A. 
Lots which have frontage on more than one street shall provide the required front yard setback along each street.
B. 
All structures as defined in Article II, whether attached to the principal structure or not, and whether open or closed, including porches, garages, carports, balconies or platforms above normal grade level, shall not project into any minimum front yard, side yard or rear yard.
A. 
No exterior storage of material or equipment shall be permitted in connection with an industrial or commercial use unless such storage is effectively screened from sight by trees, landscaped earth forms, fencing, compact hedges or a combination of these that is acceptable to the Township.
B. 
Dumpsters shall be located on a concrete pad at the side or rear of the manufacturing or commercial facility and shall be screened from view by compact planting or an opaque fence. (See § 455-15.12.)
In a Commercial or Suburban Manufacturing District, all uses shall be conducted only within an enclosed building except as herein and after excepted. Outdoor storage of equipment and materials essential to the normal operation of the business shall be effectively screened from sight by trees, landscaped earth forms, fencing, compact hedges or a combination of these.
It shall be unlawful for the owner of land or for any other person to strip, dig or otherwise remove soil, dirt, slag, sand, gravel or other ground from premises for the purposes of sale or for other commercial purposes. The foregoing shall not prohibit the disposition and sale of excess material excavated from premises upon which a zoning/building permit has been issued and a building is being constructed pursuant to Township ordinance, or where a developer, pursuant to a plan approved by the Township and under a permit for grading issued by the Township, must dispose of excess material.
[Amended 4-8-2025 by Ord. No. 1442]
A. 
No person shall conduct or allow to be conducted any temporary outdoor activity as defined in Article II (including those specifically listed herein) without first obtaining a temporary use permit therefor, where required, in compliance with the terms of this article.
B. 
A signed application on a form furnished by the municipality shall be filed with the Zoning Officer 10 working days prior to the commencement of the temporary outdoor activity.
C. 
All temporary outdoor activities shall require review and approval by the Zoning Officer and issuance of a temporary use permit, including the following:
(1) 
Seasonal sale of produce whether from a portable stand or sectional display unit wherein items are displayed;
(2) 
The sale of trees or shrubbery for seasonal events;
(3) 
The periodic sale of crafts such as leather goods, furniture or art from a vehicle;
(4) 
The sale of special event T-shirts, clothing items, or sports related items from a vehicle;
(5) 
Multi-day, multi-family yard sales, estate sales and auctions;
(6) 
Sidewalk sales and other similar activities, which shall be permitted (a) only in commercially zoned areas and (b) only for a maximum of seven consecutive days, limited to three per year;
(7) 
Temporary structures and construction trailers, including, but not limited to pods and debris containers (see Subsection G of this section);
(8) 
Organized charitable events;
(9) 
Organized promotional events;
(10) 
Carnivals;
(11) 
Circuses;
(12) 
Assemblies;
(13) 
Marathons, bicycle races or road rallies;
(14) 
Antique car shows;
(15) 
Still or motion pictures.
D. 
Conditions for all temporary use permits.
(1) 
All temporary uses shall be compatible with other uses permitted in the zoning district in which the use is proposed. Yard sales in residential zoning district shall be considered compatible only when the activity is conducted so as to minimize its impact on surrounding properties.
(2) 
The temporary use shall not involve the construction or alteration of any permanent structure.
(3) 
If the use involves the construction or placement of a temporary structure, the structure shall be removed within 48 hours of the expiration of the designated time period for the approved temporary use or upon the completion of the construction project for which it is erected, but not to exceed 60 days.
(4) 
The temporary use shall not involve the creation of any nuisance to adjoining properties or public or private road, including excessive noise, odors, glare or vibrations. Items which will be considered in making this determination will be: projected hours of operations; volume of traffic; available parking, projected traffic patterns; and type of activity.
(5) 
No person shall, in order to promote the sale or promotion of any goods, wares, merchandise or services, or in connection with any trade or business operate from any premises, building, vehicle, or on any street any horn, bell, chimes, loudspeaker or any other sound device. No applicant shall permit the following on the permitted premises:
(a) 
Excessive shouting or crying out.
(b) 
Activity or conduct in violation of any municipal, state or federal laws or duly enacted ordinances or regulations.
E. 
Except for sidewalk sales and temporary structures and construction trailers, the temporary use permit shall be issued for a period of 21 days. Any temporary use permit may contain conditions which the Zoning Officer may deem necessary to minimize inconvenience to the public. Such conditions may include, but are not limited to, the hours during which the temporary outdoor activity may operate and the duration of said activity and traffic safety measures. Further, the Zoning Officer may require the applicant to make arrangements with the Police Department of the municipality for traffic and crowd control. All costs for said control measures shall be borne entirely by the applicant. Violation of the conditions of the permit shall render the permit null and void, constitute a violation of this article and subject the applicant to the penalties provided for in this chapter.
F. 
Upon application, the Zoning Officer may renew and extend the permit for a period of not more than seven days. One temporary use permit and one renewal may be issued in any one twelve-month period, except as otherwise specified. No extension is permitted for a sidewalk sale. The permit shall be maintained on the property where the subject temporary outdoor activity is conducted at all times and shall be available on demand for inspection and review by any municipal official, representative or employee.
G. 
