[Amended 6-3-2019 by Ord.
No. 749]
Conditional uses as specified in this Article
V may be allowed or denied by Council after recommendations by the Planning Commission in accordance with the following criteria and provisions. Any use not identified or addressed in this chapter or listed in Table 201 may also be considered by Council after recommendations from the Planning Commission, subject to the general criteria listed in §
304-31 of this article, entitled "Criteria for approval."
Applications for conditional uses shall be filed
with the Zoning Officer and shall be accompanied by:
A. An application fee in an amount equal to that set
by resolution of Council.
B. Seven copies of a site plan and supporting data which
shows the size, location and topography of the site, the use of adjacent
land, the proposed function of all yards, open spaces, parking areas,
driveways, storage areas and accessory structures, the location of
all utilities and the timing of construction proposed.
The Zoning Officer shall immediately forward
copies of the application to Council and to the Planning Commission
for review and approval.
A. The Planning Commission shall forward its recommendation
within 45 days unless the petitioner agrees, in writing, to a time
extension and failure to act within the allotted time shall be deemed
to be a favorable recommendation.
B. The Council shall hold a public hearing within 60
days of their receipt of an application for a conditional use and
shall render their decision within 60 days of the filing of the application.
C. Site plan approval shall not be official until and
unless the site plan as approved by Council and including all conditions
of approval by Council is filed with the Zoning Officer within 90
days of approval. All development, construction and use shall be in
strict accordance with the approved plan, unless an application for
a reviewed site plan is approved in accordance with the provisions
of this section. Any development contrary to the approved plan shall
constitute a violation of this chapter.
A conditional use shall be approved if, and
only if, it is found to meet the following criteria:
A. The proposed use shall conform to the district and
conditional use provisions and all general regulations of this chapter.
B. The proposed use shall meet all special standards
which may apply to its class of conditional use as set forth in this
article.
C. The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards of §
304-23.
D. The proposed use shall be sited, oriented, landscaped
and screened to produce a harmonious relationship of buildings and
grounds to adjacent buildings and properties.
E. The proposed use shall produce a total visual impression
and environment which is consistent with the environment of the neighborhood.
F. The proposed use shall organize vehicular access and
parking to minimize traffic congestion in the neighborhood.
G. The proposed use shall promote the objectives of this
chapter and shall be consistent with the Comprehensive Plan.
H. The proposed use shall be consistent with past development
of the Borough and its current character.
[Amended 9-11-2023 by Ord. No. 771]
A. A multiple-family dwelling is permitted as a conditional use in all zoning districts where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. No multiple-family dwelling structure shall be built on a lot with
an area less than three acres.
C. Proposed development shall have direct access onto a collector street
or a principal thoroughfare except in the C-1 Zoning District, where
it may be located along an interior or local street as a component
of a larger site plan.
D. No existing single-family structure shall be converted to provide
housing for more than one family.
E. No structure shall be erected on land which is prone to flooding
or has a slope of 25% or greater prior to any grading or on any portion
of any site which will subject such structure or structures on any
adjacent or nearby properties to excessive erosion or landslide hazards.
F. The facility shall be accessible for firefighting purposes and evacuation
at all levels and on all sides.
G. New building design should respect the context of adjacent residential
neighborhoods, including the height, scale, mass, form and character
of surrounding development.
H. All dumpsters and/or waste collection areas shall be located 50 feet
from the nearest residential unit and shall be enclosed by a solid
masonry screen wall.
I. The use of alleys or rear access drives is encouraged. In no instance
shall off-street parking areas be the focal point for design. Off-street
parking areas shall be located to the side or rear of buildings.
J. The maximum height of outdoor parking area and roadway lighting shall
be 25 feet.
K. Trees shall be provided no more than 40 feet apart along all public
streets, with spacing at irregular intervals as required to accommodate
sight distance requirements for driveways and intersections. Trees
shall be located within the right-of-way if permitted by the Borough
or located no more than 10 feet from the street line if located within
a lot. No street tree shall be planted with less than 300 cubic feet
of total soil volume.
L. Landscaping buffers along perimeter lot lines shall be at least 20
feet abutting a single-family residential use and at least 10 feet
abutting all other uses. Landscaping separating a multifamily structure
from a single-family use shall form a filtered screen consisting of
a mix of evergreen and deciduous trees and shrubs, with evergreen
trees spaced no more than 15 feet on center and deciduous trees spaced
no more than 20 feet on center and living ground cover planted to
achieve full coverage of the ground surface within three years. All
other perimeter landscaping shall form a visual buffer consisting
of a mix of evergreen and deciduous trees and shrubs, with trees spaced
no more than 25 feet on center; shrubs spaced no more than four feet
apart; and living ground cover planted to achieve full coverage of
the ground surface within three years.
Group dwellings shall be at least 2,000 feet
apart from each other and shall not be located on lots of fewer than
12,000 square feet nor on lots having fewer than 500 square feet for
every sleeping room or for every two beds, whichever is greater. Such
uses shall have side yards of not fewer 30 feet and shall not be approved
unless plans prepared by an architect or engineer are submitted which
clearly indicate that adequate light, ventilation and fireproofing
are provided, and that the dwelling facility and its accommodations
shall be functional and convenient with regard to the specific needs
of the group to be housed in the facility. Group dwellings shall be
approved only after Council has found that plans and programs for
management of the group dwelling are adequate and appropriate to the
population to be housed and that adequate provisions have been made
to assure the safety and welfare of the residents of the facility
and of the adjacent neighborhood, including parking. Continued operation
shall be subject to monitoring by such review agency as may be established
and appointed by Council.
Small community residential facilities shall
be conditionally allowed, provided that the proposed use meets all
yard requirements of that district, that the residential facility
is adequate for the population to be housed in it and that the proposed
use does not unduly interfere with the residential character of the
neighborhood in which it is located.
Large community residential facilities shall
be conditionally allowed, provided that the proposed use meets all
yard requirements of that district, that the residential facility
is adequate for the population to be housed and that the proposed
use does not unduly interfere with the residential character of the
neighborhood in which it is located. The sponsoring agency shall name
a responsible party with whom complaints can be registered, and shall
file annually a statement indicating that the facility continues to
meet all conditions of original approval. Any change of sponsorship
or in any of the conditions of original approval shall be promptly
reported.
Utility substations and/or communication towers shall meet all yard and setback requirements as provided by this chapter and shall be securely anchored in a fixed location on the ground, and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other such natural forces. The utility substation or communication tower must meet the buffer yard requirements of §
304-13D of this chapter. The lot surrounding the utility substation or communication tower shall have sufficient area on every side such that front, side and rear yard shall each be capable of containing the fallen structure. Whenever possible, the proposed utility station or communication tower will co-locate with another such use to minimize intrusion into residential neighborhoods. Any such use shall be appropriately screened with landscaping to minimize the visual intrusion into residential neighborhoods.
[Added 4-10-2023 by Ord.
No. 769]
A. This section shall be known as the "Churchill Borough Wireless Communications
Facilities Ordinance."
B. The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Churchill Borough. While the municipality recognizes
the importance of wireless communications facilities in providing
high-quality communications service to its residents and businesses,
the municipality also recognizes that it has an obligation to protect
public safety and to minimize the adverse visual effects of such facilities
through the standards set forth in the following provisions.
C. By enacting this section, the municipality intends to:
(1)
Regulate the placement, construction and modification of wireless
communication facilities to protect the safety and welfare of the
public;
(2)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of the public and wireless telecommunications
operators in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of tower-based, non-tower-based, and small
wireless communications facilities in the municipality, including
facilities both inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, and other
wireless communications facilities;
(5)
Encourage the co-location of wireless communications facilities
on existing wireless support structures rather than the construction
of new wireless support structures;
(6)
Protect the public from potential adverse impacts of wireless
communications facilities and preserve, to the extent permitted under
law, the visual character of established communities and the natural
beauty of the landscape;
(7)
Ensure that wireless communications facilities will be removed
in the event that such wireless communications facilities are abandoned
or become obsolete and are no longer necessary; and
(8)
Update the municipality's Wireless Communications Facilities
Ordinance to incorporate changes in federal and state laws and regulations.
D. In construing this section, the following definitions and standards
shall apply:
(1)
Certain terms used herein are defined at Part II, Chapter
304, Article
II, §
304-8, Word usage; definitions.
(2)
Any numbers, abbreviations, terms and words used herein shall
have the meanings of common usage as set forth in the latest edition
of Webster's New Collegiate Dictionary. Terms of law shall have
the meanings as set forth in the latest edition of Black's Law
Dictionary.
(3)
Unless the context clearly indicates to the contrary, words
used in the present tense include the future tense; words used in
the singular number include the plural; words used in the plural number
include the singular; the word "herein" means "in this chapter"; and
the words "this chapter" shall mean "this chapter and the tables,
maps, fees schedules included herein as enacted or subsequently amended."
(4)
The word "person," as used in this chapter shall be defined
to include, but not be limited to, an individual, a partnership, a
joint venture, a corporation, an unincorporated association, a firm
or any other form of entity, contractors, subcontractors or journeymen;
"used" or "occupied" as applied to any land or building shall be construed
to include the words "intended, arranged or designed to be used or
occupied."
(5)
The "Borough" is the Borough of Churchill in Allegheny County,
Commonwealth of Pennsylvania, including the "Council," "Zoning Hearing
Board," and "Planning Commission" of the Borough.
(6)
"Chapter" as a term of reference in this chapter refers to this
chapter.
(7)
"Shall" is always mandatory, except "shall" is directory when
applied to public officials.
E. The following laws shall apply to all tower-based wireless communications
facilities:
(1)
Procedures.
(a)
Any applicant proposing construction of a new tower-based WCF shall submit plans to the Churchill Borough Enforcement Officer for review by the Planning Commission and for approval by the Borough Council in accordance with the requirements of Part II, Chapter
304, Article
V, Conditional Uses, §§
304-29,
304-30, and
304-31.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a tower-based WCF and that the proposed tower-based WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(2)
Development requirements. Tower-based wireless communications
facilities shall be developed in accordance with the following requirements:
(a)
Permitted subject to conditions. Any tower-based WCF that is either not mounted on any existing support structure or is more than 25 feet higher than the support structure on which it is mounted is permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality. The Council may grant conditional use in accordance with the procedures and requirements of Part II, Chapter
304, Article
V, Conditional Uses, §§
304-29,
304-30, and
304-31.
[1] Siting. Tower-based WCF shall only be permitted
in the following districts by conditional use, subject to the requirements
and prohibitions of this section:
[2] Coverage or capacity. An applicant for a tower-based
WCF must demonstrate that a gap in wireless coverage or capacity exists
and that the type of WCF and siting being proposed is the least intrusive
means by which to fill the gap in wireless coverage or capacity. The
existence or nonexistence of a gap in wireless coverage or capacity
shall be a factor in the municipality's decision on an application
for approval of tower-based WCFs.
[3] Co-location. An applicant for a tower-based WCF
must demonstrate there is not suitable space on existing wireless
service facilities or other wireless service facility sites or on
another sufficiently tall structure where the intended wireless service
facility can be accommodated and function as required by its construction
permit or license without unreasonable modification.
[4] Site plan. An applicant for a tower-based WCF must
submit a full site plan to the Churchill Borough Manager which shall
include, but shall not be limited to, the following documentation
and materials:
[a] Written authorization from the property owner of
the proposed tower-based WCF site that such facility may be sited
on the property; written authorization from the property owner consenting
to the making of the application to the Borough for conditional use;
written acknowledgment from the property owner of being bound by this
chapter, the conditions of any site plan approval authorized by the
Borough, and all other requirements of the Churchill Borough Code
of Ordinances.
[b] A site plan that is drawn to scale and shows the
following features: property boundaries; any tower guy wire anchors
and other apparatus; existing and proposed support structures; scaled
elevation view; access road(s) location and surface material; parking
area; fences; power source(s); location and content of (any or warning)
signs; exterior lighting specifications; landscaping plan; land elevation
contours; existing land uses surrounding the site; proposed transmission
building and/or other accessory uses with details; elevations; and
proposed use(s).
[c] A written report that includes, but is not limited
to, the following documentation and materials: information describing
the tower height and design; a cross section of the tower; engineering
specifications detailing construction of the tower, base and guy wire
anchorage; information describing the proposed painting and lighting
schemes; information describing the tower's capacity, including,
but not limited to, the number and type of antennas that it can accommodate;
radio frequency coverage, including, but not limited to, scatter plot
analysis and the input parameters for the scatter plot analysis. All
tower structure information shall be certified by a registered and
active professional engineer (P.E.) licensed by the Commonwealth of
Pennsylvania and their seal affixed to their authored documents; and
all wireless telecommunications data shall be certified by an appropriate
wireless telecommunications professional.
[d] A written report, titled "Cost of Wireless Facilities
Removal," certified by a registered and active professional engineer
(P.E.) licensed by the Commonwealth of Pennsylvania, detailing the
total cost of removing and disposing of the tower, antenna, and all
related facilities.
[e] All other uses ancillary to the tower-based WCF
and associated equipment (including, but not limited to, a business
office, maintenance depot, or vehicle storage) are prohibited from
the tower-based WCF site unless otherwise permitted in the zoning
district in which the tower-based WCF site is located.
[f] Where the tower-based WCF is located on a property
with another principal use, the applicant shall prove that the owner
of the property has granted an easement for the proposed facility
and that vehicular access is provided to the facility.
[g] An inventory of its existing wireless communications
facilities, including, but not limited to, all tower-based, Nontower,
and small WCF, that are either sited within Churchill Borough or within
1/4 mile of the border thereof. Such inventory shall include specific
information about the location, height, design, and use of each wireless
communications facility. The municipality may share such information
with other applicants applying for site plan approvals or conditional
use permits under this chapter, or other organizations seeking to
locate wireless communication facilities within the municipality;
provided, however, that the municipality is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
[h] An evaluation of the need for additional buffer
yard treatments.
[i] Other information deemed to be necessary by the
municipality to assess compliance with this section, or any other
requirement under the Churchill Borough Code of Ordinances, state
law, or federal law or regulation.
(b)
Underground district. A tower-based WCF shall not be located
in, or within 300 feet of, an area in which utilities are required
to be located underground.
(c)
Prohibited in open space and conserved lands. Tower-based WCFs
shall not be located within an open space or conserved land.
(d)
Prohibited in environmentally sensitive areas. No tower-based
WCF shall be located in, or within 500 feet of, the habitat of a threatened
or endangered animal species.
(e)
Sole use on a lot. A tower-based WCF may be permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(f)
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 residential, industrial, commercial, institutional or
municipal use, subject to the following conditions:
[1] Existing use. The existing use on the property
may be any permitted use in the applicable district, and need not
be affiliated with the wireless communications facility.
[2] Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting.
(g)
Minimum setbacks for towers. If a new tower is constructed (as
opposed to mounting the antenna on an existing tower or wireless support
structure), the minimum distance between the tower and any property
line or public right-of-way line shall be equal to the height of the
tower plus the distance of the corresponding minimum yard setback
(front, side and rear) for the zoning district in which the lot is
located and any other additional requirements for that zoning district.
