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Township of Millcreek, PA
Erie County
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Table of Contents
Table of Contents
A. 
An adult bookstore, adult motion-picture theater, adult drive-in movie theater, adult mini-picture theater, massage parlor, bath house and all other adult entertainment and adult-oriented uses authorized by this chapter shall be located so as not to be less distant than:
(1) 
One thousand feet from the nearest property line of any other adult bookstore, adult motion-picture theater, adult drive-in movie theater, adult mini-picture theater, massage parlor, bath house and all other adult entertainment and adult-oriented uses;
(2) 
One thousand feet from the nearest property line of any church, school, other institution of learning or education, hospital, library, park or playground; and
(3) 
Three hundred feet from the nearest property line of any premises zoned for residential purposes, this including all residential districts.
B. 
No property, building or structure shall be used as an adult book store, adult motion picture theater, adult drive-in movie theater, adult mini-picture theater, massage parlor, bath house, bottle club, BYOB club and/or other adult entertainment or adult-oriented establishment without a certificate of occupancy for the proposed use first being issued, and the use thereafter shall comply with the terms of the issued certificate of occupancy absent a properly issued amendment thereof. In addition to other requirements established in this chapter, an application for certificate of occupancy for such establishment must identify the owner(s) and lessee(s) of the premises and the person(s) responsible for the management and conduct of the business.
C. 
All adult-oriented establishments and adult entertainment establishments shall at all times comply with the regulations imposed on such uses under the Pennsylvania law, including but not limited to those established in 68 Pa.C.S.A. § 5501 et seq., as may be amended.
D. 
Uses authorized under this chapter shall not be deemed to include activities including or fostering prostitution or other activities declared to be violations of federal, Pennsylvania or Township laws or ordinances.
E. 
No person operating an adult entertainment or adult-oriented establishment shall permit or cause to be permitted the display or placement on the building or premises of any document, stock-in-trade or other material of any nature which depicts, describes or relates to specified anatomical areas and/or specified sexual activities and may be viewed form a public street, highway, sidewalk or adjacent property.
F. 
A bottle club or BYOB club shall not be deemed a principal use, the principal use under this chapter to be deemed the principal activity to be conducted on the premises, unless the principal use is for the term as defined in this chapter.
G. 
A use involving the use as a bottle club or BYOB club, where authorized under this chapter, shall be located so as not to be less distant than:
(1) 
One thousand feet from the nearest property line of any other bottle club or BYOB club;
(2) 
One thousand feet from the nearest property line of any church, school, other institution of learning or education, hospital, library, park or playground; and
(3) 
Three hundred feet from the nearest property line of any premises zoned for residential purposes, this including all residential districts.
H. 
All regulations in this chapter governing buffering, planting strips, open areas and off street parking shall be strictly enforced.
[Amended 4-28-2015 by Ord. No. 2015-3]
A. 
Purposes and findings of fact.
(1) 
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance and use of wireless communications facilities in Millcreek Township. While the Township recognizes the importance of wireless communications facilities in providing high-quality communications services to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize adverse visual effects of such facilities through standards set forth in the following provisions.
(2) 
By enacting these provisions, the Township intends to:
(a) 
Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;
(b) 
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;
(c) 
Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;
(d) 
Promote the health, safety and welfare of the Township's residents;
(e) 
Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable, Wi-Fi and other wireless communications facilities; and
(f) 
Minimize 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 such services co-locate their commercial communications antennas and related facilities on existing towers.
B. 
General and specific requirements for non-tower wireless communications facilities.
(1) 
The following regulations shall apply to all non-tower wireless communications facilities (WCF):
(a) 
Non-tower WCF are permitted in all zoning districts subject to the regulations and conditions of this chapter and subject to applicable permitting by the Township.
(b) 
Nonconforming wireless support structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
(c) 
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code, as the same have been adopted by the Township. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(d) 
Wind. All non-tower WCF structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(e) 
Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety and with Chapter 70, Land, Miscellaneous Activities and Regulations, Part 2, Airport Zoning.
(f) 
Public safety communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g) 
Radio frequency emissions. A non-tower WCF shall not, 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.
(h) 
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
[1] 
All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.
[2] 
If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(i) 
Insurance. Each person who 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.
(j) 
Indemnification. Each person that owns or operates a non-tower 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 non-tower WCF. Each person that owns or operates a non-tower 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 non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(k) 
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[1] 
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2] 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[3] 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(l) 
Reservation of rights. In accordance with applicable law and as set forth in more detail in subsequent design and development standards below, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to visual impact, design, and safety standards.
(2) 
The following regulations shall apply to all collocated non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act:[1]
(a) 
Permit required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a construction permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
(b) 
Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.
(c) 
Timing of approval for applications that fall under the WBCA. 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. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's sixty-day review period.
(d) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(3) 
The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:[2]
(a) 
Prohibited on certain structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.
(b) 
Zoning permit required. To the extent permissible by law, 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 zoning permit authorization from the Township. The zoning permit application shall demonstrate that the proposed facility complies with all applicable provisions in this Zoning Ordinance.
(c) 
Historic buildings. No non-tower WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or on that official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.
(d) 
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. 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.
(e) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.
(f) 
Development regulations. Non-tower WCF shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:
[1] 
The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance.
[2] 
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 in the context of such justification on an individual basis.
[3] 
If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(g) 
Security fencing. A security fence having openings not greater than nine square inches and with a minimum height of six feet and a maximum height of eight 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. The Zoning Officer may authorize a fence height up to eight feet without variance relief from general regulations in this chapter being required.
(h) 
Design regulations.
[1] 
Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
[2] 
Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen or band radios, and antennas for the purpose of maintaining television, phone, amateur radio, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.
(i) 
Removal, replacement and modification.
[1] 
The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the numbers of antennas.
[2] 
Any modification to a WCF shall require notice to be provided to the Township, and a supplemental permit approval may be required if the Township determines that the modification is material.
(j) 
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
[2]
Editor's Note: See 53 P.S. § 11702.1 et seq.
C. 
Regulations applicable to all non-tower WCF located in public rights-of-way. In addition to the non-tower WCF regulations set forth in Subsection B, above, all non-tower WCF located in a public right-of-way shall comply with the following regulations:
(1) 
Location. Non-tower WCF in the ROW shall be located or co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Township's approval.
(2) 
Design requirements.