Temporary structures and construction trailers. The Zoning Officer shall issue a temporary use permit for occupancy of temporary structures only when they are incidental to permitted nonresidential uses, such as outdoor display or sales areas, or construction trailers, sales offices or other temporary business offices to be maintained during construction of any permanent structure or structures for which a zoning/building permit has been issued, provided that all of the following requirements have been met:
(1) 
Temporary use permits for temporary structures as herein defined shall be granted for a period of not to exceed 12 months.
(2) 
The temporary use permit for temporary structures shall be canceled upon written notice by the Zoning Officer or a designated agent of O'Hara Township, if construction of the permanent structure is not diligently pursued or if the existing use is discontinued.
(3) 
All temporary structures shall be located at least 18 feet from any property lines.
(4) 
All temporary structures which are proposed to be accessible to the public shall be located at least 100 feet from any construction entrance or from the foundation of any structures which is under construction.
(5) 
Vehicular access to all temporary structures which are proposed to be accessible to the public shall be designed to ensure pedestrian safety.
(6) 
The construction of said temporary structure shall comply with the Township's Building Code.[1]
[1]
Editor's Note: See Ch. 170, Construction Codes.
[Amended 4-8-2025 by Ord. No. 1442]
A. 
Commercial vehicles.
(1) 
No commercial vehicle shall be parked on any street, vacant residential lot or right-of-way for any length of time within any residential district, except while loading or unloading a transient delivery.
(2) 
Commercial vehicles must be parked in the rear yard of a developed lot not visible from the street, or in an enclosed structure. Setback requirements must be met for the zoning district for which the parcel is located. Nonconforming parcels shall not be made more nonconforming.
(3) 
Any commercial vehicle so parked in the rear yard of a developed lot must be properly registered, inspected, in proper working order and in active use.
(4) 
Private commercial vehicles designated by the Pennsylvania Motor Vehicle Code[1] as an automobile or a Class P and Class SU vehicle that are used daily to travel to and from a work location by a resident of the premises, and have less than 10% of its surface area covered by a corporate logo, are not considered a commercial vehicle and shall not have its parking restricted by this provision.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
B. 
Commercial trailers.
(1) 
The parking of commercial trailers is prohibited on any street, in the front or on the side of a developed residential lot, vacant residential lot or right-of-way for any length of time within any residential district, except while loading or unloading a transient delivery.
(2) 
One commercial trailer may be parked in the rear yard on pavement or prepared area and not be visible from the street, or in an enclosed structure.
(3) 
Any commercial trailer parked in the rear yard of a developed residential lot must be properly registered, inspected, in proper working order and in active use.
C. 
Mobile homes, motor homes, recreational vehicles, recreational boats and recreational trailers.
(1) 
At no time may a mobile home, motor home, recreational vehicle, recreational boats and recreational trailers (all referred to as "recreational vehicles" in this provision) be parked on any residential street for any length of time.
(2) 
At all times of the year, recreational vehicles may be parked/stored on a paved or prepared area in the rear yard, in the buildable area behind the principal structure, between the rear setback line and the rear face of the principal structure, regardless of size.
(3) 
An individual who presently resides in a dwelling may apply for a recreational vehicle permit ("permit") annually to park one specific recreational vehicle 25 feet or less in length, in the dwelling's driveway, or on a paved or prepared area on the buildable area of the property. Recreational vehicles shall only be parked on property with a dwelling. Permit applications may be submitted online. The permit shall indicate the effective day the permit becomes valid.
(4) 
This subsection shall not supersede homeowners' association rules, deed restrictions, covenants, or any other legal document related to a dwelling.
(5) 
If a new recreational vehicle is acquired, the owner shall request the existing permit be canceled and apply for a recreational vehicle permit for the new recreational vehicle. A recreational vehicle permit may be issued pursuant to the following conditions:
(a) 
A recreational vehicle permit may be issued for the period from May 1 and may not extend beyond October 1.
[1] 
During the off-season, a temporary use permit may be issued up to three times in the same year. Each permit shall be valid for a maximum of 72 hours. Temporary use permits shall not be issued less than two weeks between permits.
(b) 
The recreational vehicle permit shall be valid beginning at the time the permit is issued regardless of whether the vehicle may be in use and not parked at the dwelling during the permit time period.
(c) 
The one recreational vehicle registered under the permit must be properly registered, licensed, in good, working order at all times.
(6) 
Any line-of-sight obstruction or other sight obstruction for safe travel of vehicles or pedestrians out of adjacent driveways or along roadways caused by the parked recreational vehicle shall result in: (i) the required relocation of the recreational vehicle to a safe location in the driveway; or (ii) required removal from the driveway, and revocation of the recreational vehicle permit.
(a) 
The determination of sight obstruction is at the Township's sole discretion.
(b) 
If found to constitute a sight obstruction by the Township, the recreational vehicle must be relocated within 48 hours of receiving written notice from the Township or the recreational vehicle permit may be revoked.
(7) 
At no time may a recreational vehicle be used as an accessory structure, whether inhabited or not, to the principal structure. This prohibition includes, but is not limited to, storing of material, storing of debris or refuse, living quarters for any living creature, or living quarters for humans.
No vehicle which is disabled, from which the wheels or engine have been removed, which is not in operating condition or which does not have a current motor vehicle safety sticker attached, shall be placed, parked, stored or repaired on any street, right-of-way or in any yard in any district, nor shall any owner or occupant of property in any district permit said property to be used for the parking, storage or repair of said motor vehicles. The foregoing shall not prohibit the use of rental space in a private or public garage or permitted public parking lot or repairs in a permitted garage in a Commercial or Manufacturing District. In addition, the above regulations shall not apply to the temporary repair of a vehicle by an owner or occupant of property for a period not to exceed 48 hours in any one month.