Guy wires and accessory facilities must also satisfy the minimum zoning
district setback requirements.
(h)
Minimum setbacks and buffers for accessory structures. All tower-based WCF installations shall comply with the accessory structure setback, buffer, lot, and yard requirements in Part II, Chapter
304, §
304-13, lot and yard requirements, and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased.
(i)
Separation. A tower-based WCF with a height greater than 90
feet shall not be located within 1/4 of a mile from any existing tower-based
WCF with a height greater than 90 feet.
(3)
Timing of determination. All applications for tower-based WCFs
shall be acted upon within 150 days following the receipt of both:
1) a fully complete application for the approval of such tower-based
WCF and 2) a fully paid, nonrefundable application fee in an amount
specified by the Master Fee Schedule. If the municipality receives
an application for a tower-based WCF and such application is not fully
completed, then the municipality shall promptly notify the applicant
that the application is not complete, and the time for the approval
of such application shall not commence until a fully complete application
is received by the municipality. Unpaid applications are incomplete
and not duly filed with the Borough.
(4)
Notice. No later than 30 days following the submission of a
fully complete application for a tower-based WCF and the scheduling
of the public hearing (if required), the applicant shall mail notice
to all owners of every property within a 500-foot radius of the proposed
wireless communications facility. The applicant shall provide proof
of mailing of the notification to the municipality within 15 days
of completion of notification. If a public hearing is required, notice
of any hearing before the Borough Council shall be published in a
newspaper circulating within Churchill Borough at least 10 days'
prior to the date of said hearing; any mailing of notices that may
be required by the Borough Council shall be completed at least 10
days before such hearing, and the proof of mailing shall be provided
to the municipality at least five days before such hearing. The preparation
and cost of publication and mailing of any notice required for such
hearing shall be at the cost and expense of the applicant. Proof of
mailing to all required property owners shall be demonstrated by providing
the municipality with a certificate or proof of mailing (United States
Postal Service Form 3817 or 3877).
(5)
Co-location.
(a)
An application for a new tower-based WCF shall not be approved
unless the municipality finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or wireless support structure.
(b)
Any applicant proposing construction of a new tower-based WCF
outside the public rights-of-way shall demonstrate to the satisfaction
of the municipality, by written submission, that a good-faith effort
has been made to obtain permission to mount the tower-based WCF antenna
on an existing structure or wireless support structure. The Borough
may deny any application to construct a new tower if the applicant
has not made a good-faith effort to co-locate the antenna on an existing
tower, structure, or other wireless support structure. A good-faith
effort shall require that all owners of potentially suitable towers,
structures, or wireless support structures within a one-quarter-mile
radius of the proposed tower-based WCF site be contacted and that
the applicant certifies in writing to the Churchill Borough Manager
that one or more of the following reasons for not selecting such structure
apply:
[1] The proposed WCF and related equipment would exceed
the structural capacity of the existing structure and its reinforcement
cannot be accomplished at reasonable cost;
[2] The proposed WCF and related equipment would cause
radio frequency interference with other existing equipment for that
existing structure and the interference cannot be prevented at reasonable
cost;
[3] Such existing structure does not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function; and/or
[4] A commercially reasonable agreement cannot be reached
with the owner(s) of such structure.
(6)
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, and National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the Communications Infrastructure
Contractors Association (formerly 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 or safety
of any person or damage any property in the municipality.
(7)
Wind and ice. All tower-based WCF structures shall be designed
to withstand the effects of wind and ice according to the standards
promulgated 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). All tower-based WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the Pennsylvania Uniform Construction Code.
(8)
Height. Any tower-based WCF shall be designed and constructed
at the minimum functional height. All tower-based WCF applicants must
submit documentation to the municipality justifying the total height
of the structure. In no case shall a tower-based WCF exceed a maximum
height of 150 feet.
(9)
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.
(10)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the public.
(c)
All maintenance activities shall utilize nothing less than the
best available technology and practices for preventing failures and
accidents.
(d)
The municipality reserves the authority to require the cleaning,
repainting, or repair of a tower-based WCF, including, but not limited
to, the tower, accessory equipment, and any other area where the exterior
surface or appearance of such facility is not regularly or properly
maintained, cleaned, repainted, or repaired.
(e)
Tower-based WCF operators bear sole financial responsibility
for all maintenance or emergency repair costs.
(11)
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended. The
owner or operator of such tower-based WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Borough
Manager on an annual basis, or within 30 days following a written
request by the Borough. A tower-based WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any tower-based WCF that: 1) fails to timely
submit proof of compliance or 2) that is generating radio frequency
emissions in excess of the standards and regulations of the FCC.
(12)
Historic buildings and districts. No tower-based WCF may be
located in or within 100 feet of any historic or preservation district,
property, building or structure that is listed on either the National
or Pennsylvania Register of Historic Places, or eligible to be so
listed, or is included in the official historic structures list maintained
by the municipality, or so designated as a landmark.
(13)
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. No other signage or display is permitted.
(14)
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide to the Borough a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(15)
Emergency power supplies. Any tower-based WCF shall be constructed
with both primary and secondary sources of electric power. The secondary
source of electric power shall be an electric generator, located on-site
and equipped with sufficient power reserves to supply continuous electric
power to operate the tower-based WCF and its antennas for a period
of 10 days. The secondary source of electric power shall not be used,
except in emergency situations involving the loss of the primary power
source. The WCF operator may activate the electric generator on weekdays,
between 9:00 a.m. and 5:00 p.m. excluding federal holidays, to test
the secondary power source or to perform routine maintenance on the
electric generator, provided that the WCF operator delivers written
notice to the Borough Manager at least five business days' prior
to such electric generator testing or electric generator maintenance.
(16)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Churchill Borough Code of Ordinances, except as
provided with respect to the use of an electrical generator in this
chapter, where such noise standards may be exceeded on a temporary
basis only.
(17)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(18)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the tower-based
WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed
and -registered and active professional engineer (P.E.) who is regularly
involved in the maintenance, inspection, and/or erection of tower-based
WCFs, and their seal affixed to their authored documents. At a minimum,
this inspection shall be conducted in accordance with the Tower Inspection
Class checklist provided in the Electronics Industries Association
(EIA) Standard 222, Structural Standards for Steel Antenna Towers
and Antenna Support structures. A copy of said inspection report and
certification of continued use shall be provided to the Borough Manager
following the inspection. Any repairs advised by the report shall
be completed by the owner no later than 60 calendar days after the
report is filed with the municipality. No later than 30 calendar days
upon completion of aforesaid repairs, the tower-based WCF structure
shall again be inspected in accordance with the parameters and requirements
described herein.
(19)
Retention of consultants and experts. The Borough may hire any
consultant(s) and/or expert(s) necessary to assist the Borough in
reviewing and evaluating the application for approval of the tower-based
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this section. The applicant
and/or owner of the WCF shall reimburse the Borough for all costs
of the Borough's consultant(s) and/or expert(s) in providing
expert evaluation and consultation in connection with these activities.
(20)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this section.
(21)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Borough Manager, at least 90 days in advance of the discontinuance
date, of its intent to discontinue use and the date when the use shall
be discontinued.
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the municipality.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the municipality, the WCF and accessory facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the owner of the WCF. Any cost to the municipality
for such removal which is not paid under the owner's bond shall
constitute a lien on the tax lot on which the tower-based WCF is situated
and shall be collected in the same manner as a municipal tax on real
property.
(c)
Any unused portions of tower-based WCFs, including, but not
limited to, antennas, shall be removed within six months of the time
of cessation of operations. The municipality must approve all replacements
of portions of a tower-based WCF previously removed.
(22)
Public rights-of-way. No tower-based wireless communications
facility shall be located, in whole or in part, within the public
rights-of-way.
(23)
Eligible facilities request.
(a)
Applicants proposing a modification to an existing tower-based
WCF that does not substantially change the dimensions of the underlying
wireless support structure shall be required only to obtain a building
permit from the municipality.
(b)
In order to be considered for such permit, the tower-based WCF
applicant must submit a building permit application to the municipality
in accordance with the Churchill Borough Code of Ordinances.
(c)
In order to be considered for such permit, the tower-based WCF
applicant must also submit a certified engineering report from a registered
and active professional engineer (P.E.), licensed by the Commonwealth
of Pennsylvania, who is regularly involved in the maintenance, inspection,
and/or modification of tower-based WCFs, and their seal affixed to
their authored documents.
(d)
The timing of determination for tower-based WCF operators proposing
a modification to an existing tower-based WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure shall be as follows:
[1] Within 30 calendar days of the date that an application
for a modification to an existing tower-based WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure is filed with the Borough, the municipality shall notify
the applicant in writing if the application is incomplete and shall
advise of any information that may be required to complete such application.
[2] An application for a modification to an existing
tower-based WCF that does not substantially change the dimensions
of the underlying structure or wireless support structure shall be
deemed complete when all documents, information and fees required
by the municipality's regulations, laws and forms pertaining
to the location, modification or operation of wireless communications
facilities are submitted by the applicant to the municipality. In
case of incompleteness of the application, the municipality shall
promptly notify the applicant that the application is not complete,
and the time for the approval of such application shall not commence
until a fully complete application is received by the municipality.
[3] Within 60 days of receipt of a complete application
for a modification to an existing tower-based WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure, the Borough shall make a final decision on whether to approve
or deny the application and shall notify the tower-based WCF applicant
in writing of such decision.
(e)
Within 30 days of completion of any modification to an existing
tower-based WCF that does not substantially change the dimensions
of the underlying wireless support structure, the applicant shall
have said modifications inspected by a Pennsylvania-licensed and -registered
and active professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of tower-based
WCFs, and their seal affixed to their authored documents. A copy of
said inspection report and certification of continued use shall be
provided to the Borough Manager following the inspection. Any repairs
advised by the report shall be completed by the owner no later than
60 calendar days after the report is filed with the municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the tower-based WCF shall again be inspected in accordance with the
parameters and requirements described herein.
(24)
Design regulations.
(a)
Any height extensions to an existing tower-based WCF shall require
prior approval of the municipality. The municipality reserves the
right to deny such requests based upon aesthetic and land use impact,
or any other lawful considerations related to the character of the
municipality.
(b)
The tower-based WCF shall employ the most current and effective
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 municipality.
(c)
Any proposed tower-based WCF shall be designed and constructed
in all respects, including, but not limited to, structurally and electronically,
to accommodate both the tower-based WCF applicant's antennas
and comparable antennas for future users.
(d)
All utilities that are extended to the site of the tower-based
WCF shall be placed underground.
(25)
Surrounding environs.
(a)
The tower-based WCF operator shall ensure that the existing
vegetation, trees and shrubs located within proximity to the tower-based
WCF structure shall be preserved to the maximum extent possible.
(b)
The tower-based WCF applicant shall include in its site plan
submission pursuant to this chapter a soil report to the municipality
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA/TIA-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.
(26)
Fence/screen.
(a)
A security fence having a height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(b)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
(c)
Existing mature tree growth, vegetation, and natural land forms
on and around the site shall be preserved to the maximum extent possible.
In some cases, such as tower-based WCF sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.
(27)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view
using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed and constructed to blend into the environment in which they
are situated and shall meet the minimum setback requirements of the
underlying zoning district.
(28)
Additional antenna. As a condition of approval for all tower-based
WCFs, the applicant shall provide the municipality with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the municipality.
(29)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the municipality that the property
owner has granted an easement for the proposed facility. The easement
shall be a minimum of 20 feet in width, and the access shall be improved
to a width of at least 10 feet with a dust-free, all-weather surface
throughout its entire length.
(30)
Bond. Prior to the issuance of a conditional use permit, a tower-based
WCF applicant shall, at its own cost and expense, obtain, from a surety
licensed to do business in Pennsylvania, and maintain a bond or other
form of security acceptable to the Borough Solicitor. The bond shall
provide that the municipality may recover from the principal and surety
any and all compensatory damages incurred by the municipality for
violations of this section, including, but not limited to, legal fees
and expenses in enforcing the law, after reasonable notice and opportunity
to cure. The owner shall file the bond with the municipality and maintain
the bond for the life of the respective facility. The owner of the
tower-based WCF shall maintain a bond in the following amounts:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
(b)
An amount determined by the Borough Council, based on engineering
estimates, to cover the cost of removing and disposing of the antenna,
tower, and related facilities. The Borough Council may consider, but
shall not be required to rely upon, the applicant's written report,
titled "Cost of Wireless Facilities Removal," certified by a registered
and active professional engineer (P.E.) licensed by the Commonwealth
of Pennsylvania.
(c)
From time to time, but no more frequently than once during any
five-year period, the Borough Council, at its sole discretion, may
adjust the amount of the bond and require the submission of a new
or modified bond based on engineering estimates of the cost of the
removal and disposal of the tower, antenna, and associated facilities.
The wireless communications facility operator may submit a written
report, titled "Adjusted Cost of Tower-Based Wireless Facilities Removal,"
certified by a registered and active professional engineer (P.E.)
licensed by the Commonwealth of Pennsylvania and containing engineering
estimates of the cost of the removal and disposal of the tower, antenna,
and associated facilities to the Borough Council. The Borough Council
may consider, but shall not be required to rely upon, the operator's
written report in determining the adjusted bond amounts.
(31)
Visual or land use impact. The municipality reserves the right
to deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(32)
Graffiti. Any graffiti on the tower-based WCF, including, but
not limited to, the wireless support structure or on any accessory
equipment, shall be removed at the sole expense of the owner within
10 days of notification by the municipality.
(33)
Inspection by municipality. The municipality reserves the right
to inspect any tower-based WCF to ensure compliance with the provisions
of this section and any other provisions of the Churchill Borough
Code of Ordinances or state or federal law or regulation. The municipality
and/or its agents shall have the authority to enter the property upon
which a tower-based WCF is located at any time, upon reasonable notice
to the operator, to ensure such compliance.
F. The following laws shall apply to all non-tower wireless communications
facilities:
(1)
Procedures.
(a)
Any applicant proposing a non-tower WCF to be mounted on a building
or any other structure shall submit detailed construction and elevation
drawings to the Churchill Borough Manager indicating how the non-tower
WCF will be mounted on the structure, for review by the Churchill
Borough Planning Commission and for approval by the Borough Council,
as a conditional use, subject to the restrictions and conditions prescribed
herein and subject to the prior written approval of the municipality.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a nontower WCF and that the proposed non-tower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(2)
Development requirements. Nontower wireless communications facilities
shall be co-located on existing structures, such as existing buildings
or wireless support structures, subject to the following conditions:
(a)
Permitted subject to conditions. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts as a conditional use upon review by the Churchill Borough Planning Commission and approval by the Churchill Borough Council, in accordance with the procedures and requirements of Part II, Chapter
304, Article
V, Conditional Uses, §§
304-29,
304-30, and
304-31.
[1] Siting. Nontower WCF are permitted in the following
zoning districts by conditional use, subject to the requirements and
prohibitions of this section:
[c] R-1 Residential District;
[d] R-2 Residential District;
[e] R-3 Residential District;
[f] R-4 Residential District; and
[g] R-5 Residential District.
