50% of the roof area of all buildings in the project and shall use only drought-tolerant landscaping. Green roofs shall be installed in accordance with ANSI standards for fire, wind uplift, and root repellency (ANSI/SPRI VF-1, ANSI/SPRI RP-14 and ANSI/SPRI VR-1.)
See § 500-2905: Bonus provisions for available bonus provisions.
 

D. Green walls/living walls.

(1) The use of green walls, interior or exterior, is encouraged to supplement measures to reduce energy consumption and heat island effects and provide other environmental benefits such as improved air quality.
(2) Green walls may be modular or soilless types.
 

E. Thermal mass walls.

(1) The use of thermal mass walls is encouraged to supplement measures to reduce energy consumption in combination with renewable energy sources and other passive energy reduction strategies as outlined in this article.
(2) In accordance with the 2018 Pennsylvania Alternative Residential Energy Provisions, as published by the Pennsylvania Housing Research Center, and the Pennsylvania Energy Code, thermal mass walls must have an R value of 8 or an R value of 13, when more than half the insulation is on the interior.

This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if upon petition of the public utility corporation the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the public utility corporation and the municipality in which the building or proposed building is located have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.

Radioactivity and electrical disturbance. There shall be no activity which emits dangerous or harmful radioactivity. There shall be no electrical disturbance adversely affecting the operation of any equipment beyond the property line of the creator of such disturbance.

No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the United States Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any thirty-minute period.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.

A. Purpose and intent. The stormwater runoff peak rate districts are those delineated and defined in § 440-406H of Chapter 440: Subdivision and Land Development and are included in the Neshaminy Creek Watershed Stormwater Runoff Peak Rate Districts, § 500-2203: Neshaminy Creek Watershed Peak Rate Districts of this article. The remainder of Middletown Township, excluding the Neshaminy Creek Watershed, shall also be excluded in an overlay district for stormwater runoff. The land development and disturbance activities are controlled by the underlying zoning district regulations and by the provisions for the stormwater runoff districts for all areas except Neshaminy Creek Watershed, as defined in this section. Land development and disturbance activities shall also be subject to the water quality requirements described in § 440-406G of Chapter 440: Subdivision and Land Development.

B. Classes of zoning districts.

(1) In order to carry out the provisions of this section, there is hereby created and established a stormwater runoff overlay district made up of the following zones:

(a) Stormwater runoff district zones:

RR-1 - 100% release rate district

(2) All areas of the Township not included in the Neshaminy Creek Watershed are in the RR-1 District.
 

C. Uses subject to other regulations. Uses permitted by right, as a special exception, or as a conditional use shall be subject to the use regulations and the stormwater management regulations of § 440-406: Stormwater management of Chapter 440: Subdivision and Land Development. No zoning permit shall be issued until a stormwater management plan, if required, has been submitted and approved by the Township.

D. Regulated activities.

(1) The following activities are considered as "regulated activities" which are subject to the stormwater management provisions:

(a) Subdivision and/or land development.
(b) Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
(c) Construction of new buildings or additions to existing buildings.
(d) Diversion or piping of any natural or man-made stream channel.
(e) Installation of stormwater systems or appurtenances thereto.
 

(2) Exemptions to regulated activities. All improvement activities for all parcels, including improvements to existing activities or other facilities, including, but not limited to, parking areas, are subject to the stormwater management regulations specified in § 440-406: Stormwater management of Chapter 440: Subdivision and Land Development. Due to limited impact on stormwater runoff, the following activities are exempt from stormwater management plan preparation requirements; however, stormwater associated with any activity must be managed in a manner specified in § 440-406: Stormwater management of Chapter 440: Subdivision and Land Development. Any regulated activity which would create less than 2,500 square feet of additional impervious cover is exempt from the stormwater management plan preparation provisions of this section. This criterion shall apply to the total proposed development even if the development is to take place in stages. Any area proposed for gravel or crushed stone, etc., shall be considered to be impervious for purposes of this section. The Township may require plan preparation and submission of the individual lot grading plan in connection with zoning permit applications in order to promote the purposes of the stormwater management provisions.