Temporary residence in a basement or foundation structure or any portion of a structure before completion of the total structure and issuance of an occupancy permit shall not be permitted. In addition, temporary occupancy in a recreation vehicle or motor home being stored or parked within the Township shall be considered a violation of this section.
Any facility for water recreation such as private swimming pools, wading pools, swimming clubs, shall comply with the following regulations:
A. 
The facility must meet the setback requirements.
B. 
The facility must be enclosed by a fence no less than four feet high to prevent uncontrolled access by small children.
C. 
Before a permit for construction or occupancy shall be issued to the operator or owner of the facility, a plan shall show the size of facility, proposed use, parking arrangement and use of buildings on site, surrounding properties and their usage, and any other pertinent information.
D. 
Disposal of water to sanitary sewer.
(1) 
Neutralize pool backwash water, pool cleaning wastewater and standing water before discharging to the sanitary sewer system by following these steps:
(a) 
Prior to disposal of pool water to a sanitary sewer, shut off the chlorination system, if there is one, or stop adding chlorine.
(b) 
Hold the water in the pool or hot tub for at least two weeks to allow the chlorine to dissipate.
(c) 
Measure the chlorine level in the pool or hot tub prior to discharging the water. The water should not show any detectable levels of chlorine. A longer holding period may be necessary if chlorine levels continue to remain at detectable levels at the end of two weeks. Chlorine measurements can be made with a chlorine test kit (colorimetric).
(2) 
Plan discharge for low-use times of sewer flow such as afternoon or late night hours.
(3) 
Use small volume pump and control discharge so it does not spill out (<800 gallons per minute).
(4) 
Discharge with hose into access "cap" of the private property sewer cleanout. DO NOT use public manholes or cleanouts.
(5) 
Care should be taken to make sure the discharge goes into a sanitary sewer and not a storm sewer, which would discharge to a stream. If sanitary sewers are not in the immediate area, the wastewater should be hauled off-site for disposal at an approved treatment facility.
(6) 
Water from backwashing pool filters should not be discharged to a stream, ditch, or storm sewer. Backwash from pool filters must be discharged to the sanitary sewer, on-site septic tank and drain field system (if properly designed and adequately sized), or a seepage pit.
E. 
Discharge of water.
(1) 
If the discharge of water to a sanitary sewer is not feasible, then the following guidelines must be followed before discharging the water:
(a) 
Prior to disposing or using the water for irrigation, shut off the chlorination system if there is one, or stop adding chlorine.
(b) 
Hold water in the pool or hot tub for two weeks to reduce the chlorine level.
(c) 
Discharge or use the water for irrigation in an area where the water will not flow into a stream or storm sewer.
(d) 
Discharge or use the water for irrigating the property and ensure that it does not flow off the property.
(e) 
Discharge or use the water for irrigation in a manner that will prevent nuisance conditions (such as creation of odors, and fly and mosquito breeding conditions). Nuisance conditions occur when water is held in the pool for a prolonged period.
(2) 
The discharge should be at a rate which prevents erosion and optimizes filtration. In no event should pool water be directly discharged to waters of the commonwealth.
F. 
Standing water or accumulated rain and/or pool water from the previous season should be pumped from the top so as not to disturb settled solids. Solids on the pool bottom should not be discharged. After the water has been pumped, solids should be cleaned out manually. The discharge should not raise stream temperatures by more than 2° F. in a one-hour period or a total of 5° F. The pH should be between six and nine standard units and total chlorine residual should be 0.0 mg/l.
G. 
Cleaning wastewaters that contain muriatic acid or chlorine that is used in cleaning pool surfaces should be treated prior to discharge. Muriatic acid wastewater should be neutralized to a pH between six and nine standard units. Chlorine rinses should stand for a period of 10 days to allow chlorine degradation prior to discharge. Total chlorine residual of the wastewater discharge should be less than 0.5 mg/l. Temperature should be monitored as described above (standing water). Chlorine rinse water pH should be between six and nine standard units.
Agricultural operation uses shall comply with the following supplemental regulations:
A. 
No farm building other than a dwelling may be erected within 300 feet of a neighboring property.
B. 
Intensively used facilities for animal raising and care, including but not limited to such facilities as feed lots, runs and pens, shall not be constructed within 500 feet of a neighboring property.
C. 
Roadside stands for sale of agricultural products shall be permitted, provided:
(1) 
They are erected at least 50 feet back from the nearest edge of roadway surface.
(2) 
Parking spaces are provided off the road right-of-way.
(3) 
They shall be used exclusively for the sale of agricultural products grown on the site by the owner of the site.
D. 
The keeping, raising and housing of farm animals on residential sites shall not be permitted, except that household pets shall not be prohibited. Ponies, horses and kennels, provided they are not for commercial use, shall be permitted on premises containing five acres or more, providing said animals shall be housed and maintained in such manner as not to cause any disturbance or nuisance to neighboring properties.
E. 
No commercial agriculture shall be conducted on property containing less than 10 acres in area.
Model farm uses shall comply with the following supplemental regulations:
A. 
No farm building other than a dwelling may be erected within 100 feet of an adjoining lot line.
B. 