[2] Height. Any non-tower WCF shall not exceed the
maximum height permitted in the applicable zoning district.
[3] Equipment building. If the non-tower WCF applicant
proposes to locate the communications equipment in a separate building,
the building shall comply with the minimum requirements for the applicable
zoning district.
[4] Fencing. A security fence having a height of six
feet shall surround any separate communications equipment building.
Vehicular access to the communications equipment building shall not
interfere with the parking or vehicular circulations on the site for
the principal use.
[5] Residential attachment prohibited. Nontower WCFs
shall not be located on single-family detached residences, single-family
attached residences, or any accessory residential structure.
(3)
Site plan. An applicant for a non-tower WCF must submit a full
site plan to the Churchill Borough Manager which shall include:
(a)
Written authorization from the wireless support structure owner
of the proposed non-tower WCF site that such facility may be sited
on the wireless support structure; written authorization from the
wireless support structure owner consenting to the making of the application
to the municipality for conditional use; written acknowledgment from
the wireless support structure owner of being bound by this chapter,
the conditions of any site plan approval authorized by the municipality,
and all other requirements of the Churchill Borough Code of Ordinances.
(b)
A site plan that is drawn to scale and shows the following features:
property boundaries; existing and proposed structures; existing and
proposed use(s); existing and proposed antennae; existing or proposed
electrical power source; and scaled elevation view.
(c)
A written report including, but not limited to: information
describing the antenna height and design; a cross section of the wireless
support structure; engineering specifications detailing attachment
of the antenna to the wireless support structure; information describing
the proposed painting and lighting schemes; radio frequency coverage
including, but not limited to, scatter plot analysis and the input
parameters for the scatter plot analysis; all wireless support structure
information to be certified by a registered and active professional
engineer (P.E.) licensed by the Commonwealth of Pennsylvania, and
their seal affixed to their authored documents; and wireless telecommunications
data to be certified by an appropriate wireless telecommunications
professional.
(d)
A written report, titled "Cost of Nontower Wireless Facilities
Removal," certified by a registered and active professional engineer
(P.E.) licensed by the Commonwealth of Pennsylvania, detailing the
total cost of removing and disposing of antennas and related facilities.
(e)
An inventory of its existing wireless communications facilities,
including, but not limited to, all tower-based, non-tower, and small
WCF, that are either sited within Churchill Borough or within 1/4
mile of the border thereof. Such inventory shall include specific
information about the location, height, design, and use of each wireless
communications facility. The Borough may share such information with
other applicants applying for site plan approvals or conditional use
under this section or other organizations seeking to locate antennas
within the municipality; provided, however, that the municipality
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
(f)
Other information deemed to be necessary by the municipality
to assess compliance with this section, or any other requirement under
the Churchill Borough Code of Ordinances, state law, or federal law
or regulation.
(4)
Eligible facilities request.
(a)
Applicants proposing a modification to an existing non-tower
WCF that does not substantially change the dimensions of the underlying
structure or wireless support structure shall be required only to
obtain a building permit from the municipality.
(b)
In order to be considered for such permit, the non-tower WCF
applicant must submit a building permit application to the municipality
in accordance with the Churchill Borough Code of Ordinances.
(c)
In order to be considered for such permit, the non-tower WCF
applicant must also submit a certified engineering report from a registered
and active professional engineer (P.E.), licensed by the Commonwealth
of Pennsylvania, who is regularly involved in the maintenance, inspection,
and/or modification of non-tower WCFs, and their seal affixed to their
authored documents.
(d)
The timing of determination for non-tower WCF operators proposing
a modification to an existing non-tower WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure shall be as follows:
[1] Within 30 calendar days of the date that an application
for a modification to an existing non-tower WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure is filed with the Borough, the municipality shall notify
the applicant in writing if the application is incomplete and shall
advise of any information that may be required to complete such application.
[2] An application for a modification to an existing
non-tower WCF that does not substantially change the dimensions of
the underlying structure or wireless support structure shall be deemed
complete when all documents, information and fees required by the
municipality's regulations, laws and forms pertaining to the
location, modification or operation of wireless communications facilities
are submitted by the applicant to the municipality. In case of incompleteness
of the application, the municipality shall promptly notify the applicant
that the application is not complete, and the time for the approval
of such application shall not commence until a fully complete application
is received by the municipality.
[3] Within 60 days of receipt of a complete application
for a modification to an existing non-tower WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure, the Borough shall make a final decision on whether to approve
or deny the application and shall notify the non-tower WCF applicant
in writing of such decision.
(e)
Within 30 days of completion of any modification to an existing
nontower WCF that does not substantially change the dimensions of
the underlying wireless support structure, the applicant shall have
said modifications inspected by a Pennsylvania-licensed and -registered
and active professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of non-tower WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Borough Manager following the inspection.
Any repairs advised by the report shall be completed by the owner
no later than 60 calendar days after the report is filed with the
municipality. No later than 30 calendar days upon completion of aforesaid
repairs, the non-tower WCF shall again be inspected in accordance
with the parameters and requirements described herein.
(5)
Visual or land use impact. The municipality reserves the right
to deny an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
(6)
Historic buildings and districts. No non-tower WCF may be located
on, or within 100 feet of, any historic or preservation district,
property, or on a building or structure that is listed on either the
National or Pennsylvania Register of Historic Places, or eligible
to be so listed, or is included in the official historic structures
list maintained by the municipality, or so designated as a landmark.
(7)
Prohibited in open space and conserved lands. Nontower WCFs
shall not be located within an open space or conserved land.
(8)
Timing of determination. All applications for non-tower WCFs
shall be acted upon by the municipality within 90 days following the
receipt of both: 1) a fully complete application for the approval
of such WCF, and 2) a fully paid, nonrefundable application fee in
an amount specified by the Master Fee Schedule. If the municipality
receives an application for a non-tower WCF and such application is
not fully completed, then the municipality shall notify the applicant
in writing within 30 days that the application is not complete and
the time for the approval of such application shall not commence until
a fully complete application is received by the municipality. Unpaid
applications are incomplete and not duly filed with the Borough.
(9)
Retention of consultants and experts. The municipality may hire
any consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the non-tower
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this section. The applicant
and/or owner of the non-tower WCF shall reimburse the municipality
for all reasonable costs of the municipality's consultant(s)
and/or expert(s) in providing expert evaluation and consultation in
connection with these activities.
(10)
Bond. Prior to the issuance of conditional use, the owner of
a non-tower WCF shall, at its own cost and expense, obtain, from a
surety licensed to do business in Pennsylvania, and maintain a bond
or other form of security acceptable to the Borough Solicitor. The
bond shall provide that the municipality may recover from the principal
and surety any and all compensatory damages incurred by the municipality
for violations of this section, after reasonable notice and opportunity
to cure. The owner shall file the bond with the municipality and maintain
the bond for the life of the respective facility. The owner of the
nontower WCF shall maintain a bond in the following amounts:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
(b)
An amount determined by the Borough Council, based on engineering
estimates, to cover the cost of removing and disposing of the antenna
and related facilities. The Borough Council may consider, but shall
not be required to rely upon, the applicant's written report,
titled "Cost of Nontower Wireless Facilities Removal," certified by
a registered and active professional engineer (P.E.) licensed by the
Commonwealth of Pennsylvania.
(c)
From time to time, but no more frequently than once during any
five-year period, the Borough Council, at its sole discretion, may
adjust the amount of the bond and require the submission of a new
or modified bond based on engineering estimates of the cost of the
removal and disposal of the antenna and associated facilities. The
wireless communications facility operator may submit a written report,
titled "Adjusted Cost of Nontower Wireless Facilities Removal," certified
by a registered and active professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania and containing engineering estimates
of the cost of the removal and disposal of the antenna and associated
facilities to the Borough Council. The Borough Council may consider,
but shall not be required to rely upon, the operator's written
report in determining the adjusted bond amounts.
(11)
Design regulations.
(a)
Nontower WCFs shall employ stealth technology and be treated
to match the supporting structure or 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 municipality.
(b)
Nontower WCFs which are mounted to a building or similar structure
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the non-tower WCF applicant obtains a variance.
(c)
All non-tower WCF applicants must submit documentation to the
municipality justifying the total height of the non-tower support
structure or wireless support structure. Such documentation shall
be analyzed in the context of such justification on an individual
basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(12)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life or safety of any person or damage any property in
the municipality.
(13)
Wind and ice. All non-tower WCF structures shall be designed
and constructed to withstand the effects of wind and ice according
to the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association (ANSI/EIA/TIA-222,
as amended). All non-tower WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the Pennsylvania Uniform Construction Code.
(14)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(15)
Radio frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended. The
owner or operator of such non-tower WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Borough
Manager on an annual basis, or within 30 days following a written
request by the Borough. A non-tower WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any non-tower WCF that 1) fails to timely
submit proof of compliance or 2) is generating radio frequency emissions
in excess of the standards and regulations of the FCC.
(16)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(17)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the non-tower
WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed
and -registered and active professional engineer (P.E.) who is regularly
involved in the maintenance, inspection, and/or modification of non-tower
WCFs, and their seal affixed to their authored documents. A copy of
said inspection report and certification of continued use shall be
provided to the Borough Manager following the inspection. Any repairs
advised by the report shall be completed by the owner no later than
60 calendar days after the report is filed with the municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the non-tower WCF shall again be inspected in accordance with the
parameters and requirements described herein.
(18)
Maintenance. The following maintenance requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the municipality's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(d)
The municipality reserves the authority to require the cleaning,
repainting, or repair of a non-tower WCF, including, but not limited
to, the antennas, accessory equipment, and any other area where the
exterior surface or appearance of such facility is not regularly or
properly maintained, cleaned, repainted, or repaired.
(e)
Nontower WCF operators bear sole financial responsibility for
all maintenance or emergency repair costs.
(19)
Upgrade; replacement; modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading, replacing, modifying, or repairing
the non-tower WCF is permitted, so long as such upgrade, replacement,
modification, or repair does not increase the overall size of the
non-tower WCF or the number of antennas.
(b)
Any material modification to a non-tower WCF shall require a
prior amendment to the original permit or authorization.
(20)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the municipality of its
intent to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused non-tower WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the municipality.
(b)
If the non-tower WCF or accessory facility is not removed within
three months of the cessation of operations at a site, or within any
longer period approved by the municipality, the WCF and/or related
facilities and equipment may be removed by the municipality and the
cost of removal assessed against the owner of the WCF. Any cost to
the municipality for such removal which is not paid under the owner's
bond shall constitute a lien on the tax lot on which the non-tower
WCF is situated and shall be collected in the same manner as a municipal
tax on real property.
(21)
Graffiti. Any graffiti on the non-tower WCF, including, but
not limited to, the antennas, the wireless support structure, or on
any communications equipment or accessory equipment, shall be removed
at the sole expense of the owner within 10 days of notification by
the municipality.
(22)
Public rights-of-way. No non-tower WCF shall be located, in
whole or in part, within the public rights-of-way.
(23)
Signs. All non-tower 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. No other signage or display is permitted.
(24)
Lighting. Nontower WCF shall not be artificially lighted, except
as required by law. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
(25)
Emergency power supplies. Where practicable, non-tower WCF shall
be constructed with both primary and secondary sources of electric
power. If included, the secondary source of electric power shall be
an electric generator, located on-site and equipped with sufficient
fuel reserves to supply continuous electric power to operate the non-tower
WCF and its antennae for a period of 10 days. The secondary source
of electric power shall not be used, except in emergency situations
involving the loss of the primary power source. The WCF operator may
activate the electric generator to test the secondary power source
or to perform routine maintenance on the electric generator, provided
that the WCF operator delivers written notice to the Borough Manager
at least five business days' prior to such electric generator
testing or electric generator maintenance.
(26)
Noise. Nontower WCFs shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and the Churchill Borough Code of Ordinances, except in
emergency situations requiring the use of an electrical generator,
where such noise standards may be exceeded on a temporary basis only.
(27)
Inspection by municipality. The municipality reserves the right
to inspect any nontower WCF to ensure compliance with the provisions
of this section and any other provisions found within the Churchill
Borough Code of Ordinances or state or federal law or regulation.
The municipality and/or its agents shall have the authority to enter
the property upon which a non-tower WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
G. The following laws shall apply to small wireless communications facilities:
(1)
Development requirements.
(a)
Small WCF are permitted by approval from the Borough in all
zoning districts, subject to the requirements of this section and
generally applicable permitting as required by the Churchill Borough
Code of Ordinances.
(b)
Small WCF located within districts that require utilities to
be located underground shall be co-located on existing or replacement
wireless support structures. No new wireless support structure may
be installed for the purpose of supporting a small WCF within districts,
or subportions thereof, that require utilities to be located underground.
(c)
Small WCF in the public ROW requiring the installation of a
new wireless support structure shall not be located directly in front
of any building entrance or exit.
(d)
All small WCF shall comply with the applicable requirements
of the Americans with Disabilities Act and all applicable streets and sidewalks requirements
in the Churchill Borough Code of Ordinances.
(e)
Small WCFs shall not be located or attached on single-family
detached residences, single-family attached residences, or any accessory
residential structure.
(2)
Procedures.
(a)
Any applicant proposing a small WCF shall submit an application
to the Borough Manager for site plan review and administrative determination.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a small WCF and that the proposed small WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
(c)
The applicant shall provide a written report, titled "Cost of
Small Wireless Facilities Removal," certified by a registered and
active professional engineer (P.E.) licensed by the Commonwealth of
Pennsylvania, detailing the total cost of removing and disposing of
the small WCF and all related facilities, and restoring the public
rights-of-way in as reasonably good condition as before the existence
of the facility.
(3)
Timing of determination. All applications for small WCFs shall
be acted upon by the municipality within a specific number of days
following the receipt of both: 1) a fully complete application for
the approval of such small WCF and 2) a fully paid, nonrefundable
application fee in an amount specified by the Master Fee Schedule.
Unpaid applications are incomplete and not duly filed with the Borough.
The timing of determination for small WCF applicants shall be as follows:
(a)
Within 10 calendar days of the date that an application for
a small WCF is filed with the Borough Manager, the municipality shall
notify the WCF applicant in writing if an application is incomplete
and shall advise the WCF applicant of any information that may be
required to complete such application.
(b)
Within 60 days of receipt of a complete application for co-location
of a small WCF on a preexisting wireless support structure, the Borough
shall make a final decision on whether to approve or deny the application
and shall notify the WCF applicant in writing of such decision.
(c)
Within 90 days of receipt of a complete application for a small
WCF requiring the installation of a new wireless support structure,
the Borough shall make a final decision on whether to approve the
application and shall notify the WCF applicant in writing of such
decision.
(4)
Basis of denial of application. The Borough retains the authority
to deny an application to construct, place, modify, or operate a small
WCF in the public rights-of-way if any of the following apply:
(a)
The small WCF materially interferes with the safe operation
of traffic control equipment, sight lines or clear zones for transportation
or pedestrians or compliance with the Americans with Disabilities
Act of 1990 (Public Law 101-336, 104 Stat. 327) or similar federal or state standards regarding pedestrian
access or movement.