(a) 
WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b) 
Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(c) 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[3]
[3]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(d) 
Equipment location. Non-tower WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
[1] 
In no case shall ground-mounted related equipment, walls, or landscaping be located within two feet of the street cartway or within an easement extending onto a privately owned lot;
[2] 
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township if screening is deemed necessary or appropriate in the circumstances.
[3] 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
[4] 
Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner, promptly or within 10 days after date of Township's notice to do so.
[5] 
Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Township.
(e) 
Relocation and/or removal of facilities. Within 60 days after the date of written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1] 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2] 
The operations of the Township or other governmental entity in the right-of-way;
[3] 
Vacation of a street or road or the release of a utility easement; or
[4] 
An emergency as determined by the Township.
(f) 
Repair, replacement and/or removal of facilities and related equipment.
[1] 
The owner of any WCF or related equipment located within the right-of-way of a public street in the Township shall ensure that any damaged WCF or related equipment is repaired, restored and/or replaced within 60 days after damage or casualty to the same is sustained.
[2] 
The owner of any WCF or related equipment located within the right-of-way of a public street in the Township shall give notice to the Township's Zoning Department within 10 days after such WCF and/or related equipment ceased being used or operational, and shall remove the same from the public right-of-way at owner's sole expense within 60 days after such WCF and/or related equipment ceased being used or operational.
(g) 
Inspections. The Township may inspect facilities within a public right-of-way without any prior notice being given.
D. 
General and specific requirements for all tower-based wireless communications facilities.
(1) 
The following regulations shall apply to all tower-based wireless communications facilities:
(a) 
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(b) 
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 of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.
(c) 
Special exception use. Tower-based WCF are authorized in certain zoning districts as a use on special exception at a height necessary to satisfy their function in the WCF applicant's wireless communications system. A tower-based WCF applicant shall submit an application to the Township Zoning Hearing Board, demonstrating that the proposed facility complies with all applicable provisions in the Township Zoning Code. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area. Such use on special exception is further subject to the provisions of §§ 145-91 through 145-93 and 145-94D of this chapter. The special exception application shall further include proof or documentation of the following:
[1] 
The WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.
[2] 
A propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[3] 
Documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
[4] 
Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Zoning Hearing Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
[5] 
Documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.
(d) 
Engineer inspection. A professional structural engineer, licensed in the Commonwealth of Pennsylvania (structural engineer) shall provide to the Township a written certification and 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. This certification shall be provided during the special exception hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any zoning and/or construction permits.
(e) 
Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Zoning Hearing Board, or shall have a galvanized finish. All tower-based WCF and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(f) 
Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by Millcreek Township. The Zoning Hearing Board 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 commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, 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:
[1] 
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.
[2] 
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.
[3] 
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.
[4] 
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(g) 
Permit required for modification. To the extent permissible under state and federal law then applicable, any WCF applicant proposing modification of an existing tower-based WCF which increases the overall height of such WCF shall first obtain a permit from the Township. Nonroutine modifications are prohibited without the prior grant of a permit.
(h) 
Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Township's decision on an application for approval of tower-based WCF.
(i) 
Additional antennas. As a condition of approval for all tower-based WCF, 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 WCF where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(j) 
Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(k) 
Height. Any tower-based WCF shall be designed at the minimum functional height. In all zoning districts except I-2 Heavy Industrial and excepting lands in C-4 Regional Commercial, I-1 Light Industry and I-3 Industrial Park districts within 200 feet from the Interstate 79 or Interstate 90 rights-of-way, the maximum height of any tower-based WCF shall be 150 feet. In the I-2 Heavy Industrial District and lands in C-4, I-1 and I-3 Districts within 200 feet from the right-of-way of Interstate 79 or Interstate 90, the maximum height of any tower-based WCF shall be 180 feet; provided that such tower-based WCF height may be increased to not more than 200 feet so long as the required setbacks from adjoining property lines (not lease lines) and nearby buildings or structures are increased by one foot for every one foot of height in excess of the stated general maximum height for the district.
(l) 
Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(e) space on the tower-based wireless communications facility.
(m) 
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(n) 
Maintenance. The following maintenance requirements shall apply:
[1] 
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2] 
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents, and utilize the best available technology for preventing failures and accidents.
(o) 
Radio frequency emissions. A tower-based WCF shall not, 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.
(p) 
Historic buildings or districts. A tower-based WCF shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Township.
(q) 
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(r) 
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, 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. Strobe lighting is prohibited. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary and shall correct such malfunction or outage as soon as is practicable.
(s) 
Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and/or such as to constitute a nuisance under the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(t) 
Aviation safety. Tower-based WCF shall comply with all federal, state and local laws and regulations concerning aviation safety.
(u) 
Retention of experts. The Township may hire any consultant and/or expert 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 these provisions. 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.
(v) 
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the WCF applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
(w) 
Nonconforming uses. Nonconforming tower-based WCF 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 section.
(x) 
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 WCF or portions of WCF shall be removed as follows:
[1] 
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.
[2] 
If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
[3] 
Any unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(y) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs.
(z) 
FCC license. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(aa) 
Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.
(bb) 
Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(cc) 
Certification by engineer. All plans and drawings for a tower-based WCF shall contain a seal and signature of a structural engineer.
(dd) 
Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security in a form accepted under Chapter 125, Subdivision and Land Development, sufficient in amount to guarantee the removal of the tower-based WCF. The amount of said financial security shall be equal to 110% of the cost of removal estimated by a professional engineer under seal as of a date three years after the application date as accepted by Township's Engineer. Said financial security shall remain in place until the tower-based WCF is removed.
(2) 
The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
(a) 
Development regulations.
[1] 
Tower-based WCF shall not be located in, or within 100 feet of, and area in which utilities are primarily located underground.
[2] 
Tower-based WCF of any height are permitted outside the public rights-of-way in the following zoning districts by special exception, subject to the above prohibition:
[a] 
C-4 Regional Commercial District.
[b] 
I-1 Light Industrial District.
[c] 
I-2 Heavy Industrial District.
[d] 
I-3 Industrial Park District.
[3] 
Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 33% of the proposed WCF structure height.
[4] 
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[a] 
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.
[b] 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, buffer planting, etc. if the proposed WCF is greater than 40 feet in height.
[c] 
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 be equal to the total height of the tower-based WCF plus 30 feet 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 facility, or agriculture or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 250 feet, regardless of the height of the tower-based WCF, unless it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
(b) 
Design regulations.
[1] 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
[2] 
To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.