Intensively used facilities for animal raising and care, including but not limited to such facilities as feed lots, runs and pens, shall not be constructed within 200 feet of an adjoining lot line.
C. 
The lot on which a model farm is located shall have no less than 10 acres in lot area.
D. 
The owner of the model farm must reside in a residence located on the lot on which the model farm is located.
A. 
An approved fence may be erected and maintained at any point on any lot in any district. Notwithstanding the foregoing, no fence shall be built upon, interfere with, or project over or on to any public right-of-way or interfere with any sight distances at intersections of streets or from driveways on the owner's lot or any other lot. In the SM Suburban Manufacturing District, a fence may be erected up to 10 feet in height. Retaining walls and fences must comply with the Township Building Code.[1]
[1]
Editor's Note: See Ch. 170, Construction Codes.
B. 
Wire fencing or woven-wire fencing shall not be permitted in front yards or residential areas other than small, non-enclosing, decorative or corner fences for shrubs. Wire fencing or woven wire fencing shall be permitted in farm areas or larger areas for the purpose of enclosing animals in pastures or fields. Wire fencing or woven-wire fencing shall be permitted in the rear yard areas of residentially zoning properties only where they are effectively screened from public streets or surrounding property by shrubbery, land grades or other approved fencing materials. Chain-link fencing is not permitted in any front yard. Construction fences are permitted on a temporary basis, not to exceed six months without a permit, provided that an associated building or grading permit has been issued for the site and a request is made in writing setting forth all pertinent detail. The Township reserves the right to require the fence to be earth tone colors (i.e., green, brown or beige) if the installation is in a residential neighborhood.
C. 
Prohibitions.
(1) 
Barbed-wire fencing is prohibited within the Township of O'Hara on any lot in or abutting a residential zone.
(2) 
Razor wire and razor ribbon fencing are prohibited within the Township of O'Hara on any lot in or abutting a residential zone.
(3) 
Subject to all other applicable restrictions, electric wire fencing or any other electrified fencing is permitted within the Township of O'Hara only if the following conditions are met:
(a) 
The electric fence controller (the device which puts the voltage on the wire or wires of the fence, usually containing a positive and negative terminal) must be approved by Underwriters Laboratories (UL).
(b) 
The approved electric fence controller may not be modified.
(c) 
The following safety standards must be met:
[1] 
Continuous current or an alternating sixty-hertz current in the fence is not permitted;
[2] 
The voltage on the wire must be pulsed, with at least one second between each pulse; and
[3] 
The enclosure must be designed and maintained so that there is no risk of shock, fire, injury or other hazards to person or property.
(d) 
The same requirements of UL Standard 69, as the same is modified, amended, supplemented or replaced from time to time, shall be met on each day the fence is maintained.
(e) 
Warning signs shall be placed along the fence sufficient to warn persons of the location and nature of the fence. In particular, such signs shall be designed to convey a message of danger to small children who may be unable to read.
(f) 
The electrical fence must be installed in accordance with the National Electric Code and must be inspected by an independent electrical agency approved by the Township, and a copy of the electrical inspection report must be filed with the Township.
D. 
No fence, wall or other like divisional construction shall be erected, constructed, replaced or moved until a permit has been received from the Zoning Officer. The application for said permit shall be on a form provided by the Township, and shall require such information as is needed to demonstrate compliance with the applicable provisions of the Zoning Ordinance. A fee may be charged in an amount determined from time to time by Council by resolution.
E. 
Nothing contained herein shall be interpreted to prohibit fences consisting of underground electrical wiring, commonly referred to as "silent" or "invisible" fences.
F. 
All fences, walls and other like divisional construction shall be maintained in good repair at all times. Fences failing to meet this standard must be repaired or taken down. Fences constituting a nuisance may be repaired or taken down by the Township after notice to, and at the expense of the owner in accordance with applicable law. This remedy is cumulative and in addition to those provided under this chapter or at law or equity.
G. 
A permitted retaining wall shall be at least four feet high, but not greater than 10 feet in one continuous face or 16 feet where interrupted with a terrace. Any other wall of lesser height or supporting only itself shall be considered a decorative wall.
H. 
Wall height shall be measured from the finished grade at the front face of the wall to the top of the wall. In the case of terraces, the total height of the wall shall be the accumulative sum of the walls unless the upper walls are not structurally dependent or founded on the lower wall or walls.
I. 
Walls and retaining walls four feet in height or less shall be set back consistent with setbacks established for fences. Walls and retaining walls in excess of four feet in height shall be set back consistent with setbacks established for principal structures.
No drilling of oil and gas wells or surface mining of coal or other minerals shall be permitted in any residential or conservation district. No digging, mining, excavating or removal of any material of the earth's crust, such as coal, sand, gravel, soil, rock or minerals whatsoever, may be carried on in such a way as to cause or threaten to cause movement or subsidence of the surface of the land so that such subsidence might break, rupture or put under strain any gas, water or sewer lines whatever, including those owned by the public and those privately owned, such as, but not limited to, those in any building, dwelling, factory, commercial structure or any structure whatever in which more than two persons might congregate, or to cause movement or subsidence of the surface of any public or private roads, ways, walks, paths or driveways or to cause or threaten to cause movement of any electrical or other public utility.
A. 