(b)
The small WCF fails to comply with the Churchill Borough Code
of Ordinances, or any other applicable codes.
(c)
The small WCF fails to comply with the requirements specified
under the Pennsylvania small Wireless Facilities Deployment Act, or any other applicable state law.
(d)
The small WCF fails to comply with the requirements specified
under federal law and FCC regulation.
(e)
The applicant fails to submit a written report by a Pennsylvania-licensed
and-registered and active professional engineer (P.E.) who is regularly
involved in the maintenance, inspection, and/or modification of small
WCFs, and their seal affixed to their authored documents, demonstrating
that the small WCF in the public rights-of-way will comply with all
applicable FCC regulations.
(5)
Documentation of denial in writing. Within the applicable shot
clock time frames established by this section, the municipality shall
document the basis for an application denial, in writing, including,
but not limited to, the specific provisions of applicable codes on
which the denial was based, and shall send the documentation to the
applicant within five business days following the denial of an application
to construct, place, modify or operate a small WCF in the public rights-of-way.
(6)
Opportunity to cure. Following the determination to deny an
application to construct, place, modify or operate a small WCF in
the public rights-of-way, the applicant may cure the deficiencies
identified by the Borough and resubmit the application to construct,
place, modify or operate a small WCF in the public rights-of-way within
30 days following receipt of the Borough's written basis for
the denial. Upon eligible resubmission, the applicant shall not pay
any additional application fees.
(7)
Municipal review upon eligible resubmission. The Borough shall
approve or deny the revised application to construct, place, modify
or operate a small WCF in the public rights-of-way within 30 days
following the application being resubmitted for review and determination.
Any subsequent review by the Borough shall be limited to the deficiencies
cited in the Borough's written denial. If the resubmitted application
addresses or changes other sections of the application that were not
previously denied, the Borough shall automatically be granted an additional
15 days on the shot clock time frame to review the resubmitted application
and may charge an additional fee for the review. No applicant shall
make more than one resubmission per initial denial of an application
to construct, place, modify or operate a small WCF in the public rights-of-way.
(8)
Eligible facilities request.
(a)
Small WCF operators proposing a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure or wireless support structure shall be required
only to obtain a building permit from the municipality.
(b)
In order to be considered for such permit, the small WCF operator
must submit a building permit application to the municipality in accordance
with the Churchill Borough Code of Ordinances.
(c)
In order to be considered for such permit, the small WCF applicant
must also submit a certified engineering report from a registered
and active professional engineer (P.E.), licensed by the Commonwealth
of Pennsylvania, who is regularly involved in the maintenance, inspection,
and/or modification of small WCFs, and their seal affixed to their
authored documents.
(d)
The timing of determination for small WCF operators proposing
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure shall be as follows:
[1] Within 30 calendar days of the date that an application
for a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure is filed with the Borough, the municipality shall notify
the applicant in writing if the application is incomplete and shall
advise of any information that may be required to complete such application.
[2] An application for a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure or wireless support structure shall be deemed
complete when all documents, information and fees required by the
municipality's regulations, laws and forms pertaining to the
location, modification or operation of wireless communications facilities
are submitted by the applicant to the municipality. In case of incompleteness
of the application, the municipality shall promptly notify the applicant
that the application is not complete, and the time for the approval
of such application shall not commence until a fully complete application
is received by the municipality.
[3] Within 60 days of receipt of a complete application
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure, the Borough shall make a final decision on whether to approve
or deny the application and shall notify the WCF applicant in writing
of such decision.
(e)
Within 30 days of completion of any modification to an existing
small WCF that does not substantially change the dimensions of the
underlying wireless support structure, the applicant shall have said
modifications inspected by a Pennsylvania-licensed and -registered
and active professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of small WCFs,
and their seal affixed to their authored documents. A copy of said
inspection report and certification of continued use shall be provided
to the Borough Manager following the inspection. Any repairs advised
by the report shall be completed by the owner no later than 60 calendar
days after the report is filed with the municipality. No later than
30 calendar days upon completion of the aforesaid repairs, the small
WCF shall again be inspected in accordance with the parameters and
requirements described herein.
(9)
Nonconforming wireless support structures. Small 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.
(10)
Application fees. The municipality may assess appropriate and
reasonable application fees directly related to the municipality's
actual costs in reviewing and processing the application for approval
of a small WCF, as well as related inspection, monitoring, and related
costs, subject to the limitations in this section, in amounts specified
by the Master Fee Schedule.
(11)
Standard of care. Any small 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, the Pennsylvania Uniform Construction
Code (UCC), or to the industry standard applicable to the structure.
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 municipality.
(12)
Historic buildings and districts. No small WCF may be located
on, or within 100 feet of, any historic or preservation district,
property, building or structure that is listed on either the National
or Pennsylvania Register of Historic Places, or eligible to be so
listed, or is included in the official historic structures list maintained
by the municipality, or so designated as a landmark.
(13)
Wind and ice. All small WCF shall be designed and constructed
to withstand the effects of wind and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry
standard applicable to the structure. All small WCF structures shall
also be designed and constructed to withstand the wind and ice loads
for the place of installation in accordance with the Pennsylvania
Uniform Construction Code.
(14)
Radio frequency emissions. A small 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. The
owner or operator of such small WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Borough
Manager on an annual basis, or within 30 days following a written
request by the Borough. A small WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC shall be considered
an emergency. The municipality reserves the authority to revoke the
permit of any small WCF that: 1) fails to timely submit proof of compliance
or 2) is generating radio frequency emissions in excess of the standards
and regulations of the FCC.
(15)
Time, place and manner. The municipality shall determine the
time, place and manner of construction, maintenance, repair and/or
removal of all small WCF in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
(16)
Accessory equipment. Small WCF and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the municipality.
(17)
Graffiti. Any graffiti on the small WCF, including, but not
limited to, the antennas, the structure, the wireless support structure,
or any accessory equipment, shall be removed at the sole expense of
the owner within 10 days of notification by the municipality.
(18)
Maintenance. The following maintenance requirements shall apply:
(a)
Any small WCF shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the public.
(c)
All maintenance activities shall utilize nothing less than the
best available technology and practices for preventing failures and
accidents.
(d)
The municipality reserves the authority to require the cleaning,
repainting, or repair of a small WCF, including, but not limited to,
the antennas, wireless support structure, accessory equipment, and
any other area where the exterior surface or appearance of such facility
is not regularly or properly maintained, cleaned, repainted, or repaired.
(e)
Small WCF operators bear sole financial responsibility for all
maintenance or emergency repair costs. The financial responsibility
of small WCF operators for maintenance or emergency repair costs is
exclusive and independent from the municipality's costs in managing
and maintaining the public rights-of-way.
(19)
Design standards. All small WCF in the municipality shall comply
with the requirements of the Churchill Borough Small Wireless Communications
Facility Design Manual, a copy of which is on file with the municipality.
(20)
Co-location requirement. An application for a small WCF with
a new wireless support structure in the public rights-of-way shall
not be approved unless the municipality finds that the proposed small
WCF cannot be accommodated on an existing structure or wireless support
structure, such as a utility pole. Any application for approval of
a small WCF shall include a comprehensive inventory of all existing
towers and other suitable structures or wireless support structures
within a one-quarter-mile radius from the point of the proposed small
WCF, unless the applicant can show to the satisfaction of the municipality
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower, structure, or other suitable wireless
support structure cannot be utilized.
(21)
Limitation on concurrent co-location applications. Any person
seeking to co-locate a small WCF in the public rights-of-way may submit
a consolidated application for co-location of small WCF, which shall
include no more than 20 concurrent applications to co-locate small
WCF in the public rights-of-way. No person shall submit more than
one consolidated application to co-locate small WCF in the public
rights-of-way, or 20 individual applications to co-locate small WCF
in the public rights-of-way during any thirty-day period of time.
If one consolidated application for co-location of small WCF in the
public rights-of-way, or 20 individual applications to co-locate small
WCF in the public rights-of-way, are received by the Borough during
any forty-five-day period of time, then the Borough's applicable
shot clocks, as specified in this section, shall be automatically,
and without public notice, extended by a time period of 15 days following
submission of the aforesaid application(s).
(22)
Relocation or removal of facilities. Within 90 days following
written notice from the municipality, or such longer period as the
municipality determines is reasonably necessary or such shorter period
in the case of an emergency, an owner of a small WCF in the ROW shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any small WCF when the municipality, 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:
(a)
The construction, repair, maintenance or installation by the
municipality or other public improvement in the public rights-of-way;
(b)
The operations of the municipality or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the municipality.
(23)
Noise. Small WCFs shall be operated and maintained so as not
to produce noise in excess of applicable noise standards under state
law and the Churchill Borough Code of Ordinances.
(24)
Height. Any small WCF shall not exceed the maximum height permitted
in the applicable zoning district.
(25)
Retention of consultants or experts. The municipality may hire
any consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the small
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this section. The applicant
and/or owner of the small WCF shall reimburse the municipality for
all reasonable costs of the municipality's consultant(s) and/or
expert(s) in providing expert evaluation and consultation in connection
with these activities, provided that such costs are a reasonable approximation
of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.
(26)
Repair to public property. Whenever the operator of small WCF
or any of its agents, including, but not limited to, any contractor
or subcontractor, takes up or disturbs any pavement, sidewalk or other
improvement of any public or municipal property, the same shall be
replaced and the surface restored in as reasonably good condition
as before the disturbance within 10 business days of the completion
of the disturbance, weather permitting. Upon failure of the small
WCF operator to comply within the time specified and the Borough having
notified the small WCF operator in writing of the restoration and
repairs required, the Borough may cause proper restoration and repairs
to be made, and the expense of such work shall be paid by the small
WCF operator upon demand by the Borough.
(27)
Bond. Prior to the issuance of a permit, the owner of a small
WCF shall, at its own cost and expense, obtain, from a surety licensed
to do business in Pennsylvania, and maintain a bond or other form
of security acceptable to the Borough Solicitor. The bond shall provide
that the municipality may recover from the principal and surety any
and all compensatory damages incurred by the municipality for violations
of this section, after reasonable notice and opportunity to cure.
The owner shall file the bond with the municipality and maintain the
bond for the life of the respective facility. The owner of the small
WCF shall maintain a bond in the following amounts:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
(b)
An amount determined by the Borough Council, based on engineering
estimates, to cover the cost of removing and disposing of the antenna
and related facilities, and restoring the public rights-of-way. The
Borough Council may consider, but shall not be required to rely upon,
the applicant's written report, titled "Cost of Small Wireless
Facilities Removal," certified by a registered and active professional
engineer (P.E.) licensed by the Commonwealth of Pennsylvania.
(c)
From time to time, but no more frequently than once during any
five-year period, the Borough Council, at its sole discretion, may
adjust the amount of the bond and require the submission of a new
or modified bond based on engineering estimates of the cost of the
removal and disposal of the antenna and associated facilities, and
restoring the public rights-of-way. The wireless communications facility
operator may submit a written report, titled "Adjusted Cost of Small
Wireless Facilities Removal," certified by a registered and active
professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania
and containing engineering estimates of the cost of the removal and
disposal of the antenna and associated facilities, and restoring the
public rights-of-way, to the Borough Council. The Borough Council
may consider, but shall not be required to rely upon, the operator's
written report in determining the adjusted bond amounts.
(28)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the small WCF
shall have said small WCF inspected by a Pennsylvania-licensed and
-registered and active professional engineer (P.E.) who is regularly
involved in the maintenance, inspection, and/or modification of small
WCFs, and their seal affixed to their authored documents. A copy of
said inspection report and certification of continued use shall be
provided to the Borough Manager following the inspection. Any repairs
advised by the report shall be completed by the owner no later than
60 calendar days after the report is filed with the municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the small WCF shall again be inspected in accordance with the parameters
and requirements described herein.
(29)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the municipality'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 municipality'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 municipality. The owner of each small
WCF shall pay an annual fee to the municipality, in an amount specified
by the Master Fee Schedule, to compensate the municipality for the
municipality's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission. The municipality reserves
the authority to revoke the permit of any small WCF that fails to
timely remit payment of any small WCF right-of-way fee to the municipality.
(30)
Removal. In the event that use of a small WCF is discontinued,
the owner shall provide written notice to the municipality of its
intent to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused small WCFs and accessory facilities
shall be removed, and the location restored, within one month of the
cessation of operations at the site unless a time extension is approved
by the municipality.
(b)
Upon removal of the facility, the small WCF owner and/or operator
shall repair and restore the site, including, but not limited to,
the premises and the surrounding environs, to alleviate the aesthetic
impact. The municipality reserves the right to specify minimum standards
of repair and restoration of a location based upon aesthetic and land
use impact, or any other lawful considerations related to the character,
operation, or functionality of the municipality.
(c)
If the small WCF, accessory facilities, and wireless support
structure are not removed, or the location completely restored within
one month of the cessation of operations at a site, or within any
longer period approved by the municipality, the WCF and/or related
facilities and equipment may be removed by the municipality, and the
location restored, and the cost of removal and/or restoration assessed
against the owner of the WCF. Any cost to the municipality for such
removal and/or restoration shall be paid under the owner's bond.
(d)
Any unused portions of small WCFs, including, but not limited
to, antennas, equipment, and wireless support structures, shall be
removed within one month of the time of cessation of operations and
such location(s) restored. The municipality must approve all replacements
of portions of a small WCF previously removed.
(31)
Inspection by municipality. The municipality reserves the right
to inspect any small WCF to ensure compliance with the provisions
of this section and any other provisions of the Churchill Borough
Code of Ordinances or state or federal law or regulation. The municipality
and/or its agents shall have the authority to enter the property or
public rights-of-way upon which a small WCF is located at any time,
upon reasonable notice to the operator, to ensure such compliance.
H. The following laws shall apply to all wireless communications facilities:
(1)
Municipal property. Nothing in this section shall be deemed
to create any offer, right, or entitlement to use municipal property
for the construction or operation of tower-based WCF, non-tower WCF,
small WCF, wireless support structures, or related facilities. Any
such tower-based WCF, non-tower WCF, small WCF, wireless support structure,
or related facility proposed to be sited on property owned, leased,
or otherwise controlled by Churchill Borough may be exempt from the
requirements of this section. The Borough Council retains the right
to require applicants to obtain site plan approval from it in accordance
with the requirements of this section. No tower-based WCF, non-tower
WCF, small WCF, wireless support structures, or related facilities
may be constructed or installed on municipal property or the public
rights-of-way until a license or lease agreement authorizing such
wireless facility has been approved by the Borough Council.
(2)
Repairing damaged public property. If any permitted wireless
communications facility operator, or any agent, including, but not
limited to, any contractor or subcontractor, damages any public or
municipal property in the Borough, the permitted wireless communications
facility operator will repair or replace, as applicable, the property
to its prior condition. Repairs or replacements will be completed
within 15 days of the occurrence of the damage. If the permitted wireless
communications facility operator or agent reasonably requires a longer
period to complete the repairs or replacement, the permitted wireless
communications facility operator or agent and the Borough will mutually
agree on the revised timeline for the repair or replacement. Upon
failure of the permitted wireless communications facility operator
or agent to comply within the time specified and the Borough having
notified the permitted wireless communications facility operator in
writing of the restoration and repairs required, the Borough may cause
proper restoration and repairs to be made, and the expense of such
work shall be paid by the permitted wireless communications facility
operator upon demand by the Borough.