[3] 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
[4] 
Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
(c) 
Surrounding environs.
[1] 
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[2] 
The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/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.
(d) 
Fence/screen.
[1] 
A security fence having openings not greater than nine square inches and with a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.
[2] 
Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Zoning Hearing Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Board, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.
(e) 
Accessory equipment.
[1] 
Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.
[2] 
All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(f) 
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility, access road, turnaround space and parking area.
(g) 
Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.
(h) 
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(3) 
The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way:
(a) 
Location and development standards.
[1] 
Tower-based WCF 40 feet or shorter in height are prohibited in areas in which utilities are located underground.
[2] 
Tower-based WCF 40 feet or shorter in height shall not be located in the front facade area of any structure.
[3] 
Tower-based WCF 40 feet or shorter in height shall be permitted along certain collector roads and arterial roads throughout the Township, regardless of the underlying zoning district, provided that they are not situated within 50 feet of an area in which utilities (including water, sewer, gas, electric and communications) are underground. A map of such permitted roads is kept on file at the Township Zoning Office.
(b) 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[4]
[4]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(c) 
Equipment location. Tower-based WCF and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
[1] 
In no case shall ground-mounted related equipment, walls, or landscaping be located within two feet of the street cartway.
[2] 
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
[3] 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
[4] 
Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner, promptly and in any event within 10 days after any notice from the Township to do so.
[5] 
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
(d) 
Design regulations.
[1] 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
[2] 
Tower-based WCF in the public ROW shall not exceed 40 feet in height.
[3] 
To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WCF to more than 40 feet.
[4] 
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.
(e) 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1] 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2] 
The operations of the Township or other governmental entity in the right-of-way;
[3] 
Vacation of a street or road or the release of a utility easement; or
[4] 
An emergency as determined by the Township.
(f) 
Reimbursement for ROW use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.
E. 
Reservation of police powers. The Township, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
A. 
Car wash facilities permitted in commercial zoning districts shall serve only automobiles and light trucks.
B. 
The car wash must comply with all statutes and regulations of federal, state and local governmental units and agencies, and the operator must at all times hold such license(s) as are required by state and federal agencies.
C. 
Performance standards. A car wash facility must comply with all of the following requirements:
(1) 
The car wash facility shall be serviced by the public sanitary sewer system.
(2) 
The facility shall be designed to provide additional parking or vehicle stacking space to accommodate that number of vehicles which can be washed during a fifteen-minute period and also those being detailed or cleaned on the premises outside of washing bays or lines.
(3) 
Blowers and other power equipment aside from the wash operation shall be discontinued and are prohibited after 9:00 p.m. and prior to 8:00 a.m. on all days of every week. This provision includes and applies to blowers and other apparatus used to dry vehicles.
(4) 
Where a car wash facility abuts property in a residential district, the car wash facility shall maintain such buffer yard and planting strip as is required for properties in the C-3 Highway Commercial District if the premises is located in a commercial zoning district or, if located in an industrial zoning district, shall maintain such buffer yard and planting strip as are required in that district.
A. 
Parking facilities as set forth in this section shall apply to all group residence facilities.
(1) 
Group residence facilities located in residence districts shall assure as off street parking a minimum and maximum of one parking space for every two resident clients, plus one parking space for each staff member employed on that shift during which the maximum number of staff is scheduled, plus one space for any vehicle rented or leased by the facility's sponsor which is regularly located at the premises.
(2) 
To the extent parking facilities are not addressed in this chapter, the property owner shall provide sufficient parking spaces to accommodate the needs of the facility and minimize off-street parking, parking facilities to be as similar as possible to those allowed and customarily found in such district.
(3) 
Where larger off street parking facilities are required of a group residence facility within a residential district, such facility shall be screened in a manner consistent with this chapter.
B. 
The establishment shall comply with all federal, state and local laws, ordinances and regulations governing noise levels or reduction as then or in the future are in effect.
C. 
No delivery trucks or outside storage shall be allowed on a premises located within a residential district. This provision shall not be deemed to prohibit stops at the premises by mail carriers, package delivery firms or traveling food vendors customarily found in such districts.
D. 
All exterior lights of such premises shall be arranged and aligned to reflect light away from neighboring premises and public rights-of-way.
E. 
Activities of a facility which are required by applicable law or regulation but which ordinarily would not be conducted in the district in which the property is located or might cause disturbance to neighboring residents shall be regulated so as to minimize or eliminate inconvenience or injury to others.
A. 
Where permitted in a district, public or public service buildings, hospitals, public institutions or schools may be erected to a height not exceeding 65 feet, and religious establishments may be erected to a height not exceeding 65 feet if the building is set back from each yard line at least one foot for each additional two feet of building height above the maximum height limit otherwise provided for that use or district.
B. 
Special industrial structures such as cooling towers, elevator bulkheads, fire towers, tanks or water towers which require greater height than is authorized in the zoning district may be erected to a height greater than that permitted, providing that:
(1) 
The structure shall not occupy more than 25% of the lot area; and
(2) 
The yard requirements of the district in which the structure is erected shall be increased by one foot for each one foot of height in excess of the maximum height permitted in the district.
C. 
The height limitations of this chapter shall not apply to spires of religious establishments, belfries and essential service structures.
D. 
All buildings and structures shall conform to applicable regulations of Chapter 70, Land, Miscellaneous Activities and Regulations, Part 2, Airport Zoning, and/or regulations relative to objects affecting navigable air space.
A. 
Definition. For purposes of this chapter, a donation receptacle shall mean and include all containers used for the collection of donated items, including but not limited to clothing, recyclable materials and other tangible personal property. Such receptacles shall constitute a use distinguishable from the permitted and authorized use of the property under Article IV of this chapter.
B. 
A donation receptacle is allowed in all commercial and industrial zoning districts as an accessory use subject to compliance with all requirements of this article.
(1) 
A maximum of one donation receptacle is authorized on any property so zoned; provided, that if the first donation receptacle should be owned and/or sponsored by a noncharitable entity, a second donation receptacle meeting all requirements of this article which is solely owned, sponsored and benefitting a charitable organization or foundation as defined in the Internal Revenue Code shall be allowed.
(2) 
Prior to placement of a second donation receptacle on a property, the property owner must submit to the Zoning Administrator a notice providing the following information, failing which no donation receptacles shall be authorized on the property:
(a) 
Common address of property and name(s) of the property's owner(s) of record.