Mine buildings, facilities and equipment such as, but not limited to, ventilation facilities (as fans, shafts, etc.), bathhouses, mine electrical facilities (as conversion equipment), hoisting facilities, mine offices, rock-dust handling facilities, mine-supply storage or facilities, power shovels, dozers, drag lines and haulage facilities, as conveyors, trucks, shuttle cars, tractors and trailers, tracks, switches, mine cars, locomotives and all other appurtenances directly or indirectly associated with or pertaining to a mining operation, either strip, open pit or deep mining, shall not be used, operated, stored or repaired in R-1, R-2, R-3, R-4, CD or C Districts.
B. 
Gas resource development.
(1) 
Gas resources development shall constitute a land development subject to Chapter 395, Subdivision and Land Development. In addition, all provisions of any applicable Township ordinances shall apply to gas resources development in the Township, except as preempted by state or federal law.
(2) 
The applicant shall submit an application to the Township and provide a description of plans for the transportation of materials and equipment to construct, operate and maintain the gas resources development facility. Such description shall include a map showing the planned vehicular access route to the gas resources development site indicating all state, county and local roads and transportation infrastructure that may be used. The proposed routes must be designed to minimize the impact on streets within the Township. The Township reserves the right to designate reasonable required truck hauling routes consistent with Township ordinances, rules and regulations, as well as the Pennsylvania Motor Vehicle Code[1] and Pennsylvania Department of Transportation. Upon approval of said application, applicable permits shall be issued by the Township and applicable fees paid to Township. Such fees to be established by Council from time to time.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
(3) 
Prior to the commencement of any activity on the gas resources development site, the applicant shall enter into a Township roadway maintenance and repair agreement. Such agreement will be in a form acceptable to the Township and will require the posting of a bond at the paved highway rate in favor of the Township prior to beginning any work at a gas resources development site. The bond is to guarantee restoration of Township roads damaged as a result of hauling and any other activity associated with the gas resources development.
(4) 
The applicant shall reimburse the Township for an inventory analysis and evaluation of existing road conditions on Township roads along the proposed transportation route identified by the Township, including photography, video and core boring as determined to be necessary by the Township Engineer. The Township roadway maintenance and repair agreement will identify the responsibilities of the applicant to prepare, maintain and repair Township roads before, during and immediately after drilling and other operations associated with the gas resources development. The applicant shall take all necessary corrective action and measures as directed by the Township pursuant to the agreement to ensure the roadways are repaired and maintained during and immediately after drilling and other operations associated with the gas resources development.
(5) 
The applicant shall take the necessary safeguards to ensure that the Township roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur.
(6) 
Access road or driveway.
(a) 
Beginning with its intersection with a public street, any access road or driveway for the development or drill site shall be paved with an impervious material for the first 50 feet and consist of the following material:
[1] 
Compacted subgrade.
[2] 
PennDOT Class 4 geotextile fabric.
[3] 
Eight inches AASHTO #2 crushed aggregate base course.
[4] 
Two inches PennDOT 2A aggregate (choke material).
[5] 
Four inches compacted Superpave 25 mm binder course.
(b) 
The remainder of the driveway to the well pad shall be constructed with the following material:
[1] 
Compacted subgrade.
[2] 
Eight inches AASHTO #2 crushed aggregate base course.
[3] 
Two inches PennDOT 2A aggregate (choke material).
(7) 
An off-street area within the development site for vehicles to stand while gaining access to the gas well site shall be provided so that the normal flow of traffic on the public street is undisturbed.
(8) 
The applicant shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways. During periods of anticipated heavy or frequent truck traffic associated with the development, the applicant will provide flagmen to ensure the safety of motorists and pedestrians and take measures that may include adequate signs and/or other warning measures for truck and vehicular traffic.
(9) 
Noise.
(a) 
No use in any district which by the nature of its use, operation or activity produces noise of objectionable character or volume as noted will be permitted in accordance with § 455-19.12 as follows:
[1] 
Adjacent to residential uses. In excess of 60 dBa for two hour duration.
[2] 
Adjacent to commercial uses. In excess of 65 dBa for more than eight hours during a twenty-four hour-period.
[3] 
Adjacent to industrial uses. In excess of 75 dBa for eight hours during a twenty-four-hour period.
(b) 
All noise measurements shall apply and be measured at the property line of the subject property.
(10) 
The applicant shall have obtained permits from the appropriate regulatory agencies or authorities issued in accordance with all applicable laws and regulations for the proposed use. The applicant shall provide the Township with copies of each such permit application and permit, with copies of all supporting documentation. All permits must be maintained during the use of the gas resources development. Any suspension or revocation of a required permit shall void any conditional use approval and require a new application.
(11) 
Prior to development, the applicant shall provide to the Township a PA DEP approved Preparedness, Prevention and Contingency CTPC Plan that clearly outlines and describes all emergency planning associated with the gas resources development.
(12) 
Upon request of the Township Emergency Management Coordinator, the applicant will, prior to drilling its first gas well in the Township, make available with at least 30 days' notice (at the applicant's sole cost and expense), one appropriate group training program for emergency responders. Such training shall be made available at least annually during any year that drilling activities take place at the gas resources development site.
(13) 
Any equipment or material stored outside or in an enclosed structure being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility from any adjacent property or public road. All drill site pads and impoundment ponds shall be secured with a temporary fence with secured gates as follows:
(a) 
The fence shall be a minimum of six feet in height, and shall be chain link with green/black/brown fabric mesh.
(b) 
The fencing shall be in place throughout the drilling operation and until the impoundment pond is removed.