(3)
Penalties. Any person violating any provision of this section
shall be subject, upon finding by a Magisterial District Judge, to
a penalty not exceeding $1,000 for each and every offense, together
with attorneys' fees and costs. A separate and distinct violation
shall be deemed to be committed each day on which a violation occurs
or continues to occur. In addition to an action to enforce any penalty
imposed by this section and any other remedy at law or in equity,
the municipality may apply to a court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this section.
(4)
Determination of violation. In the event the municipality determines
that a person has violated any provision of this section, such person
shall be provided written notice of the determination and the reasons
therefor. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the municipality
may, in its sole discretion, extend the time period to cure, provided
the person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has not been cured within the time allowed,
the municipality may take any and all actions authorized by this section
and/or federal and/or Pennsylvania law and regulations.
(5)
Revocation of permitted use. Any permit granted under this section
may be revoked by the Borough Council after a hearing, conducted on
at least 15 days' written notice to the owner of the wireless
communications facility and any related facilities, and an opportunity
to be heard. If at such hearing the Borough Council determines that
substantial evidence exists that the wireless communications facility
and related facilities constitute a threat to public safety, health,
or welfare, or that the conditions of the permit have been materially
violated, the Borough Council may revoke the permit.
(6)
Fee payments are nonrefundable. All fees paid to the municipality,
including, but not limited to, application fees and permit fees, are
nonrefundable and will not be returned to the applicant.
I. Insurance.
(1)
Requirement of insurance. Each person that constructs, owns,
operates, maintains, or removes a tower-based, non-tower, or small
wireless communications facility shall purchase and maintain, at its
sole expense, certain insurance coverages of specified minimum rating,
as listed herein, and shall provide documentation to the Churchill
Borough Manager, upon request, and as provided herein.
(2)
No payment or reimbursement. Each person that constructs, owns,
operates, maintains, or removes a tower-based, non-tower, or small
wireless communications facility shall be solely responsible for bearing
the costs of furnishing and maintaining all required insurance coverages
of specified minimum rating, as listed herein. The municipality shall
not provide direct payment or reimbursement to persons for the costs
of maintaining, or the costs of furnishing, the required insurance
coverages.
(3)
Specified minimum insurance ratings, registration, and additional
endorsement. All insurance carriers listed in the certificate(s) of
insurance for the required insurance coverages shall have, at minimum,
a credit rating of "Rated A-VII or Better" from the AM Best Company
and shall be licensed in the Commonwealth of Pennsylvania. Each person
that constructs, owns, operates, maintains, or removes a tower-based,
non-tower, or small wireless communications facility shall name Churchill
Borough as an additional insured by endorsement on the certificate(s)
of insurance.
(4)
Furnishment of certificates prior to commencement. Prior to
the commencement of any construction, operation, maintenance, or removal,
each person that constructs, owns, operates, maintains, or removes
a tower-based, non-tower, or small wireless communications facility
shall furnish certificates of insurance to the Churchill Borough Manager
evidencing coverage in compliance with the regulations herein. The
failure of the Borough to object to the contents of the certificate(s)
of insurance or absence of same shall not be deemed a waiver of any
legal rights held by the Borough.
(5)
Revocation of permit. The failure of any person to construct,
operate, maintain, or remove a wireless communications facility without
complying with the insurance coverage and administrative requirements
herein shall constitute an emergency. Upon such emergency, the municipality
reserves the authority to revoke the permit of any wireless communications
facility for failure to comply with the insurance coverage and administrative
requirements herein.
(6)
Minimum insurance requirements. Each person that constructs,
owns, operates, maintains, or removes a tower-based, non-tower, or
small wireless communications facility shall maintain the following
minimum insurance coverages:
(a)
Workers' compensation and employers liability policy, covering
operations in the Commonwealth of Pennsylvania. Where applicable,
U.S. Longshore and Harbor Workers' Compensation Act endorsement
and maritime coverage endorsement shall be attached to the policy.
Evidence must be provided to the Churchill Borough Manager. Waiver
of subrogation shall be included with documentation provided to the
Churchill Borough Manager.
(b)
Commercial general liability policy, with limits of no less
than $1,000,000 each occurrence, per WCF location and $2,000,000 general
aggregate, per WCF location, with limits for bodily injury and property
damage, and shall contain the following coverages and endorsements:
[2] Products/completed operations;
[4] Personal and advertising injury;
[5] Blanket contractual liability;
[6] Explosion, collapse, underground liability (XCU);
[7] Churchill Borough and their assigns, officers,
employees, volunteers, representatives and agents should be named
as an additional insured on the policy using ISO Additional Insured
Endorsement CG 20 10 11/85 or an endorsement providing equivalent
or broader coverage and shall apply on a primary and noncontributory
basis, including any self-insured retentions.
[8] The certificate of insurance should show this applies
to the general liability coverage on the certificate, and additional
insured endorsement shall be attached.
[9] To the extent permitted by Pennsylvania law, each
person that owns, operates, or removes a tower-based, non-tower, or
small wireless communications facility waives all rights of subrogation
or similar rights against Churchill Borough, assigns, officers, employees,
volunteers, representatives and agents.
[10] Cross liability coverage (commercial general liability
and business automobile liability policies only).
[11] Coverage must be written on an occurrence policy
form.
[12] No deductible or self-insured retention should
exceed $50,000.
(c)
Comprehensive automobile policy, with limits of no less than
$1,000,000. Bodily injury and property damage liability, including,
but not limited to, coverage for owned, any auto nonowned, and hired
private passenger and commercial vehicles. Churchill Borough and their
assigns, officers, employees, representatives and agents should be
named as an additional insured on the policy. The certificate of insurance
should show this applies to the automobile liability coverage on the
certificate, and additional insured endorsement shall be attached.
To the extent permitted by Pennsylvania law, each person that constructs,
owns, operates, maintains, or removes a tower-based, non-tower, or
small wireless communications facility waives all rights of subrogation
or similar rights against Churchill Borough, assigns, officers, employees,
representatives and agents. Coverage must apply on a primary and noncontributory
basis.
(d)
Umbrella liability, with limits of no less than $5,000,000 each
occurrence per WCF location and $5,000,000 general aggregate per WCF
location, including, but not limited to, coverage for general liability,
automobile, workers' compensation. Coverage must be written as
an occurrence policy.
(e)
Professional liability (if applicable), with limits no less
than $1,000,000 per claim. Coverage must be written as an occurrence
policy.
(7)
Increasing the minimum insurance requirements. The minimum insurance
requirements specified herein may be increased at any time upon the
review and determination of the Borough Council.
(8)
Notice prior to cancellation or expiration of insurance. The
certificate(s) of insurance shall provide that 30 days' written
notice prior to cancellation or expiration be given to the Churchill
Borough Manager via U.S. Postal Mail. Insurance policies that lapse
and/or expire during term of work shall be recertified and received
by the Churchill Borough Manager no less than 30 days' prior
to expiration or cancellation of the respective policy.
J. Indemnification.
(1)
Requirement to indemnify and hold harmless. Each person that
constructs, owns, operates, maintains, or removes a tower-based WCF,
a non-tower WCF, or a small WCF shall, at its sole cost and expense,
indemnify, defend and hold harmless the municipality, its elected
and appointed officials, employees and agents, at all times against
any and all claims for personal injury, including, but not limited
to, 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, operation, maintenance or removal of each of its
WCF.
(2)
Requirement to defend. Each person that owns or operates a tower-based
WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings
against the municipality in which it is claimed that personal injury,
including, but not limited to, death, or property damage, was caused
by the construction, installation, operation, maintenance or removal
of each of its 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.
(3)
Indemnification and hold harmless agreement requirement. Prior
to the initial commencement of any construction, operation, maintenance,
or removal, each person that owns, operates, maintains, or removes
a tower-based, non-tower, or small wireless communications facility
shall furnish an indemnification and hold harmless agreement to the
Churchill Borough Manager.
K. Police powers. The municipality, 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 municipality
under applicable federal, state and local laws and regulations.
L. Severability. If any section, subsection, sentence, clause, phrase
or word of this section is for any reason held illegal or invalid
by any court of competent jurisdiction, such provision shall be deemed
a separate, distinct and independent provision, and such holding shall
not render the remainder of this section invalid.
M. When effective. This section shall become effective upon enactment
by the Churchill Borough Council.
[Added 3-13-2007 by Ord. No. 699; amended 11-9-2015 by Ord. No. 727; 8-1-2016 by Ord. No. 731]
A. Oil and gas development is permitted as a conditional use only in
C-1 Commercial Districts where the applicant can establish compliance
with the terms contained herein.
B. Oil and gas development may be permitted under the following conditions:
(1) Conditional use application. A person or entity desiring approval
of a conditional use application pursuant to this section shall submit
a written application in a form to be prescribed by the Borough. Before
submitting the application, the applicant is strongly encouraged to
meet with the Borough Manager or his designee to determine the requirements
of and the procedural steps for the application. The intent of this
process is for the applicant to obtain necessary information and guidance
before entering into any commitments or incurring substantial expenses
with regard to the site and plan preparation. The application shall
not be considered to be complete and properly filed unless and until
all items required by this section, including the application fee,
have been received. Such application shall include the following information
and plans:
(a)
Payment of an application fee in an amount to be determined
from time to time by the Borough Council of the Borough of Churchill
as adopted by a fee resolution. Said fee shall also include a requirement
to deposit escrow funds to be drawn from by the Borough for reimbursement
of administrative and engineering and other professional fees associated
with review and inspections to ensure compliance with this chapter.
The Borough may adjust the escrow amount from time to time as may
reasonably be required.
(b)
Fourteen paper copies and one electronic copy of the completed
application form supplied by the Borough, along with supporting documentation
as identified in this section.
(c)
Written permission from the property owner(s) who has/have legal
or equitable title in and to the proposed development or facility
or demonstrable documentation of the applicant's authority to occupy
the property.
(d)
The GIS location and 911 address of the well site.
(e)
Copies of any and all permits and applications submitted to
all applicable local, county, state and federal agencies. Permits
and plans shall include, but not be limited to, the Pennsylvania Department
of Environmental Protection ("PADEP") well applications and permit,
erosion and sediment control general permit-2, or current permit requirement,
and all other required erosion and sedimentation, air, water and waste
management permits.
(f)
A site plan, prepared by an engineer or surveyor licensed in
Pennsylvania, shall be provided to establish compliance with all applicable
regulations. All drilling and production operations, including derricks,
vacuum pumps, compressors, storage tanks, vehicle parking, structures,
machinery, temporary housing, ponds and pits, and ancillary equipment
on the well site shall be identified. All protected structures within
1,500 feet of the property lines of the well site shall be identified.
All roads related to the development or facility must also be shown.
A sufficient number of copies of the site plan shall be provided for
review and comment by all Borough of Churchill emergency service organizations.
(g)
Traffic study:
[1]
A description of plans for the transportation and delivery of
equipment, machinery, water, chemicals, products, materials and other
items to be utilized in the siting, drilling, stimulating, completion,
alteration and operation of the development or facility. Such description
shall include a map showing the planned vehicular access roads and
the transportation infrastructure being proposed and the type, weight,
number of trucks and delivery schedule necessary to support each phase
of the development.
[2]
An inventory, analysis and evaluation of existing road conditions
on Borough roads along the proposed transportation route identified
by the application, including photography, video and core boring as
determined to be necessary by the Borough engineer(s).
(h)
To the extent that the same is not otherwise included or provided
on copies of applications for permits from the Commonwealth of Pennsylvania
or other governmental units and herewith submitted or where no such
permit is required, the applicant shall provide a water withdrawal
plan for the development identifying the source of water, how many
gallons will be used and withdrawn each day, the origination of the
water, proposed truck routes, and all permits issued by the Commonwealth
of Pennsylvania or any other governmental body. If the development
is to be supplied by way of waterlines, the locations of all proposed
waterlines are to be identified. The site for the treatment and disposal
of the water shall also be identified. The use of nonpotable water
sources is highly encouraged. The use of injection wells for disposal
of fracking fluid is strongly discouraged. The applicant is required
to use best management practices.
(i)
To the extent that the same is not otherwise included or provided
on copies of applications for permits from the Commonwealth of Pennsylvania
or other governmental units and herewith submitted or where no such
permit is required, the applicant shall identify the means and availability
of the site for disposal of cuttings, fracturing fluids, oil, toxic
materials, hazardous materials and other waste products.
(j)
To the extent that the information has been developed, the applicant
shall provide a plan for the transmission of gas from the development.
The plan will identify, but not be limited to, gathering lines, compressors
and other mid- and downstream facilities located within the Borough
and extending 800 feet beyond the Borough boundary.
(k)
The applicant shall provide a sufficient number of copies to
the Borough of the preparedness, prevention and contingency ("PPC")
plan as defined in the PADEP document, "Guidelines for the Development
and Implementation of Environmental Emergency Response Plans," or
the most-recent applicable guidance document, to be distributed to
the Borough Manager, the Emergency Management Coordinator, the Fire
Chief and any other emergency service providers for the Borough.
(l)
Noise management plan.
[1]
An acoustics study shall be prepared and submitted with the
application. The study shall be prepared by an acoustics expert(s)
acceptable to the Borough. The study shall identify the existing background
level of noise and the anticipated noise impact from the proposed
use. The report shall contain measures of existing ambient measurements,
estimates of the noise measurements to be anticipated from the type
of operations and equipment that are proposed for the use and if there
are any significant increases in those noise levels. The report shall
also contain specific proposals that are intended to reduce noise
levels emanating off the site.
[2]
The study shall be based upon actual sound-level measurements
and estimates of potential noise impact at the property lines of the
site of the proposed use; or the applicant/developer shall submit
a statement prepared by an engineer warranting that the nature of
the use will produce no impact on acoustics, in regards to the standards
of this section.
[3]
The noise level shall be established based on a test performed
during a continuous seventy-two-hour time span, which shall include
at least one twenty-four-hour reading during either a Saturday or
Sunday. The testing shall be done by a qualified noise control engineer
or other qualified person approved by the Borough and shall be in
accordance with specifications ANSI S12.18-1994 Method II and ANSI
S1.4-1971. The Borough reserves the right to hire a third-party consultant
to witness testing and review the results, at the sole expense of
the applicant. The sound-level meters used shall meet the American
National Standards Institute's standard for a Type I sound-level meter.
(m)
Environmental impact analysis. To the extent that the same is
not otherwise included or provided within copies of applications for
permits from the Commonwealth of Pennsylvania or other governmental
units and herewith submitted or where no such permit is required,
the applicant shall provide an environmental impact analysis. The
environmental impact analysis shall describe, identify and analyze
all environmental aspects of the site and of neighboring properties
that may be affected by the proposed operations or the ultimate use
proposed to be conducted on the site. The limits of the impact area
to be studied shall be reviewed and approved by the Planning Commission
and the Borough Council. The environmental impact study shall include,
but not be limited to, all critical impact areas on or off site that
may be impacted by the proposed or ultimate use of the facility, including
the impact on the critical areas, the protective measures and procedures
to protect the critical areas from damage, and the actions to be taken
to minimize environmental damage to the critical areas on the site
and surrounding areas during and after completion of the operation.