(b) 
Name, address and telephone number of the noncharitable sponsor;
(c) 
Name, address and telephone number of the charitable organization sponsor.
(d) 
Date(s) on which the said donation receptacles are intended to be placed.
C. 
Performance standards. All authorized donation receptacles must meet all of the following regulations:
(1) 
The size of the donation receptacle may not exceed 58 inches in width, 58 inches in depth and 77 inches in height.
(2) 
The front or side of the receptacle used to deposit items must set forth in lettering six inches or larger the full name of the receptacle's sponsor and, in lettering four inches or larger, the city address and telephone number of said sponsor. All said lettering shall be visible from the street.
(3) 
All donation receptacles shall be placed behind the front building line.
(4) 
No donation receptacle shall be placed within required and identified off-street parking areas.
(5) 
No donation receptacle shall be placed within 20 feet from the street right-of-way line and/or any entrance to or exit from the property. This subsection does not conflict with that in Subsection C(3); the greater distance shall control.
A. 
All operations for exploring, production and drilling for oil, natural gas and brine shall be restricted to light industry and heavy industry zones and shall not be permitted in other zoning districts.
B. 
No activities involved in the exploration, production, or drilling for oil, natural gas and brine shall commence until the owner and/or driller has been issued the requisite state permits and copies of same and the plat have been delivered to the Township's Zoning Office at least 24 hours prior to moving equipment on to the drilling site.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
All activities involved in the exploration, production, or drilling for oil, natural gas and brine, shall be limited to the hours of 7:00 a.m. to 11:00 p.m., prevailing time, and are not permitted at any other times of day.
D. 
Well sites. No well site shall be located closer than:
[Added 6-17-2014 by Ord. No. 2014-8]
(1) 
Fifteen feet from the owner's residence;
(2) 
Twenty-five feet from any neighbor's residence;
(3) 
Ten feet from any neighbor's property line; and
(4) 
Ten feet from any public street right-of-way.
E. 
Upon completion of the well, the owner of the property shall erect and maintain a six-foot-high chain-link security fence around the well site, tanks, hardware, scrubbers and other above ground appurtenances used in connection with well operations.
F. 
Any wells drilled in violation of § 145-69A shall not be permitted to continue in production and shall by appropriate legal action be enjoined from the continuing in production and shall be plugged in accordance with state law.
[Amended 6-17-2014 by Ord. No. 2014-8]
G. 
No well shall be closer than:[2]
(1) 
Fifteen feet from any building on owner's lot;
(2) 
Twenty-five feet from any building on any neighbor's lot;
(3) 
Ten feet from any neighbor's property line; and
(4) 
Ten feet from any public street's right-of-way.
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Public garages. In a C-3 Commercial District, a public garage may be established, erected or enlarged, provided that:
(1) 
No street entrance or exit of such garage or vehicles shall be within 200 feet of a street entrance or exit of any school, park or playground conducted for and attended by children;
(2) 
No portion of such garage shall be within 100 feet of any hospital, religious establishment or public library, or within 50 feet of a residence district as established by this chapter;
(3) 
No repair facilities shall be maintained on the front portion of the lot, or the front portion of the first story of the building, within 30 feet of the street line; and
(4) 
Any door for vehicles, opening upon a street, shall be at least 15 feet from the street line, and an open unoccupied space shall be maintained between said door and the street line. The height of such open unoccupied space shall be not less than 12 feet and the other dimensions shall be such that no part of the structure encroaches on the triangular area, circumscribed by the lines joining the center of the doorway and two points in the street line, one on either side of the enter line of the doorway and two points in the street line, one on either side of the enter line of the doorway and each 12 feet therefrom.
B. 
Vehicle service station. In a C-3 Commercial District, a station for the storage and sale of fuel, lubricating oil and accessories for motor vehicles maybe established, erected or enlarged, provided that:
(1) 
No street entrance or exit of such service station for vehicles shall be within 200 feet of a street entrance or exit of any school, park or playground conducted for and attended by children;
(2) 
No building or dispensing equipment of such service station shall be within 100 feet of any hospital, religious establishment or public library or a lot in a residence district as established by this chapter; and
(3) 
No equipment above surface of a ground for the service of motor vehicles shall be closer to any street or roadway line than 15 feet.
[Amended 6-17-2014 by Ord. No. 2014-8]
A. 
Standards for recreational vehicle parks/campgrounds. No property shall be used or held out for use as a recreational vehicle park or campground unless all of the following requirements are complied with:
(1) 
No park shall have an area of less than five acres.
(2) 
Maximum density shall be 8.5 spaces or units per developable acre of land.
(3) 
Minimum lot frontage (width) shall be 40 feet.
(4) 
All recreational vehicle and appurtenances shall be located on the lot so as to provide not less than 14 feet clearance to any other unit or structure or to any service building.
(5) 
All parks shall be serviced by a sanitary sewage disposal system which meets all requirements set forth in Subsection B below.
(6) 
Standards for open space and developed recreation areas as set forth in §§ 145-31 and 145-32of this chapter shall be complied with. Open space areas shall not be used for storage, parking of vehicles, habitation in tents or otherwise.
(7) 
Parks shall operate to provide occupancy and accommodations for vehicles and persons on a temporary basis only. Spaces may be leased or letted for not more than one season, seasons being defined as involving either the period from March 8 through November 30 ("summer season") or December 8 through February 28 ("winter season").
(8) 
During the period of December 8 through February 28, a recreational vehicle may be occupied only at such times as the service building is open and operating.
B. 
Standards for sanitary sewage disposal.
(1) 
Public systems. In areas having a public sewer system, which is, in the judgment of the Township, reasonably accessible to the park and available for connection thereto, the developer shall provide the park with a complete sanitary sewer system to be connected to the public sanitary sewer system.
(2) 
Private systems. In an area not having a public system, or within an area having a public sewer system which is not reasonable accessible to the park, the park shall be provided with one of the following methods of sewage disposal:
(a) 
A complete sanitary sewer system to convey the sewage to a treatment (package plant), to be provided by the developer in accordance with the requirements of the State Sanitary Water Board, with adequate provision for the maintenance of such plant.
(b) 
A private sewage disposal system on individual lots, consisting of septic tanks and absorption fields when laid out in accordance with minimum standards approved by the Erie County Department of Health and/or PaDEP.
(3) 
All recreational vehicle parks and campgrounds shall comply with standards for sanitary sewage disposal and water systems as established by PaDEP, including those now at 28 Pa. Code, Chapter 19, as may be amended.