(c) 
The chain-link fence shall have a minimum thickness of 11 gauge.
(14) 
The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection (DEP) to ensure proper plugging when the well is classified as inactive by the DEP.
(15) 
All drilling operations shall be conducted in such a manner as to minimize dust, vibration or noxious odors and shall be consistent with the best accepted practices incident to drilling for oil or gas in urban/suburban areas, and shall also be in compliance with the Zoning Ordinance. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site. Structures on the drilling site shall not be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling shall be adopted as they become available if capable of reducing factors of dust, vibration and odor. Watering, wetting or other methods or materials must be used to control dust adjacent to occupied properties.
(16) 
No operation of heavy equipment, trucks, or drilling or pumping apparatus shall be conducted between the hours of 7:00 p.m. and 7:00 a.m. daily, or on Sundays or holidays, except by special permission issued by the Township Manager in accordance with Article III of Chapter 295, Nuisances.
(17) 
Temporary structures on the gas resource development site shall be limited to construction trailers, field office and any structure directly ancillary to the drilling operation. Temporary housing, dormitories and sleeping facilities shall be strictly prohibited. A temporary use permit shall be acquired from the Township prior to placement of any temporary structure in accordance with § 145-14.5G and valid for a period not to exceed 12 months.
(18) 
Conventional gas wells may not be drilled within 200 feet, or, in the case of an unconventional gas well, 500 feet, measured horizontally from the vertical well bore to a building or water well, without written consent of the owner of the building or water well.
(19) 
Notwithstanding any lesser setback requirement contained elsewhere in this Zoning Ordinance, gas well pads, compressor stations, gas, impoundments and gas processing facilities shall be set back at least 100 feet from any existing nonresidential property line and 300 feet from any existing residential property line. In addition, such facilities may not be constructed on steep slopes of 25% or more.
(20) 
Notwithstanding any lesser minimum lot size requirement contained elsewhere in this Zoning Ordinance, the minimum lot size for a gas well pad, compressor station, impoundment or gas processing facility shall be 10 acres. Contiguous lot owners may not combine the acreage of their lands to satisfy this requirement. This restriction applies even if two contiguous lots are owned by the same person, unless such person obtains proper lot consolidation approval for the contiguous lots from the Township.
A. 
Said facility shall be provided with a minimum asphalt surface to provide ingress and egress.
B. 
A landscaping screen shall be provided around the perimeter of said use in conformance with § 455-15.2.
C. 
The following activities are prohibited in conjunction with this use:
(1) 
Garage sales.
(2) 
Motor vehicle or small engine repair or service.
(3) 
Operation of welding or woodworking equipment.
(4) 
Transfer and storage businesses.
D. 
Construction materials shall be compatible with those in use within the surrounding area.
A. 
The retail establishment is accessory to and incidental to the principal warehouse use;
B. 
The maximum area within the warehouse that can be used for retail sales shall not exceed 5% of the gross floor area or 1,000 square feet, whichever is less;
C. 
The hours of operation are coincident with warehouse operations;
D. 
The items on sale in the retail establishment are actually part of the stock of the warehouse; and
E. 
Required parking shall be provided for both the accessory retail use and the principal warehouse use at the prescribed ratio.
Light manufacturing uses located within a Suburban Manufacturing District which have abutting river frontage may use said river frontage in connection with the light manufacturing use. Only as much of the river frontage as shall be necessary and essential for the light manufacturing operation shall be considered as an appropriate use. Said uses shall include but not be limited to wharves, docks, loading and unloading facilities and water intake and outlet pipes and facilities. The balance of river frontage not necessary and essential to the light manufacturing use shall remain subject to the uses permitted or conditional in the CD-2 Conservation District. Within any FEMA delineated floodway, the Council, in its sole discretion, may deny an application to erect any building or structure.
A. 
All commercial and industrial building construction, excluding interior renovations not affecting the overall coverage or layout of the building, must be reviewed by the Planning Commission and approved by Council before issuance of a zoning/building permit. All applications for approval of development in the C Commercial or SM Suburban Manufacturing District shall include the following information:
(1) 
Recorded plat.
(2) 
Location map.
(3) 
Site analysis study.
(4) 
Site map or plan.
(5) 
Proposed commercial or industrial building plan.
(6) 
Engineering report.
(7) 
Stormwater management plan.
(8) 
Parking plan and lot layout.
(9) 
Grading plan.
(10) 
Presentation letter (request for review).
(11) 
Buffer area plan, if needed.
(12) 
Building elevation plan.
B. 
Permit applications for commercial and industrial development which increases the average trip rate for the a.m. or p.m. peak hour of the generator by 50 or more trips, except as otherwise provided for, shall also include a Traffic Study. Said Traffic Study shall comply with the provisions of § 455-19.2 and be prepared in conformance with the O'Hara Township guidelines for traffic studies. The plan shall be prepared by a registered engineer, architect or landscape architect. The application shall be submitted to the Township Engineer with not less than 10 copies and shall be accompanied by a fee as established by Council. A drawing of all structures prepared by a registered architect or registered engineer must be presented for review and meet the following requirements:
(1) 
All structures shall be designed and detailed so as to suit the site, the surrounding area and the purposes for which the structures are designed to serve.
(2) 
The Township Fire Code Official shall approve all hydrant locations, Fire Department connections and fire lanes.