Critical impact areas include, but are not limited to, stream corridors;
streams; wetlands; slopes in excess of 25%; sites where there is a
history of adverse subsurface conditions or where available soils
information or other geotechnical data, including data from the Bureau
of Mines, indicates the potential for landslides, subsidence or other
subsurface hazards; Class I agricultural lands; highly acidic or erodible
soils; carbonate or highly fractured bedrock; aquifer recharge and
discharge areas; and areas of unique or protected vegetation, wildlife
habitat, and areas of historic, cultural and/or archaeological significance.
(n)
Air quality study. To the extent that the same is not otherwise
included or provided within copies of applications for permits from
the Commonwealth of Pennsylvania or other governmental units and herewith
submitted or where no such permit is required, the applicant shall
provide an air quality study. The study shall be prepared by experts
acceptable to the Borough and submitted with the application and shall
include an analysis of the existing and predicted air quality levels,
including smoke, odors, fumes, dust and pollutants at the site. This
report shall contain the sources of the information, the data and
background tests that were conducted and the conclusions and recommendations
of the professionals preparing the report that would be required to
maintain the air quality at a level equal to or better than the existing
background level prior to the proposed use; or the applicant/developer
shall submit a statement prepared by an engineer warranting that the
nature of the use will produce no impact on air quality.
(o)
Hydrological study. To the extent that the same is not otherwise
included or provided within copies of applications for permits from
the Commonwealth of Pennsylvania or other governmental units and herewith
submitted or where no such permit is required, the applicant shall
provide a hydrological study. The study shall be prepared by a hydrogeologist
acceptable to the Borough. The study shall evaluate the existing surface
and subsurface hydrogeology, based upon historical data and on-site
investigation and studies. The study shall identify groundwater discharge
and recharge areas that may be affected by the proposed use, map the
groundwater table and analyze and delineate the effects of the proposed
use on the hydrology, including surface water and groundwater quantity
and quality. Acceptance of the study is subject to final approval
by the Borough Council. If the study shows an alteration to the groundwater,
the application shall be denied.
(p)
Predevelopment and post-development soil testing. Prior to beginning
any oil and gas development activities, the operator shall be responsible
for testing soil conditions within 300 feet of each well site. The
purpose of testing is to determine the baseline soil conditions surrounding
the proposed well site and address resultant changes that may occur
or have an impact on the soils of the site and surrounding area.
[1]
Predrilling testing results shall be submitted as part of the
conditional use application.
[2]
Post-hydraulic-fracturing testing shall be completed no sooner
than one month after hydraulic fracturing activities have ceased and
no later than two months after hydraulic fracturing activities have
ceased.
[3]
The results shall be submitted to the Borough and PADEP within
10 days of their receipt.
[4]
The operator shall be responsible for all costs associated with
testing, and testing shall be done by an independent, state-certified
testing laboratory agreed upon by the Borough.
(q)
Conditional use approval is nontransferrable without consent
from Borough Council and shall automatically terminate, unless extended,
if drilling is not commenced within one year from the date of issuance
of the approval. The conditional use approval may be extended by the
Borough Council upon written request by the operator, after notice
and hearing. The operator shall provide proof that the requested conditional
use permit for such location has not changed and that the operator
meets all applicable criteria contained in this section.
(r)
The applicant shall provide any and all waivers from owners
of protected structures.
(s)
Scheduling. The applicant shall provide a schedule with the
application indicating the anticipated beginning and ending dates
for the following activities:
[3]
Completion (perforating);
[4]
Stimulation (hydraulic fracturing);
(t)
Insurance. The applicant shall furnish to the Borough a certificate
of liability insurance naming the Borough as an additional insured
with respect to operations conducted within the Borough, showing proof
of liability insurance covering commercial, personal injury, and general
liability in amounts not less than $25,000,000 per occurrence. The
applicant shall fully defend, protect, indemnify, and hold harmless
the Borough, its departments, agents, officers, employees, or volunteers
from and against such and every claim, except for those claims relating
to any negligent, willful or intentional acts of the Borough, its
department, agents, officers, employees, or volunteers. The insurance
coverage may consist of a combination of self-insurance, excess coverage
and umbrella coverage.
(2) General standards.
(a)
Best management practices shall be followed.
(b)
The uses regulated by this section are determined to be land developments and subject to the applicable provisions of the Borough's Subdivision and Land Development Ordinance, codified at Chapter
268 of the Code of the Borough of Churchill, as it may be amended.
(c)
Any hazardous or toxic material shall be securely contained,
stored and removed in accordance with applicable state or federal
regulations. On-site disposal is prohibited. All hazardous materials
stored must be clearly marked, identifying the contents, chemicals,
and hazards as required by the OSHA Hazard Communication Standard,
29 CFR 1910.1200, and National Fire Protection Association ("NFPA")
Code 104 - Standard System for the Identification of the Hazards of
Materials for Emergency Response. All regulated tanks are to be labeled
to an NFPA specification.
(d)
Fracture fluid storage ponds, open pits and reserve pits are
highly discouraged. Closed-loop systems and other related best management
practices, including, but not limited to, the use of netting over
fracture fluid ponds, shall be used during the drilling or completion
of any well.
(e)
Fresh water storage ponds are permitted. The use of nonpotable
water is strongly encouraged.
(f)
All operations shall be in accordance with applicable federal
laws and regulations, the Pennsylvania Oil and Gas Act (58 P.S. § 601.101
et seq.), as amended, and pursuant to all other applicable rules,
regulations and procedures adopted pursuant thereto.
(g)
The operator shall be responsible for prevention and prompt
removal of spills involving waste materials, oil and toxic or hazardous
materials.
(h)
Multiple well pad sites on any one oil and gas development shall
be prohibited, unless the operator proves to the satisfaction of the
Borough that the underlying geology makes using a single well pad
impractical.
(i)
Changes in the site plan, including, but not limited to, any
expansion of the ground surface area used and/or devoted towards drilling
operations, requires a new conditional use approval pursuant to the
terms and conditions of this section.
(j)
Except for emergency and governmental compliance activity, hours
of operation are limited to Monday through Friday, 7:00 a.m. to 7:00
p.m. All deliveries and pickups incidental to the oil and gas development
or facility must occur during the defined hours of operation.
(k)
At least 30 days prior to any development activity at the development
or facility, the operator shall provide the following information
to each property owner within 4,000 feet of the planned surface location
of the development or facility:
[1]
A copy of the site plan submitted as part of the conditional
use application;
[2]
A general description of the planned operations at the development
or facility and associated equipment to be used;
[3]
The contact information for the operator; and
[4]
The availability of the operator to hold a meeting locally with
such residents to present the operator's plans for the development
or facility and to allow for questions and answers. The meeting(s)
shall be held prior to the commencement of development activity.
(l)
A duly authorized representative of the Borough, trained by
the operator or agents of the operator, shall have the authority in
relation to the enforcement of this section to enter upon the property
of a development or facility for the purpose of inspecting the equipment
and all other aspects of the site necessary to assure compliance with
this section.
(m)
The operator of any development or facility shall notify the
Emergency Management Coordinator, Borough Manager and Borough Engineer
no less than 90 days prior to the startup and abandonment or shutdown
of any well site.
(n)
Wellheads shall be located not less than 500 feet from any protected
structure and not less than 200 feet from the nearest property line.
(3) Traffic impact.
(a)
The proposed routes must be designed to minimize the impact
on streets within the Borough. The Borough reserves the right to designate
alternate routes in the event that the applicant's proposed routes
are deemed inadequate, unsafe or overly disruptive to normal vehicular
traffic by the Borough. Vehicles are to operate on state roads and
may only use municipal roads when the use of state roads is not feasible.
The operator shall coordinate truck routes with the school bus schedule
so as to minimize interference with transportation of students to
and from school.
(b)
Prior to the commencement of any activity at the development
or facility, the operator shall enter into a municipal roadway maintenance
and repair agreement with the Borough, in a form acceptable to the
Borough, regarding maintenance, repair and bonding of municipal roads
that are to be used by vehicles for development activities. The applicant
shall take all necessary corrective action and measures as directed
by the Borough pursuant to the agreement to ensure the roadways are
repaired and maintained during and at the conclusion of all development
activities.
(c)
The operator shall take the necessary safeguards to ensure that
the municipal roads utilized remain free of dirt, mud and debris resulting
from development activities and/or shall ensure such roads are promptly
swept and cleaned if dirt, mud and debris occur.
(d)
The operator shall take all necessary precautions to ensure
the safety of persons in areas established for road crossing and/or
adjacent to roadways (for example, persons waiting for public or school
transportation). Where necessary and allowed, during periods of anticipated
heavy or frequent truck traffic associated with the development of
the facility, the operator will provide flagmen to ensure the public
safety and include adequate signs and/or other warning measures for
truck traffic and vehicular traffic.
(e)
There will be no staging of trucks or equipment on local roads.
(f)
A traffic control plan in conformance with PennDOT standards
shall be provided.
(4) Visual.
(a)
The oil and gas development or facility shall be located, designed
and constructed to minimize the removal of trees and shrubs, protect
all natural resources, and minimize the amount of surface disturbance.
(b)
The operator shall not clear brush or trees by way of burning
and shall chip, grind or remove all tree stumps from properties it
clears for development purposes.
(c)
The location and design of structures and site improvements
shall be integrated with the natural color, form and texture of the
surrounding area.
(5) Lighting.
(a)
Lighting shall be in conformance with §
304-23G.
(b)
No well site lighting used for or associated with well site
construction, drilling operations or post-drilling production shall
be positioned in a manner such that it shines directly on public roads,
protected structures, or any property within 3,000 feet of the well
site. Well site lighting must be directed downward and shielded to
prevent glare on public roads and adjacent properties.
(6) Air and water quality.
(a)
Air-contaminant emissions shall be in compliance with all municipal,
county, state and federal regulations, including, without limitation,
the provisions of the Code of the Borough of Churchill, as amended,
and all applicable regulations for smoke, ash, dust, fumes, gases,
odors and vapors.
(b)
The operator shall take the necessary safeguards to ensure appropriate
dust-control measures are in place to prevent visible plumes of dust
from crossing the property line or adversely impacting neighboring
properties.
(c)
Sixty days prior to drilling, the operator shall notify residents
with water wells within 4,000 feet of the gas well of its intentions
to drill. The operator shall provide proof of notice to the Borough.
(d)
All condensate tanks, compressor stations, processing plants
and other production facilities shall be equipped with vapor-recovery
and/or vapor-destruction units.
(7) Noise. Except for emergency and governmental compliance activity, noise shall be regulated by §
304-23C.
(8) Hazards.
(a)
Upon request of the Emergency Management Coordinator, the operator
shall, prior to drilling its first gas well in the Borough, make available
with at least 30 days' notice, at the applicant's sole cost and expense,
an appropriate group training program for emergency responders and
Borough code enforcement personnel. Such training shall be made available
at least annually during any year that drilling activities take place
at the oil and gas development or facility. Training should cover
each phase of the development from site work to well completion. The
Borough shall require a minimum of four hours of annual training,
with additional hours added at the recommendation of the Fire Chief
annually. If additional wells are drilled at the site, the operator
and Emergency Management Coordinator will determine if additional
training is required.
(b)
The applicant shall maintain at the property and on file with
the municipality a current list and the Material Safety Data Sheets
("MSDS") for all chemicals used in the drilling operations (including,
but not limited to, types of additives, acids, polymers, salts, surfactants
and solvents) and in any fracturing operations. If the PPC requires
availability and/or utilization of special equipment or supplies particular
to the hazards or conditions addressed in the PPC, the Borough shall
require the operator to reimburse the Borough for the cost of procurement
of such special equipment or supplies.
(9) Access.
(a)
Beginning with its intersection with a public street, any ingress
or egress point for the development or facility shall be paved for
the first 50 feet and improved with limestone or other material for
the next 100 feet in a manner that no water, sediment, or debris will
be carried onto any public street. If any amount of mud, dirt or other
debris is carried onto public or private rights-of-way from the well
site, the operator shall immediately clean the roads and implement
a remedial plan as directed by the Borough to keep the streets continuously
clean.
[1]
The first 50 feet from the existing edge of pavement extending
into the site shall consist of the following material:
[b] PennDOT Class 4 geotextile fabric.
[c] Eight inches of AASHTO No. 1 crushed aggregate
base course.
[d] Two inches of PennDOT 2A aggregate.
[e] Six inches of Superpave® 25 mm binder course.
[2]
The remainder of the driveway to the well pad shall be constructed
with the following material:
[a] Eight inches of AASHTO No. 1 crushed aggregate
base course.
[b] Two inches of PennDOT 2A aggregate.
(b)
Ingress and egress points for all public and private driveways
or roadways shall be located and improved in order to:
[1]
Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy
of Highways by Driveway and Local Roads, PennDOT Design Manual 2.
[2]
Ensure adequate capacity for existing and projected traffic
volume.
[3]
Provide efficient movement of traffic, including appropriate
turning radii and transition grade.
[4]
Minimize hazards to highway users and adjacent property and
human activity.
(c)
All applicable permits or approvals must be obtained, including,
without limitation:
[1]
Access or driveway permits to state or county roads.
[2]
Overweight or oversize loads.
(10)
Geophysical exploration.
(a)
For any areas of the Borough where the applicant intends to
conduct seismic testing, a licensed geologist must provide a report
regarding the ability of the land to subside due to the proposed operations.
This report must detail the amount of risk of seismic activity because
of existing subsurface conditions and with the introduction of drilling
and fracking.
(b)
The applicant shall post a bond or other security, in a form
to be approved by the Borough, in the amount of $1,000,000 to cover
the cost of any damages as a result of seismic testing.
(11)
Storage of equipment.
(a)
No equipment, including drilling, redrilling, reworking or other
portable equipment, shall be stored on the development or facility
which is not essential to the everyday operation of the development
or facility. This includes the removal of idle equipment unnecessary
for the operation of wells.
(b)
Lumber, pipes, tubing and casing shall not be left on the development
or facility except when drilling or well-servicing operations are
being conducted on the site.
(c)
It shall be illegal to park or store any vehicle or item of
machinery on any street, right-of-way or in any driveway, alley or
on the development or facility which constitutes a fire hazard or
an obstruction to or interference with fighting or controlling fires,
except that equipment which is necessary for the maintenance of the
development or facility or for the gathering or transporting of hydrocarbon
substances from the site.
(12)
Fencing, screening and buffering.
(a)
Security fencing consisting of a permanent, galvanized, chain-link
fence, a minimum of eight feet in height, topped with either razor
or barbed wire, shall be installed prior to the commencement of any
activity at every well site to secure wellheads, storage tanks, separation
facilities, water or liquid impoundment areas, and other mechanical
and production equipment and structures on the well site.