C. 
It shall be unlawful and a violation of this chapter for any person to operate a recreational vehicle park within the limits of Millcreek Township without first applying for and obtaining a permit issued by the Township.
(1) 
Application for a permit for the summer season shall be made by the owner or operator of the park not later than March 1 and if issued, the permit shall be valid for the period of March 8 through November 30.
(2) 
Application for a permit for the winter season shall be made not later than November 30 and, if issued, the permit shall be valid for the period of December 8 through February 28.
(3) 
The permit application fee shall be as established or amended by resolution adopted by the Board of Supervisors.
(4) 
A permit shall be required to establish or enlarge a recreational vehicle park. At the time application is made to establish or enlarge such a park, a plot plan shall be submitted showing complete layout, including sanitary facilities and location and design of service buildings. All sites shall be assigned a number to be indicated on the plot plan and on the site proper. No recreational vehicle shall be located other than at a designated site.
(5) 
It shall be unlawful and a violation of this chapter for any person to modify or enlarge a recreational vehicle park without first submitting to the Township a plan depicting proposed changes and obtaining the Township's approval of them.
D. 
Recreational vehicles shall be permitted only in parks which meet the requirements of this section. Occupied travel trailers, motor homes, tents or camping vehicles shall meet all of the requirements specified below:
(1) 
All recreational vehicles shall observe the front yard requirements of the district and be located not less than 15 feet from a side or rear property line of the park.
(2) 
Any independent unit situated in a recreational vehicle park for more than seven consecutive days shall be connected directly to the park's sewage disposal system and water system.
(3) 
No dependent unit shall occupy a site within the park if said site is located more than 300 feet from a service building. Occupants of dependent units shall rely solely on the facilities furnished in the service building to meet their sanitary needs. The service building shall contain lavatories and flush toilets in separate rest rooms for each sex and shall be connected directly to the park's water supply and sewer system. Whenever the park is open during the months of December, January or February, the service building shall be heated to a temperature of not less than 65° F.
(4) 
No recreational vehicle or appurtenance thereto shall be placed closer than 20 feet to the center line of any driveway serving the park.
(5) 
Recreational vehicles, excluding tents shall be maintained at all times in a manner acceptable for transportation on public highways in accordance with the rules and regulations of PennDOT.
E. 
Responsible persons.
(1) 
The owner of a recreational vehicle park or campground is solely responsible for ensuring that the park is lawfully established and operated in accordance with the approved plan and permits and the regulations of this section.
(2) 
The owner or occupant of a recreational vehicle is responsible for the vehicle's compliance with the regulations set forth in Subsection D above.
(3) 
The owner of the park or campground and the owner or occupant of a recreational vehicle shall be obligated to comply with this section's provisions pertaining to authorized vehicles (this including the definition of a recreational vehicle in § 145-11) and for compliance with limits on maximum days of allowed temporary occupancy.
Use of land for operation of a small wind turbine system as permitted in Article IV, above, shall be subject to the following regulations and also to those in § 145-75, below, as they may apply.
A. 
Maximum lot coverage shall not exceed 35% of the total lot area.
B. 
Application of other regulations. Such use shall be subject to regulations in Chapter 116, Subdivision and Land Development, if its footprint is more than 1,500 square feet in area and to regulations in Chapter 116, Stormwater Management, if they apply to such use as designed and proposed.
C. 
Setback regulations.
(1) 
Such devices shall be set back from the nearest occupied building on the subject lot not less than the greater of the maximum setback requirements for principal buildings in the zoning district in which the device is located or 1.1 times the total height of the device, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2) 
Such devices shall be set back a minimum distance of 1.25 times the total height of the device, and all equipment mounted thereon from all adjacent property lines and from public or private street right-of-way lines. The total height shall include the height of any structure that a device is mounted on if it is not mounted directly at ground level.
D. 
Performance standards. All applicable performance standards established in § 145-75 of this chapter governing wind energy conversion systems, as the same may be amended in the future, shall apply to and govern use of small wind turbine devices. Applicable performance standards include those set forth in § 145-75D(1), (2), (4) through (10), (12) through (16) and (18) generally and others if applicable to a given application. Section 145-75D(17) shall apply, the limit of coverage to be at least $500,000.
E. 
Submission requirements. An applicant for use of land for a small wind turbine device, in addition to other applicable requirements, shall provide those items and that information required in § 145-75E(1) through (4) and (6) of this chapter, as amended.
F. 
Decommissioning.
(1) 
Requirements governing decommissioning of a WECS in § 145-75F of this chapter shall govern as applicable to small wind turbine devices. A zoning permit issued authorizing this use shall be subject to the condition that the owner must comply with all regulations of this chapter governing decommissioning.
(2) 
The applicant shall be responsible for notifying the Township's Zoning Officer, in writing, of the end of the useful life of the device or, if applicable, the termination of use of such device. Such notice shall be given not later than 30 days after either occurrence, whichever should first occur. Each day a violation of this section occurs shall constitute a separate violation for purposes of enforcement.
A. 
Performance standards. Temporary storage facilities shall be authorized only subject to compliance with all provisions of this section, including all of these requirements:
(1) 
No such facility shall be authorized or allowed upon a lot unless a temporary permit therefor has been issued by the Township. Permits shall be issued only where this section is complied with and is thereafter complied with in all respects.
(2) 
Such a facility shall be deemed a "structure" as the term is defined in Article II of this chapter and shall be subject to regulations governing structures generally.
(3) 
Except on properties zoned for light industry or heavy industry use, such a facility must be accessory to a principal building or structure on the lot.
(4) 
Such facility shall comply with all yard setback, height and buffer yard regulations in this chapter as apply to the lot's zoning classification.
(5) 
Such facility shall comply with all regulations in this chapter governing maximum coverage of lot area by buildings and structures. Temporary storage facilities shall be included in calculating such lot coverage.
(6) 
Such facility shall be located upon the lot only as shown on the application for permit and as approved by the Zoning Administrator.
(7) 
When a permit for such facility is requested, the applicant must submit to the Township in writing a schedule and deadline for removal of the facility and the reason such storage facility is required. Any permit issued shall be expressly conditioned upon such deadline, reason and all other information on the application.
(8) 
Temporary storage facilities shall not be authorized as a substitute for construction of a building or other structure to serve permanent or long-term needs of the owner or occupant of the property.