(a) Agricultural operations exclusion. Any land disturbance associated with agricultural activities operated in accordance with a conservation plan or erosion and sedimentation control plan or erosion and sedimentation control plan approved by the Bucks County Conservation District or the United States Department of Agriculture Natural Resources Conservation Service is exempt from the stormwater management provision of this section.

(b) Forest management operations exclusion. Any land disturbance associated with forest management operations which are following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and operating under an adequate erosion and sedimentation control plan approved by an applicable agency is exempt from the stormwater management plan preparation provision of this section.

(c) Mining operations exclusion. Any land disturbance associated with mining operations approved and operated in accordance with all applicable rules and regulations of the Department of Environmental Protection and operating under an erosion and sedimentation control plan approved by applicable agency.

(d) Use of land for gardening for home consumption.
 

E. Environmental performance standards.

(1) Stormwater. All land development and disturbance activities located in stormwater runoff districts delineated in § 500-2204B, Classes of zoning districts, shall control the stormwater runoff generated in accordance with the requirements of the stormwater management provisions contained in Chapter 440: Subdivision and Land Development.
(2) Soil erosion and sedimentation. All land development and disturbance activities located in the stormwater runoff districts delineated in § 500-2204B, Classes of zoning districts, shall protect streams, lakes, ponds and watercourses from sedimentation damage and control erosion in accordance with the requirements of Chapter 440: Subdivision and Land Development, § 440-407: Erosion and sedimentation control and Pennsylvania Code Chapter 102, Erosion Control, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection.
 

F. Floodplain regulations. No encroachment, alteration or improvement of any kind shall be made to any watercourse channel located in the stormwater management districts delineated in Subsection B, Classes of zoning districts, until all adjacent municipalities which may be affected by such action have been notified by the applicant, approvals have been obtained in accordance with the stormwater management provisions of § 440-406: Stormwater management of Chapter 440: Subdivision and Land Development and the requirements of the Pennsylvania Department of Environmental Protection, Bureau of Dams and Waterway Management.

G. Zoning Officer; duties and powers. Receive, examine and process stormwater management plans along with the stormwater management provisions of § 440-406: Stormwater management of Chapter 440: Subdivision and Land Development.

H. Application requirements for zoning permits. All applications for zoning permits shall include stormwater management plans, if required, in accordance with the Township's stormwater management provisions stated in § 440-406: Stormwater management of Chapter 440: Subdivision and Land Development.

A. The design of the alternative or emerging energy facility shall conform to applicable industry standards, including those of the American National Standards Institute, National Underwriters' Laboratories, ASTM, National Electrical Code^®, or other pertinent certifying organization, in addition to the Uniform Construction Code, Chapter 5, Part 1, and/or other pertinent codes adopted by Middletown Township. The manufacturer's specifications shall be submitted as part of the permit application.

B. Maintenance. The landowner is responsible for maintaining the system in a safe and operable condition for the life of the system. The landowner shall consult with a qualified inspector every 12 months to determine if the alternative and emerging energy facility is operating in accordance with the specifications of the manufacturer. A copy of the report shall be submitted to Middletown Township, and Middletown Township shall have the right to inspect. Any noted deficiencies are to be corrected to maintain the system in operable condition unless the intent is to decommission the system in accordance with § 500-2909: Decommissioning.

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

D. Aboveground alternative and emerging systems shall not display advertising, except for reasonable identification of the manufacturer.

E. On-site transmission, distribution, and power lines between an alternative and an emerging energy facility and the structure utilizing the energy shall be placed underground.

F. Aboveground alternative and emerging energy systems shall not be combined with other support towers or accessory structural components that are devoted to, or utilized by, public or private utilities.