(b)
Security fencing shall be equipped with lockable gates at every
access point and having openings no less than 12 feet wide. Gates
shall be kept locked except when being used for access to the site.
Additional lockable gates used to access the well site, freshwater
ponds or open pits by foot may be allowed, as necessary. The fence
posts shall be set in concrete at sufficient depths to maintain the
stability of the fence.
(c)
The Borough's first responders shall be given means to access
the well site in case of an emergency via lock box or a Borough-approved
equivalent. The applicant must provide the Allegheny County 911 Communications
Center with necessary information to access the development or facility
in case of an emergency.
(d)
Warning signs shall be placed on the fencing surrounding the
development or facility, providing notice of the potential dangers
and the contact information in case of an emergency. During drilling
and hydraulic fracturing, clearly visible warning signage must be
posted on the well site.
(e)
In construction of the oil and gas development or facility,
the natural surroundings shall be considered and attempts made to
preserve existing trees and other native vegetation. Existing trees
and respective root systems should not be disturbed whenever possible.
(f)
All oil and gas developments and facilities shall have a minimum
front, side and rear yard setback of a minimum of 200 feet.
(g)
Any development which abuts a residential use shall provide
a ten-foot buffer strip along the affected boundary line(s). All plants
shall be selected from species that are hardy in the area and shall
be sound nursery stock. Developers will have two options for the buffer
strip:
[1]
Type I buffer: to consist of a double row of native evergreen
conifers and/or American holly planted at oblique lines to one another
so that a continuous screen is provided. All trees shall be a minimum
of 12 feet in height at the time of planting. Trees which die shall
be replaced within six months.
[2]
Type II buffer: A Type II buffer shall consist of a single row
of any species of coniferous tree, shrub or plant that will block
a line of sight from the level of existing grade to at least 12 feet
in height at time of planting.
(h)
In addition to screening, the developer shall submit a general
landscaping plan, including foundation planting around structures.
Any landscaping strip along a Borough right-of-way shall be composed
of plantings that will not block clear views for vehicles entering
or leaving the premises.
(13)
Structure height. Permanent structures of the oil and gas developments
and facilities (both principal and accessory) shall comply with the
height regulations of the applicable zoning district.
(14)
Oil and gas development facilities.
(a)
The following requirements shall apply to oil and gas development
facilities which employ the use of compressors, motors or engines
as part of the operations and/or produce air-contaminant emissions
or offensive odors, subsurface facilities, including horizontal drilling
facilities, gathering system facilities and production facilities.
[1]
All noise-generating equipment and processes shall be contained
within a completely enclosed building, and windows and doors shall
remain closed during operations.
[2]
Adequate public utilities shall be available to meet the demands
of the facility.
[3]
The front, rear and side yard requirements shall be a minimum
of 200 feet.
[4]
The site shall be designed utilizing natural topography and/or
constructed earthen mounds so as to obstruct visibility from adjacent
streets and properties.
[5]
The storage, handling, transportation and disposal of hazardous
or potentially hazardous materials shall be in accordance with all
applicable permits and requirements of the Code of the Borough of
Churchill, the PADEP and the United States Environmental Protection
Agency.
[6]
Secondary containment shall be provided at sites utilizing liquid
separators.
[7]
Compressors and other power-driven equipment shall use sparkless
electrical motors, when practicable, as an alternative to internal
combustion motors.
[8]
If an internal combustion engine is used, it shall not be discharged
into the open air unless it is equipped with an exhaust muffler or
mufflers or an exhaust muffler box constructed of noncombustible materials
sufficient to suppress noise and disruptive vibrations and the ignition
of carbon or soot. All such equipment shall be maintained in good
operating condition according to manufacturer's specifications.
[9]
A security fence, as specified in Subsection
B(12), Fencing, screening and buffering, of this subsection, shall be set back at least 10 feet from the property line and 20 feet from a public right-of-way.
C. Standards and bonding requirements, to include:
(1) Adequate security measures shall be set forth, if
warranted by the character of the surrounding development;
(2) The access road to the well site shall be secured
by a locked gate and means of access shall be provided to Borough
Police and Fire Departments for emergency response;
(3) The access road to the well site shall be improved
with a dust-free, all weather surface in such a manner that no water,
sediment or debris will be carried onto any public street and the
grade shall not exceed 10%;
(4) An off-street area for maintenance vehicles to stand
while gaining entrance to the access road shall be provided that does
not disrupt the normal flow of traffic on the public street;
(5) All piping for transportation from the well to the
transmission lines shall be placed underground to a minimum depth
of three feet, except for fixtures and appurtenances;
(6) Borough Council shall require a performance bond in
the amount of $5,000 to guarantee installation of the access road,
fencing, gate and any other features not otherwise bonded by the PA
Department of Environmental Protection (DEP) required by the Borough
Zoning Ordinance or as a condition of conditional use approval; and
(7) Proposed method of screening of the proposed well which shall comply with current section numbered §
304-31D.
D. Gas and oil well production shall not be located within
200 feet of any dwelling or other inhabited structure.
E. Gas and oil well production access roads shall be
designed to the minimum standards for residential driveways as specified
in Borough ordinances, or as otherwise permitted by the Borough Engineer.
F. Hours of drilling shall not exceed normal construction
times.
[Added 8-5-2019 by Ord.
No. 750; amended 11-16-2020 by Ord. No. 755; 9-11-2023 by Ord. No. 771]
A. A distribution center is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The applicant shall provide a traffic study establishing that the
traffic generated at the site will not have a negative impact on the
neighborhood, which study shall be subject to review and approval
by the Borough Traffic Engineer. The applicant shall make any improvements
required to mitigate excessive impacts on traffic and to ensure traffic
safety.
C. The applicant shall prepare a parking study subject to review and
approval by the Borough Engineer and shall ensure adequate parking
as determined by the Borough based on the approved parking study.
D. The applicant shall provide a lighting study establishing that the light generated by the distribution center will either: i) comply with the criteria set forth in §
304-17; ii) not have a material negative impact on surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, buffers, barriers or other means.
E. The applicant shall provide a noise study establishing that the noise generated by the distribution center will either: i) comply with the criteria set forth in §
304-23C; ii) not have a material detrimental impact on the surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, barriers or other means.
F. The applicant shall prepare an environmental impact study identifying
impacts to air quality, water quality and stormwater management as
a result of the distribution center development. The applicant shall
provide a plan to mitigate any material detrimental impacts and a
list of the required permits and approvals from all federal, state
and local agencies with jurisdiction over such matters.
G. All studies required hereunder will be submitted to the Borough for
review by the Borough Engineer and/or another expert as reasonably
determined by the Borough. The applicant will be responsible for the
costs incurred by the Borough in accordance with the Pennsylvania
Municipalities Planning Code ("MPC"). An escrow fund shall be established by the applicant to
cover the estimated cost of these reviews in accordance with the MPC.
H. The maximum height of the distribution center shall not exceed 40
feet, and the distribution center shall be subject to all other yard
and area requirements contained in Table 201 except to the extent inconsistent with this section.
I. The maximum gross floor area of the distribution center structure
shall not exceed 75,000 square feet.
[Added 4-10-2023 by Ord. No. 768]
A. Use of a property as a short-term rental is permitted as a conditional
use only in the R-1, R-2, R-3, R-4, and R-5 Zoning Districts where
the applicant can establish compliance with the criteria contained
herein.
B. Use of a property as a short-term rental may be permitted under the
following conditions:
(1)
An application for a permit to operate a property as a short-term
rental pursuant to this section shall be submitted to the Borough
in a form to be prescribed by the Borough. On the application, the
applicant shall provide the name, address, phone number, and other
requested information of a contact person to ensure that a representative
of the short-term rental can be contacted at all times in case of
emergency. Each application shall be accompanied by a fee in an amount
established from time to time by resolution of the Borough Council
in order to defray the cost of administering this section.
(2)
Before a property may be used as a short-term rental, the owner
thereof or their representative must obtain a permit and pass an inspection
by the Code Enforcement Officer and/or Building Code Official or other
representative of the Borough. The cost for each inspection shall
be an amount as established from time to time by resolution of the
Borough Council. Where an inspection is scheduled, and the Borough
representative attempts to make an inspection and is unable to make
such inspection at the agreed-upon time and place due to the failure
of the applicant to appear or cooperate, the charge will be collected
against the applicant before any permit shall be issued. Each such
inspection shall be subject to an individual charge per inspection.
(3)
A permit to operate a property as a short-term rental shall
be valid for a period of one year, whereupon an applicant must submit
a new application, arrange for an inspection, and submit the appropriate
fees for same, in order to have a new permit issued.
(4)
The applicant is responsible for retaining all rental records
and must be able to present them at the request of the Borough at
any time.
(5)
Any and all parking shall be located off-street and completely
within the subject lot on which the short-term rental is located.
(6)
If the applicant is a current member of a homeowners' association
which has jurisdiction over the property to be used as a short-term
rental, then the applicant must obtain a letter of approval from such
entity in order to receive a permit. Likewise, if the applicant is
a tenant of the property, then the applicant must obtain a letter
of approval from the landlord and/or record owner of the property
in order to receive a permit.
(7)
Occupancy shall be limited to a maximum of two adults per bedroom
of the property to be used as a short-term rental.
(8)
The use shall not produce objectionable noise, vibration, smoke
or odors in violation of Borough ordinances or regulations.
(9)
The use shall not intensify vehicular or pedestrian traffic
beyond that which is normal for the neighborhood.
(10)
The use shall not cause an increase in the use of water, sewage,
garbage, public safety or any other Borough services beyond that which
is normal for the neighborhood.
(11)
The use shall not cause a negative impact on property values
in the immediate neighborhood.
(12)
The use shall be subject to all other permitting and/or licensing
requirements, safety standards, rules and regulations of the Borough.
(13)
Violation of the provisions of this section, the Churchill Borough
Zoning Ordinance generally, or any other ordinance may result in revocation
of any permit to operate a property as a short-term rental and revocation
of conditional use approval, as well as fines and costs and any other
penalties as set forth in the Churchill Borough Zoning Ordinance and
the Pennsylvania Municipalities Planning Code.
[Added 9-11-2023 by Ord.
No. 771]
A. An adult-oriented use is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. No adult-oriented use shall operate if the establishment would be
within 500 feet of an existing adult-oriented use, school, hospital,
residence, community residential facility, place of worship, place
of assembly, public park and playground or an establishment which
is licensed to sell alcoholic beverages.
C. No such establishment shall permit access to any person under the
age of 18 years.
D. The establishment shall include a double-door entrance, with the
inner door area containing a notice of no less than four square feet
that those choosing to enter will be potentially exposed to obscene
matters or materials.
E. An adult-oriented establishment may be open for business only Monday
through Saturday from 9:00 a.m. to 12:00 midnight, prevailing time.
No adult-oriented establishment shall be open at any time on Sunday
or on a legal holiday as established by 44 P.S. § 11.
F. No materials or merchandise of any kind offered for sale, rent, lease
or loan or for view upon the premises of an adult-oriented establishment
shall be exhibited or displayed outside of a building or structure.
G. An adult-oriented use shall be permitted no more than one sign; said
sign shall be a wall sign or window graphic sign.
[Added 9-11-2023 by Ord.
No. 771]
A. An animal day care is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. At the time of permit application, the applicant shall submit written
operating procedures, such as those required under the provisions
of the Pennsylvania Dog Law. Such procedures shall be followed for the life of the
business and shall prevent animal behavior that impacts surrounding
uses, including excessive barking.
C. The applicant shall furnish evidence of effective means of animal
waste collection and disposal which shall be continuously implemented.
D. Any exterior fenced area wherein animals exercise or are otherwise
exposed must be located a minimum of 150 feet from any principal structure
on adjacent lots, and all outdoor exercise areas shall be located
at least 50 feet from any property line.
E. Animals shall be permitted to exercise within outdoor exercise areas
daily, only between the hours of 8:00 a.m. and 8:00 p.m.
[Added 9-11-2023 by Ord.
No. 771]
A. Animal grooming is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. All activities must occur indoors.
[Added 9-11-2023 by Ord.
No. 771]
A. An animal kennel is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. Such uses shall be located at least 100 feet from any lot line adjoining
a residential use or zoning district and at least 50 feet from any
other lot line.
C. The minimum lot area required for the use shall be 80,000 square
feet.
D. Outdoor runs and similar facilities shall be adequately secured by
a fence with a self-latching gate and shall be screened by a six-foot-high
compact hedge or 100% opaque fence on all sides which are visible
from any street or residential lot.
E. The kennel shall be licensed by the Commonwealth of Pennsylvania
and shall maintain compliance with all applicable rules and regulations
of the Commonwealth of Pennsylvania and the Allegheny County Health
Department.
F. The applicant shall furnish evidence of effective means of animal
waste collection and disposal which shall be continuously implemented.
G. At no time shall the animals be permitted to run loose on the lot
other than in a completely enclosed area.
H. Animals shall be permitted to exercise within outdoor exercise areas
daily, only between the hours of 8:00 a.m. and 8:00 p.m.
[Added 9-11-2023 by Ord.
No. 771]
A. A convenience store is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. Where the site is adjacent to residential development or commercially
zoned properties, landscaping requirements shall include the construction
of a thirty-foot-deep landscaped buffer yard and an opaque or nearly
opaque screen consisting of a wall, fence, or evergreen vegetation
to a height of at least eight feet, in addition to a minimum total
landscaping equal to at least 20% of the area of the site not covered
by buildings.
C. All loading areas shall be at the rear of the building.
D. Dumpsters and all trash areas shall be totally screened from the
public view.
E. Buildings shall be oriented in a manner that screens any drive-through
lane to the maximum extent possible and prioritizes pedestrian pathways
and spaces. Drive-through lanes and service windows shall be located
to the rear or side of buildings.
F. Points of vehicular ingress and egress shall be located at least
60 feet from the intersection of two streets. The use will provide
adequate ingress and egress to minimize traffic congestion in the
public streets, and the site shall be managed to prohibit vehicular
queuing for the drive-through backing up into any public right-of-way.
G. Any drive-through lane shall provide on-site stacking spaces sufficient
to prevent traffic congestion. Stacking spaces shall be a minimum
of 20 feet in length, separate from other vehicular and pedestrian
circulation aisles and parking spaces. Stacking lanes should be separated
through the use of landscaped islands bounded by concrete curbing.
[Added 9-11-2023 by Ord.
No. 771]
A. A funeral home is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The minimum lot size for this use shall be one acre.
C. Crematory facilities as an accessory use shall be completely enclosed
within a building that shall not be constructed closer than 750 feet
from an existing residence, school or day-care center.
D. The owner or operator of any accessory crematory shall install a
continuous emission monitoring system to continuously monitor the
afterburner or secondary chamber temperature and to monitor visible
emissions (opacity). To the extent that the United States Environmental
Protection Agency or Pennsylvania Department of Environmental Protection
creates standards for emission equipment and monitoring, they must
be complied with. All costs for monitoring shall be borne by the applicant.
[Added 9-11-2023 by Ord.
No. 771]
A. Gaming or racetrack amusement is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The maximum gross floor area of a gaming or racetrack amusement facility
shall not exceed 75,000 square feet.