(9) 
All temporary storage facilities shall be kept by the applicant in good order and repair. Such facilities shall be painted white or in such other neutral or natural color. No advertising is allowed on the container, aside from the name, logo and telephone number of the container's provider in a space not larger than three feet in height and a length not greater than 80% of the container's length.
(10) 
All temporary storage facilities shall be located to the rear yard of the lot, provided:
(a) 
In the event of fire or other casualty restoration work to a residence, a container shall be allowed so long as the container is removed within seven days and is located behind the building line if possible and, if not, so as to not obstruct or hinder traffic in any way.
(b) 
If an authorized container, because of physical conditions, cannot be located in the rear yard of a building in a commercial or industrial zoned district, such container shall be located in the side yard and behind the building line.
(11) 
Submission of false information in an application for permit or the placement of a temporary storage facility on a lot in violation of the permit or of this chapter shall constitute just cause for immediate revocation of the permit, which shall require immediate removal of the unit.
(12) 
Such facility shall be authorized by permit only for a period not to exceed 30 days in any calendar year. A permit may be renewed for an additional period of 30 days upon proper application to and approval by the Zoning Administrator. A maximum of one renewal is authorized in residential and agriculture zoning districts; a maximum of two renewals is authorized in commercial zoning districts; and a maximum of three renewals is authorized in industrial zoning districts.
B. 
Temporary storage facilities shall not be authorized upon any lot unless a temporary permit therefor has first been issued by the Zoning Administrator. Requirements governing application for and issuance of temporary permits shall include:
(1) 
The applicant shall submit to the Zoning Administrator on forms adopted by resolution of the Board of Supervisors an application for temporary permit.
(2) 
Such application shall include a location map, which shall set forth the specific dimensions of the lot and dimensions and location of existing buildings and structures and of the proposed temporary storage facility. The applicant shall be responsible for preparing such location map and for the accuracy of information set forth therein. If the applicant is not the owner of the property, the owner shall join in the application.
(3) 
Such application shall identify the property's common address and Erie County Tax Index Number, the record owner(s) of the lot, the lessee or other occupant of the lot (if applicable), the applicant and the address of applicant, the specific intended purpose of the facility, the date(s) proposed for placement and removal of the facility, the firm from which the facility is being rented or acquired and such other information as the Board of Supervisors by resolution shall require. The Zoning Administrator shall not be authorized to issue any permit unless all required information has been provided by the applicant.
(4) 
Such application shall identify the location and zoning classification of lots adjacent to that portion of the subject lot upon which a temporary storage facility is proposed to be placed.
(5) 
The applicant shall tender payment of the application fee as established by the Board of Supervisors and, prior to issuance of any temporary permit, shall also tender to the Zoning Administrator a letter of credit, cash or check in that sum established by resolution adopted by the Board of Supervisors per storage container, naming Millcreek Township as beneficiary or payee and issued as applicant's security for the timely and proper removal of the temporary storage facility upon expiration of the permit.
(6) 
A temporary storage facility authorized by a permit shall be removed on or before the expiration date of such permit, without any further notice of the Township being required.
(7) 
No temporary permit shall be presumed to be renewed, nor shall any renewal be effective prior to the date on which the applicant applies for and receives from the Zoning Administrator a renewal permit pursuant to procedures and upon paying renewal application fees as are established by resolution of the Board of Supervisors.
(8) 
An applicant's failure to apply for a renewal of a temporary permit prior to the expiration date of the permit shall terminate any right to a renewal, and the applicant shall remove the facility immediately upon expiration of the temporary permit. In this event, no second temporary permit shall be authorized in the same calendar year in which the initial permit was issued.
C. 
Registration by providers. Any person or firm which is engaged in the business of renting or otherwise providing temporary storage facilities to persons owning or occupying property in Millcreek Township shall register with the Zoning Administrator within 30 days after the effective date of this section or, if later, within 30 days after commencing such operations.
(1) 
There shall be no fee imposed for registration.
(2) 
Persons or firms registering with Millcreek Township shall submit to the Zoning Administrator the following information:
(a) 
Such person's or firm's name, business address and business telephone number; and
(b) 
A list of all temporary storage facilities leased or otherwise provided to owners or occupants of property in Millcreek Township, this list to include the name of the lessee or recipient of the facility, the address at which the facility was placed and a description of the facility (type, size and color).
(3) 
Such information shall be updated monthly as of the 10th day of each month, updated information to set forth information as to activity relating to properties in Millcreek Township during the previous calendar month.
(4) 
Persons engaged in leasing or otherwise providing temporary storage facilities to persons for use on properties in Millcreek Township shall paint or cause such facilities to be painted and maintained in the manner as required by resolution of the Board of Supervisors.
(5) 
Failure to comply with the requirements of this section shall constitute a violation of this chapter and subject the violator to such penalties as are prescribed for violation of this chapter.
D. 
Regulations of this section shall be administered and enforced generally in accordance with the provisions of Articles IX and X of this chapter, except as specifically provided otherwise in this section.
(1) 
Any person or entity which, prior to the date of enactment of this section, shall have placed or caused to be placed on property in Millcreek Township a temporary storage facility shall, not later than 30 days after the effective date of this section, apply to the Zoning Administrator for a temporary permit for all existing temporary storage facilities and comply with all regulations of this section. All regulations of this section shall apply to preexisting temporary storage facilities 30 days after the effective date of this chapter. After that date, all such facilities existing on properties in the Township without a temporary permit having been issued therefor shall be unlawful.
(2) 
If any person fails to remove a temporary storage facility by the expiration date of a temporary permit or any issued renewal thereof, Millcreek Township shall be entitled to immediately notify the applicant and any applicable issuer of a letter of credit of default and violation, and to exercise full rights against the applicant's cash deposit or letter of credit to its full amount or actual costs of removing the said temporary storage facility. Where practicable, the Zoning Administrator shall request the person or firm who leased the facility to remove and recover the same, and the Township shall pay invoiced costs for such removal, plus all personnel and other expense incurred by the Township due to the violation, from the applicant's financial security. The balance of such security remaining after such payment, if any, shall be refunded to the applicant or to the issuer of the letter of credit.
(3) 
Upon any revocation of an issued permit or renewal thereof, the Township shall give the applicant notice to remove such facility within 10 days after date of such notice and, should applicant fail to do so, the Township shall be entitled to proceed in accordance with Subsection D(2), above.