(3) 
The plans must meet the provisions of the State Department of Labor and Industry and, if abutting a state highway, a Pennsylvania Department of Transportation highway occupancy permit for access must be obtained.
(4) 
Exterior site improvements, including but not limited to expansions of parking areas, additional lighting and landscaping, shall be reviewed by the Planning Commission.
(5) 
No commercial structure, used as the main address or place of business, shall be smaller than 600 square feet. The aggregate lot coverage by all structures on a commercially zoned lot shall not exceed 40% of total lot area (see § 455-9.5).
(6) 
Plan review by a Pennsylvania State Certified Plan Reviewer shall be completed prior to permit issuance.
(7) 
Any application for a zoning/building permit to erect a commercial or industrial building shall also be accompanied by a plan showing the proposed landscaping, if any, of the premises, in addition to the other items required to be submitted with the application for a zoning/building permit.
(8) 
The plan shall show existing trees of at least a six-inch diameter at a point four feet from the ground and proposed improvements and landscaping which are to be added on the property. As a minimum requirement, a ground cover of grass, plants or artificial materials on the portion of the premises not occupied by any building shall be shown. Landscaping along or near driveways or parking areas, or any portion of the premises left in its natural wooded state and not disturbed during construction shall be identified, and shall be kept free of junk, debris, dangerous, objectionable or noxious matter.
A. 
A legally nonconforming use may be changed to a use which is less nonconforming by virtue of its decreased size, intensity of use, shortened hours of operation or a diminution of the nonconforming characteristics of the use, upon review and approval by the Zoning Hearing Board. A completed zoning/building application form shall be submitted prior to such change of use following approval.
B. 
Where a change of use is proposed which would result in increased traffic as determined by the Township Engineer, due to the nature of the proposed use, a traffic impact analysis shall accompany the zoning/building permit application form. Said traffic impact analysis shall provide information regarding the impact on intersections in close proximity to the subject parcel where transportation improvements may be warranted due to increased traffic volumes being generated by the proposed use.
C. 
The Planning Commission shall review and make recommendation to Council for changes of use which, while permitted in the district where proposed, because of the characteristics of the use, exhibit the potential for adverse impact on the surrounding properties. Adverse characteristics may include but are not limited to increased traffic, expanded hours of operation, expansion of parking areas, or the installation of exterior site improvements including exterior lighting.
A. 
No permanent accessory building or structure shall be constructed on any lot prior to the time of construction of the principal structure to which it is accessory.
B. 
No detached accessory structure or structures shall occupy more than 25% of the area of a required rear yard.
C. 
No detached accessory structure shall exceed 15 feet in height above the average level of the ground upon which it stands.
D. 
No accessory structure in a residential district shall be located in any front yard.
E. 
On corner lots, in addition to the above requirements, no accessory structure in a side yard shall be nearer a street than the least depth of any front yard required along such street.
F. 
A structure attached to the principal structure by a covered passageway, or by having a wall or a part of a wall in common with it, shall be considered an integral part of the principal structure and not an accessory structure.
G. 
No accessory structure in the rear of a principal structure and on the same non-through lot shall be used in whole or in part as a dwelling.
A. 
The minimum requirements for permanent landscaping, either grass or ground cover, shall be completed and growing within one year after completion of the building. All plants must come with a one-year warranty. Any dead or dying plants identified within the one-year period must be replaced.
B. 
The owner or lessee of property, whether occupied or vacant, in any recorded plan of lots or highly developed neighborhood shall maintain such premises so that weeds shall be cut or removed and grass cut prior to their growing to such a height as they will go to seed.
A. 
Width of buffer (C District). Where land in the C Commercial Zoning District abuts residentially zoned properties, a permanent buffer of 25 feet minimum width shall be provided which separates the uses in the C Commercial Zoning District for the abutting residentially zoned properties. The abutting residentially zoned property shall observe a five-foot buffer where the property is contiguous with the site of a land development. No structures, paving or lighting standards shall be permitted within the designated buffer areas. Maintenance of all buffer areas shall be the responsibility of the property owner, and existing vegetation may be used to provide the screening characteristics of said buffer area.
B. 
Width of buffer (SM District). Where land in the Suburban Manufacturing Zoning District abuts residentially zoned properties, a permanent buffer of 55 feet minimum width shall be provided which separates the uses in the Suburban Manufacturing District from the abutting residentially zoned property. The abutting residentially zoned property shall observe a ten-foot buffer in the R-2 Zone, five feet in the R-3 Zone, and 20 feet in the R-4 Zone where the property is contiguous with the site of a planned suburban manufacturing land development. No structures, paving or lighting standards shall be permitted within the designated buffer areas. The buffer area must be planted with, but not limited to, a mixture of hardwoods, softwoods, low-level screening, high-level screening, landscape and landscape mounds. The buffer must provide for both short-term and long-term screening. The buffer design must be submitted to and approved by the Township. Maintenance of all buffer areas shall be the responsibility of the property owner, and existing vegetation may be used to provide the screening characteristics of said buffer area.
C. 
Surface drainage on land developments in the Suburban Manufacturing Zoning District shall be directed by grass swales or pipe to natural drainage channels or detention areas for controlled discharge. Structures and parking areas on land developments in the Suburban Manufacturing Zoning District shall be adequately screened from residentially zoned properties. Construction of land forms for screening shall be permitted within buffer areas. Where utility easements are within buffer areas, no planting or regrading shall be permitted without approval of the utility company with facilities thereon or therein.