C. At the discretion of the Borough Engineer, the applicant shall provide
a traffic study establishing that the traffic generated at the site
will not have a negative impact on the neighborhood, which study shall
be subject to review and approval by the Borough Engineer. The applicant
shall make any improvements required to mitigate excessive impacts
on traffic and to ensure traffic safety.
D. At the discretion of the Borough Engineer, the applicant shall prepare
a parking study subject to review and approval by the Borough Engineer
and shall ensure adequate parking as determined by the Borough based
on the approved parking study.
E. At the discretion of the Borough Engineer, the applicant shall provide a noise study establishing that the noise generated will either: i) comply with the criteria set forth in §
304-23C; ii) not have a material detrimental impact on the surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, barriers or other means.
[Added 9-11-2023 by Ord.
No. 771]
A. A gasoline service station is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The premises upon which the gasoline station is located shall have
frontage on and direct vehicular access to an arterial street and
may have additional direct vehicular access to a collector street.
C. Dumpsters and all trash areas shall be totally screened from the
public view.
D. All loading areas shall be at the rear of the building.
E. The maximum height of the principal structure shall be 20 feet and
shall be limited to one story. The maximum height of a canopy over
gas pumps shall be 16 feet. Solar panels mounted to the canopy shall
not count against the height limit.
F. Lighting of any canopy over gas pumps shall be installed as internal
illumination of the canopy only. All lights within the canopy shall
meet International DarkSky full-cutoff requirements.
G. No signage is permitted on any canopy over gas pumps.
H. All sides of a building should express consistent architectural detail
and character. All site walls, screen walls and pump island canopies
should be architecturally integrated by using similar material, color
and detailing.
I. Where the site is adjacent to residential development or commercially
zoned properties, landscaping requirements shall include the construction
of a thirty-foot-deep landscaped buffer yard and an opaque or nearly
opaque screen consisting of a wall, fence, or evergreen vegetation
to a height of at least eight feet, in addition to a minimum total
landscaping equal to at least 20% of the area of the site not covered
by buildings.
[Added 9-11-2023 by Ord.
No. 771]
A. A hotel is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. A twelve-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
C. Rooftop mechanicals shall be screened from public view.
D. Dumpsters shall be completely enclosed by a wall or solid fence at
least six feet in height.
[Added 9-11-2023 by Ord.
No. 771]
A. A light industrial use is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. All activities shall take place indoors.
C. The facility shall be designed and constructed so that there shall
be no danger to the health, safety or welfare of persons on adjoining
properties.
D. All ventilation systems shall be designed so that any smoke, odors
or fumes shall not be directed toward abutting properties.
[Added 9-11-2023 by Ord.
No. 771]
A. Mixed use is permitted as a conditional use in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. Uses permitted to be combined for a mixed use development are limited
to those uses which are permitted in the C-1 District.
C. At the discretion of the Borough Engineer, the applicant shall provide
a traffic study establishing that the traffic generated at the site
will not have a negative impact on the neighborhood, which study shall
be subject to review and approval by the Borough Engineer. The applicant
shall make any improvements required to mitigate excessive impacts
on traffic and to ensure traffic safety.
D. At the discretion of the Borough Engineer, the applicant shall prepare
a parking study subject to review and approval by the Borough Engineer
and shall ensure adequate parking as determined by the Borough based
on the approved parking study.
E. Parking facilities are strongly encouraged to reflect shared parking
agreements across compatible uses. The Borough Manager may adjust
parking requirements in cases where staff determines that parking
needs can be met through such a formal arrangement.
[Added 9-11-2023 by Ord.
No. 771]
A. Office, professional is permitted as a conditional use in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. Dumpsters and all trash areas shall be totally screened from the
public view.
C. All loading areas shall be at the rear of the building.
D. At the discretion of the Borough Engineer, the applicant shall provide
a traffic study establishing that the traffic generated at the site
will not have a negative impact on the neighborhood, which study shall
be subject to review and approval by the Borough Engineer. The applicant
shall make any improvements required to mitigate excessive impacts
on traffic and to ensure traffic safety.
E. At the discretion of the Borough Engineer, the applicant shall prepare
a parking study subject to review and approval by the Borough Engineer
and shall ensure adequate parking as determined by the Borough based
on the approved parking study.
[Added 9-11-2023 by Ord.
No. 771]
A. Personal services is permitted as a conditional use in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. Dumpsters and all trash areas shall be totally screened from the
public view.
C. All loading areas shall be at the rear of the building.
D. At the discretion of the Borough Engineer, the applicant shall provide
a traffic study establishing that the traffic generated at the site
will not have a negative impact on the neighborhood, which study shall
be subject to review and approval by the Borough Engineer. The applicant
shall make any improvements required to mitigate excessive impacts
on traffic and to ensure traffic safety.
E. At the discretion of the Borough Engineer, the applicant shall prepare
a parking study subject to review and approval by the Borough Engineer
and shall ensure adequate parking as determined by the Borough based
on the approved parking study.
[Added 9-11-2023 by Ord.
No. 771]
A. A place of worship is permitted as a conditional use in the R-3 Residential District and the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The point of ingress/egress shall be located in a manner that minimizes
detrimental traffic impacts (both pedestrian and vehicular) on the
surrounding neighborhood.
C. All dumpsters and/or waste collection areas shall be enclosed by
a solid masonry screen.
D. Maximum height of outdoor parking area and roadway lighting shall
be 25 feet.
E. Such facilities are encouraged to explore shared parking agreements
with nearby compatible uses. The Borough Manager may adjust parking
requirements in cases where staff determines that parking needs can
be met through such a formal arrangement.
[Added 9-11-2023 by Ord.
No. 771]
A. A recreation facility is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from noise,
light or other disturbance or interruption.
C. All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when an attendant is not
present, and shall be constructed in accordance with all applicable
state requirements.
D. All tennis courts and sport courts shall be protected by a permanent
fence 10 feet in height with the line extending 10 feet beyond the
playing area in each direction. The fence shall include windscreen
fabric on all four sides. Fences may be constructed within the setbacks.
Tennis courts and sport courts are included in the impervious coverage
limitation of the lot.
E. Play equipment 120 square feet or a height of 10 feet shall conform
to setbacks of accessory structures. Play structures less than 120
square feet do not have setback requirements if located in rear or
side yards.
[Added 9-11-2023 by Ord.
No. 771]
A. A research lab is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
C. Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
D. An inventory of toxic, corrosive, flammable, carcinogenic or explosive
materials, chemicals, liquids, gases or solids shall be updated annually
and filed with the Fire Chief of the Churchill Volunteer Fire Company.
E. Loading areas shall not be visible from a public right-of-way or
an adjacent residence. A landscaped buffer yard of a minimum of 25
feet in width shall be provided adjacent to all existing residences.
Buffer yards shall be landscaped with a combination of deciduous and
evergreen trees, shrubs, ornamental grasses and ground covers. Grass,
sod, lawn or turf shall not be considered an acceptable plant for
use within landscaped buffer yards.
[Added 9-11-2023 by Ord.
No. 771]
A. A restaurant - convenience/fast food is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The hours of operation and activities for a restaurant shall be appropriately
scheduled to protect adjoining neighborhoods from detrimental noise,
disturbance or interruption.
C. All dumpsters shall be located in the rear setback yard and shall
be screened. All screens shall have a height of at least eight feet
and shall have a minimum opacity of 80%.
D. Mechanical equipment location(s) shall be designed and screened so
that visibility from an adjacent residential zoning district is minimized
to the greatest extent possible.
E. Buildings shall be oriented in a manner that screens any drive-through
lane to the maximum extent possible and prioritizes pedestrian pathways
and spaces. Drive-through lanes and service windows shall be located
to the rear or side of buildings.
F. Any drive-through lane shall provide on-site stacking spaces sufficient
to prevent traffic congestion. Stacking spaces shall be a minimum
of 20 feet in length, separate from other vehicular and pedestrian
circulation aisles and parking spaces. Stacking lanes should be separated
through the use of landscaped islands bounded by concrete curbing.
[Added 9-11-2023 by Ord.
No. 771]
A. A restaurant - table service is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The hours of operation and activities for a restaurant shall be appropriately
scheduled to protect adjoining neighborhoods from detrimental noise,
disturbance or interruption.
C. All dumpsters shall be located in the rear setback yard and shall
be screened. All screens shall have a height of at least eight feet
and shall have a minimum opacity of 80%.
D. Mechanical equipment location(s) shall be designed and screened so
that visibility from an adjacent residential zoning district is minimized
to the greatest extent possible.
[Added 9-11-2023 by Ord.
No. 771]
A. A restaurant- counter service is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The hours of operation and activities for a restaurant shall be appropriately
scheduled to protect adjoining neighborhoods from detrimental noise,
disturbance or interruption.
C. All dumpsters shall be located in the rear setback yard and shall
be screened. All screens shall have a height of at least eight feet
and shall have a minimum opacity of 80%.
D. Mechanical equipment location(s) shall be designed and screened so
that visibility from an adjacent residential zoning district is minimized
to the greatest extent possible.
[Added 9-11-2023 by Ord.
No. 771]
A. A retail store, neighborhood is permitted as a conditional use only in the C-1 and C-2 Commercial Districts where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. A retail store, neighborhood shall not exceed 8,000 square feet in
floor area.
C. All dumpsters shall be located in the rear setback yard and shall
be screened. All screens shall have a height of at least eight feet
and shall have a minimum opacity of 80%.
D. Mechanical equipment location(s) shall be designed and screened so
that visibility from an adjacent residential zoning district is minimized
to the greatest extent possible.
[Added 9-11-2023 by Ord.
No. 771]
A. A retail store, community is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. A retail store, community shall not exceed 120,000 square feet in
floor area.
C. The applicant shall provide a traffic study establishing that the
traffic generated at the site will not have a negative impact on the
neighborhood, which study shall be subject to review and approval
by the Borough Traffic Engineer. The applicant shall make any improvements
required to mitigate excessive impacts on traffic and to ensure traffic
safety.
D. The applicant shall prepare a parking study subject to review and
approval by the Borough Engineer and shall ensure adequate parking
as determined by the Borough based on the approved parking study.
Parking facilities are strongly encouraged to reflect shared parking
agreements across compatible uses. The Borough Manager may adjust
parking requirements in cases where staff determines that parking
needs can be met through such a formal arrangement.
E. The applicant shall provide a lighting study establishing that the light generated by the retail store will either: i) comply with the criteria set forth in §
304-17; ii) not have a material negative impact on surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, buffers, barriers or other means.
F. At the discretion of the Borough Engineer, the applicant shall provide a noise study establishing that the noise generated by the retail store will either: i) comply with the criteria set forth in §
304-23C; ii) not have a material detrimental impact on the surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, barriers or other means.
G. At the discretion of the Borough Engineer, the applicant shall prepare
an environmental impact study identifying impacts to air quality,
water quality and stormwater management as a result of the retail
store development. The applicant shall provide a plan to mitigate
any material detrimental impacts and a list of the required permits
and approvals from all federal, state and local agencies with jurisdiction
over such matters.
H. All dumpsters shall be located in the rear setback yard and shall
be screened. All screens shall have a height of at least eight feet
and shall have a minimum opacity of 80%.
I. Mechanical equipment location(s) shall be designed and screened so
that visibility from an adjacent residential zoning district is minimized
to the greatest extent possible.
[Added 9-11-2023 by Ord.
No. 771]
A. A school is permitted as a conditional use only in the R-3 Residential District and C-1 and C-2 Commercial Districts where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The minimum lot size shall be two acres.
C. A school shall have direct access to an arterial, connector or collector
street. The point of ingress/egress shall be located in a manner that
minimizes detrimental traffic impacts (both pedestrian and vehicular)
on the surrounding neighborhood.
D. The location, orientation and lot circulation shall be coordinated
with Borough Council in order to minimize the disturbance of neighborhood
traffic patterns.
E. All dumpsters and/or waste collection areas shall be enclosed by
a solid masonry screen at least eight feet in height.
[Added 9-11-2023 by Ord.
No. 771]
A. A self-service storage facility is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The storage of hazardous materials such as toxic or explosive substances
is prohibited.
C. Wholesale or retail sales, garage sales, flea markets, or outside
storage is prohibited.
D. The maximum size of the individual storage units shall be 500 square
feet.
E. Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
F. The lot shall have direct ingress/egress to a public collector or
arterial road.
G. Vehicular access to the lot shall be limited to one two-way or two
one-way driveways from each arterial or collector road on which the
lot has frontage.
H. A minimum eight-foot fence with a self-latching gate shall be placed
on the interior side of each buffer yard. The fence shall be supplemented
with screening material which creates a visual barrier that is at
least 80% opaque.
I. Maximum lot coverage by all buildings shall be 40%.
J. The maximum length of any storage building shall be 200 feet.
K. No business activity other than rental of storage units shall be
conducted on the premises.
[Added 9-11-2023 by Ord.
No. 771]
A. Vehicle sales are permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. Only a factory-authorized dealer in new vehicles is permitted. Used
or rental vehicles will only be permitted in conjunction with a factory-authorized
dealer in new equipment.
C. The dealer shall provide an indoor showroom for the new equipment
or vehicles.
D. Only vehicles in showroom condition may be displayed on the property
forward of the building setback line.
E. All vehicles not in showroom condition (including but not limited
to those received in trade, awaiting repairs, for lease, etc.) shall
be stored behind the building setback line and screened from view
from the right-of-way and from adjoining properties by a landscape
screen or fence of appropriate design as approved by Borough Council.
[Added 9-11-2023 by Ord.
No. 771]
A. A vehicle repair garage is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. The maximum lot area for an automobile services establishment shall
be 20,000 square feet.
C. All authorized repair and service work, car washing and lubrication
shall be conducted within a completely enclosed building.
D. All automobile parts and accessories, dismantled vehicles and similar
materials shall be stored within a completely enclosed building.
E. All fuel, oil and other flammable substances shall be stored at least
25 feet from any lot line.
F. Vehicles left outdoors after business hours shall be limited to those
awaiting service or pickup within 48 hours.
G. An automobile service station shall have direct ingress/egress to
an arterial road, as defined by this chapter, or shall have a point
of ingress/egress from a public or private street within the lot of
a shopping center.
[Added 9-11-2023 by Ord.
No. 771]
A. A vehicle wash is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and §
304-31.
B. All automated washing facilities shall be in a completely enclosed
building. All other car washing facilities shall be under a roofed
structure which has at least two walls.
C. Drainage water from the washing operation shall be controlled so
that it does not flow or drain onto berms, streets or other property.
D. The facility shall be connected to a public sanitary sewer.
E. Paved areas shall be sloped to an acceptable storm drainage system.
Areas of the lot not paved shall be landscaped and maintained.
F. Access shall be limited to two driveways and one additional driveway
on a second street where the lot abuts a second street; such driveways
shall not be more than 35 feet wide at the lot line. No driveway shall
be located within 75 feet of any street intersection, measured from
the point of crossing of intersecting street right-of-way lines abutting
the lot and the edge of the driveway nearest the intersection.