(4) 
Any costs, including costs of enforcement or abatement, incurred by the Township which are not recovered from an applicant's financial security shall be recovered either as a municipal claim under 53 P.S. § 7101 et seq. or by a civil action, at the Township's sole election.
The uses identified below, and only those uses are authorized temporarily (for a period from one day to 30 days in any calendar year), subject to the standards set forth below.
A. 
Christmas tree sales may be conducted on properties located in a commercial zoning district between Thanksgiving Day and December 25.
(1) 
This use shall be deemed a permitted use.
(2) 
No application for permit shall be required.
B. 
Mobile amusement and lighting equipment for promotion, advertisement and grand openings is authorized on properties in commercial and industrial zoning districts for events not exceeding five days in duration.
(1) 
This use shall be deemed a permitted use.
(2) 
No application for permit shall be required.
C. 
Produce and related items incidental thereto may be sold at temporary stands on premises owned by third parties subject to the following requirements:
(1) 
The stand's operator must have a written agreement with the property's owner authorizing such use and defining the stand's location on the property.
(2) 
Space for off-street parking must be available to the stand which is acceptable to the Zoning Officer and does not result in the principal use of the property's not meeting off-street parking requirements.
(3) 
The stand must be located off from a street or highway to facilitate exit from and entry onto the adjacent street and ensure there is no parking along such street.
(4) 
Such stand may operate between the hours of 7:00 a.m. and 9:00 p.m. during the months of June through October.
(5) 
Such stand may operate under a permit issued by the Zoning Officer for a period up to 30 days. One extension of a permit is authorized, for a period not exceeding an additional 30 days.
(6) 
An application for permit must be submitted and a permit issued by the Zoning Officer prior to commencement of such use. All information required to meet regulations of this section must be submitted with the application and any request for renewal or extension of the permit. Fees established by resolution adopted by the Board of Supervisors for permits and renewals shall be paid with submission of the application therefor.
D. 
Special events of a temporary nature.
(1) 
This use is defined in Article II of this chapter.
(2) 
A traffic control plan must be submitted and approved by the Millcreek Township Police Department and the Board of Supervisors.
(3) 
Proper provision shall be assured for the collection and disposition of municipal waste and recyclable materials and for cleanup of such materials throughout and upon conclusion of the event.
(4) 
The event shall not continue after 11:00 p.m. on any day absent the express authorization of the Township, which shall be granted only if such later operation is deemed essential to the event and the site is not abutted by residential uses.
(5) 
This use is authorized only after issuance of a permit by the Zoning Officer after application filed. Fees as established or amended by resolution of the Board of Supervisors shall be paid with the application and prior to issuance of a permit.
A. 
Application. This section shall govern all "wind energy conversion system" uses and, to the extent relevant and, in this and other sections of this chapter, referenced, to "small wind turbine device" uses.
B. 
Lot regulations.
(1) 
Minimum lot size: 40,000 square feet.
(2) 
Minimum lot width: 200 feet.
(3) 
Minimum front yard: 50 feet from the street right-of-way line.
(4) 
Minimum rear yard: 100 feet from a residential zoned district; 50 feet from another nonresidential zoned district.
(5) 
Minimum side yard: 100 feet from a residential zoned district; 50 feet from another nonresidential zoned district.
(6) 
Maximum lot coverage, including principal and accessory structures, shall not exceed 35% of the total site or lot area.
C. 
Setback regulations.
(1) 
Wind turbines shall be set back from the nearest occupied building on the subject lot a distance not less than the greater of the maximum setback requirements for principal structures in the zoning district in which the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance is measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2) 
Wind turbines shall be set back a minimum distance of 1.25 times the total height of the tower or pole and all equipment (including turbines) mounted thereon from all adjacent property lines and from public or private street right-of-way lines. The total height shall include the height of any structure that a tower or pole is mounted on if it is not mounted directly at ground level.
D. 
Performance standards.
(1) 
To the extent applicable, a wind energy conversion system shall comply with the Pennsylvania Construction Code, Chapter 125, Subdivision and Land Development, and Chapter 116, Stormwater Management, of the Code of the Township of Millcreek, all as amended.
(2) 
The design of the wind energy conversion system or small wind turbine device shall conform to applicable industry standards, including those of the American National Standards Institute. An applicant shall submit with an application certificates of design compliance obtained by the equipment manufacturer(s) from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies or other similar certifying organization.
(3) 
All wind energy conversion systems shall be equipped with a redundant braking system, including both aerodynamic overspeed controls (these including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(4) 
All electrical components of a WECS or small wind turbine device shall conform to relevant and applicable local, state and national codes and to relevant and applicable Penelec and international standards.
(5) 
Wind turbines shall be a nonobtrusive color such as white, off-white or gray.
(6) 
Wind energy conversion system facilities and small wind turbine devices shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority regulating air safety.
(7) 
Wind turbines devices and WECS facilities shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator, any such signage to comply with regulations governing land in the zoning district.
(8) 
On-site transmission and power lines between wind energy conversion systems and/or small wind turbine devices, turbines or other structures or buildings shall, to the maximum extent practicable, be placed underground.
(9) 
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(10) 
Visible, reflective, colored objects, such as flags, reflectors or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(11) 
All WECS towers or poles shall be enclosed by a six-foot fence with a lockable entry, to prevent entry by nonauthorized persons. A metal sign shall be affixed to the entry providing contact information for use in the event of an emergency.
(12) 
Climbing apparatus for WECS towers, poles and turbines shall stop 12 feet above ground level.
(13) 
All access doors to wind turbines and electrical equipment shall be locked and fenced.
(14) 
WECS and small wind turbine device operations shall not cause unreasonable noise that would be objectionable to and/or detract from use and enjoyment of adjacent properties. The Township reserves the right to suspend and/or revoke an operating permit for a WECS if, in its opinion, the noise characteristics and/or levels generated by a particular WECS are unreasonably loud and pose an undesirable nuisance to neighboring properties.
(15) 
The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on any other lot.
(16) 
WECS and small wind turbine device operations shall not cause interference with, disruption to or loss of radio, telephone, television, internet or similar signals and shall mitigate any harm caused by the WECS or small wind turbine device. The Township reserves the right to suspend and/or revoke an operating permit for a WECS or a small wind turbine device if, in its opinion, such interference becomes evident, is a nuisance to neighboring property owners and has not been eliminated by the facility owner and/or operator.
(17) 
The owner and/or operator of a WECS, at all times, shall maintain a current general liability insurance policy covering bodily injury and property damage caused by or arising from the WECS with limits of at least $1 million per occurrence and $1 million in the aggregate. A certificate of such insurance shall be supplied to the Township prior to issuance of a permit and a current certificate of insurance shall be supplied to the Township annually within 30 days after the policy anniversary or issuance date.
(18) 
The owner and operator of a WECS and/or a small wind turbine device shall ensure that the system or device does not constitute a safety hazard to persons or neighboring properties by virtue of failure and/or breakage of rotor blades and other parts of the system or device. The Township reserves the right to suspend and/or revoke an operating permit for a WECS or small wind turbine device if, in its opinion, a safety hazard exists until or unless such hazards have been corrected to the satisfaction of the Township.
(19) 
The facility owner and operator of a WECS shall maintain a telephone number and identify a responsible person for the public and the Township to contact with inquiries and complaints throughout the life of the project. The facility owner and operator shall make reasonable efforts to respond to inquiries and complaints by the public, and shall respond fully to all inquiries and complaints by the Township.
E. 
Submission requirements. In addition to other requirements of this chapter, an application for a permit to allow a WECS shall include the following [all of the following excepting § 145-75E(5) shall apply as well to small wind turbine devices]:
(1) 
A narrative describing the proposed WECS, including an overview of the project, the project location, the approximate generating capacity of the WECS, the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of all ancillary facilities.
(2) 
An affidavit or similar evidence of agreement between the property owner and the facility owner or operator confirming that the facility or owner has the permission of the property owner to apply for necessary permits for construction and operation of the WECS.
(3) 
Identification of the property(ies) on which the proposed WECS will be located, and the properties adjacent to the lot(s) on which the WECS will be located. Such identification shall include the name of the property owner(s) and the zoning classification of all properties.
(4) 
A site plan showing the planned location and height of each wind turbine or WECS, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the WECS to the substation(s), ancillary equipment, buildings and structures, including permanent meteorological towers, associated transmission lines and layout of all structures within the geographical boundaries of any applicable setback.
(5) 
Documents related to decommissioning, including a schedule for decommissioning and financial security to ensure such decommissioning.
(6) 
Other relevant studies, reports, certifications and approvals as may reasonably be requested by the Township (these including but not limited to documents confirming compliance with all setbacks and performance standards).
F. 
Decommissioning of WECS.
(1) 
The facility owner and operator shall, at its expense, complete decommissioning of the WECS or of individual wind turbines within six months after the end of the useful life of the facility or individual turbine(s) or, if applicable, within six months after termination of any lease or agreement authorizing such use or the revocation by the Township of a permit authorizing such use. A WECS or individual turbine will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(2) 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches and any other associated facilities.
(3) 
Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(4) 
Prior to issuance of a permit authorizing the use, the applicant shall submit to the Township a written certification under seal of a Pennsylvania professional engineer, estimating the costs of all work involved in decommissioning of the facilities as of the date on which such facilities are expected to commence full operation. This certification shall be submitted and reviewed in accordance with standards for financial security under Chapter 125, Subdivision and Land Development, and shall be subject to approval by the Township Engineer. The amount of financial security shall be adjusted every three years, in accordance with standards set forth in Chapter 125, Subdivision and Land Development.
(5) 
The facility owner or operator shall post and maintain with the Township Engineer decommissioning funds in an amount equal to 110% of the estimated cost of decommissioning work as financial security for proper decommissioning. Such financial security shall be tendered in a form acceptable and shall be held by the Township as provided in Chapter 125, Subdivision and Land Development; provided, that in no event shall the amount of decommissioning funds be reduced to a sum less than 25% of the original tender unless decommissioning has been fully completed.
(6) 
If the facility owner or operator fails to complete decommissioning within the period prescribed in § 145-75F(1), above, the Township shall be entitled to exercise its rights against the decommissioning funds (or financial security) in the manner provided in Chapter 125, Subdivision and Land Development, and use such funds to ensure proper decommissioning of all facilities.
A. 
Performance standards.
(1) 
A building-mounted communications antenna shall not be located on any single-family dwelling or two-family dwelling.
(2) 
Building-mounted communications antennas shall be permitted to exceed height limitations of the applicable zoning district by not more than 20 feet.
(3) 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(4) 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(5) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit written evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with antenna location. All such certification must be signed and under seal of the engineer.
(6) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure, for review by the Code Administrator and/or the Township Engineer to ensure compliance with the Pennsylvania Construction Code and other applicable law.
(7) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit with the application written evidence of agreements and/or easements necessary to provide access to the building or structure on which antennas are to be mounted so that installation, placement and maintenance of the antennas and communications equipment building can be accomplished. The use shall be authorized only to the extent of written leases and/or easements as in effect, and termination of such lease(s) and/or easement(s) shall result in the immediate removal of all communications antennas and/or communications equipment buildings authorized thereunder.
(8) 
Communications antennas shall at all times comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(9) 
Communications antennas shall not cause radio frequency interference with other communications facilities located in Millcreek Township.
(10) 
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
(11) 
A communications equipment building or related structure shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
(12) 
No signs or lights shall be mounted on a communications equipment building except as may be required by the Federal Communications Commission or other governmental agency having appropriate jurisdiction.
(13) 
When it does not accompany a communications tower or tower, a communications equipment building shall be enclosed by a fence having openings not greater than nine square inches which is not less than six feet and not more than eight feet in height, measured from ground level.
(14) 
Access shall be provided to the communications equipment building by means of a public street or easement to a public street. An easement shall be a minimum of 20 feet in width and shall be improved to provide year-round access; provided, that in residential use districts, where practicable, easements shall not be improved if access to the communications equipment building is otherwise assured without such measures and development of an improved access surface would be out of character as to adjacent uses.
B. 
Submissions with and subsequent to applications. The applicant must submit with the application:
(1) 
A copy of its current Federal Communications Commission license;
(2) 
The name, address and emergency telephone number for the operator;
(3) 
A certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence for personal injury and property damage coverage covering the communications antennas and any communications equipment building, naming the owner of the real estate where the facilities are located and the Township of Millcreek as additional insureds.
(4) 
In the event of any change, alteration, modification, suspension or termination of licensure, ownership, operator identity, insurance, leases, easements or other items required to be submitted with an application, the owner of said communications antenna and/or communications equipment building shall in writing within 10 days after such event, notify the Township Code Administrator of such event and provide copies of all documents pertinent to the even as may relate to compliance with these regulations.