D. 
Landscaping plan. To assist the Township Planning Commission in determining the need, extent and adequacy of screening, all proposed land developments in the Suburban Manufacturing Zoning District abutting residentially zoned property must present a landscaping plan which identifies the location of structures, parking areas, grades, tree plantings, ground cover, grading, landscaping, mounding and all methods of providing an adequate visual screen.
(1) 
Residential property owners with property located within 300 linear feet of the property line of the subject parcel shall be notified by the Township in writing via regular mail, as to the time and date of the Planning Commission meeting at which a proposal affecting them is to be reviewed. The applicant shall pay for all costs associated with said notice.
(2) 
The landscape architect or consultant representing the owner of the land proposed for development in the Suburban Manufacturing Zoning and C Commercial Districts shall present typical cross sections a minimum of 100 feet into the abutting property, and of sufficient distance into the Suburban Manufacturing Zoning District to reflect improvements being proposed. Sections shall be at true scale, without vertical exaggeration, and depict:
(a) 
Existing profile of site.
(b) 
Profile as changed for improvements.
(c) 
Location, ground elevation and height of proposed structure(s).
(d) 
Proposed method of achieving effective screen within buffer area depending on topography.
(e) 
Planting plan and list of selected plant materials.
(f) 
Sections are to show relationship of existing residential structures with proposed improvements.
(3) 
Height of structures.
(a) 
Where existing residential structures exceed the height of the proposed structures and improvements on a land development in the Suburban Manufacturing or C Commercial Districts, evergreens, with a minimum height of six feet to eight feet and deciduous trees with two-and-one-half-inch minimum caliper shall be used in a 50% to 50% mix along the perimeter of the buffer. It is not necessary that the screen be solid, but that it breaks up the visible mass of structures, parking areas or miscellaneous improvements.
(b) 
Where existing residential structures are lower than or level with the proposed structures and improvements on a land development plan in the Suburban Manufacturing Zoning or the C Commercial Districts, the nonresidential sites shall provide an elevated screen which shall be accomplished with a mix of plant materials selected from the recommended list included herein. The extent of mounding shall be determined by comparing the existing profile of the terrain with the proposed finished grade at the property line, parking areas and the closest point of the principal structure.
(c) 
Mounds are to be natural in character with no rigid contours and shall blend as much as possible with existing topography. The following shall apply:
[1] 
Rough form basic mounds from soils on site.
[2] 
Cover mound with minimum of six inches of approved topsoil over "rough form."
[3] 
Mounds to be shaped to meet profile of mounding detail to permit mowing.
(4) 
Grading and seeding.
(a) 
If buffer areas are disturbed for any reason, they shall be improved by regrading, placing topsoil, and seeding.
(b) 
Grass seed shall be fresh, clean and new crop seed recommended for the area to be seeded. Seed shall be mixed by dealer in following proportions:
[1] 
Kentucky 31 tall fescue, 40% to 50%.
[2] 
Kentucky bluegrass, 20% to 30%.
[3] 
Red fescue (Pa.), 20% to 30%.
(c) 
Seeds shall be applied uniformly at the rate of five pounds per 1,000 square feet. Alternate mixes and rate of application of grass seed of equal or better quality may be approved.
(d) 
After all areas have been seeded, seed shall be worked into a depth of approximately 1/8 inch. The seeded area shall be mulched with weed-free hay or straw, spread to a minimum depth of two inches and anchored to prevent wind displacement.
(5) 
Planting within utility easements:
(a) 
In buffer areas where utility easements are also located, the mounding and planting shall be reviewed by the utility companies with facilities on site and placed so as to permit adequate access for service vehicles.
(b) 
Within utility easements in buffer areas, trees shall be placed so that the trunk is no closer than 15 feet from a line on the ground directly beneath an overhead wire or conduit.
(6) 
Selection of plant materials. Native Pennsylvania, noninvasive plants are recommended. The following list is limited to native Pennsylvania deciduous and evergreen trees only. All plant materials shall be mature nursery stock. Minimum size of evergreens: six to eight feet in height. Deciduous trees: not less than one-and-one-half- to two-inch caliper.
(a) 
Recommended native Pennsylvania deciduous trees.
Botanical Name
Common Name
Ultimate Height
(feet)
Fagus grandifolia
American beech
60
Castanea dentata
American chestnut
100
Ulmus americana
American elm
100
Laris laricina
American larch
60
Tilia americana
Basswood/American linden
100
Populus tremuloides
Quaking aspen
60
Populus grandidentata
Bigtooth aspen
70
Carya cordiformis
Bitternut hickory
75
Nyssa sylvatica
Black gum
80
Quercus velutina
Black oak
100
Juglans nigra
Black walnut
130
Salix nigra
Black willow
60
Juglans cinerea
Butternut
60
Quercus montana
Chestnut oak
80
Celtis occidentalis
Common hackberry
35
Magnolia acuminata
Cucumber tree
90
Gleditsia triacanthos
Honey locust
100
Ostrya virginiana
Hophornbeam
60
Carya tomentosa
Mockernut hickory
75
Quercus rubra
Northern red oak
100
Betula papyrifera
Paper birch
75
Carya glabra
Pignut hickory
90
Quercus palustris
Pin oak
75
Acer rebrum
Red maple
60
Morus rubra
Red mulberry
50
Sassafras albidum
Sassafras
60
Quercus coccinea
Scarlet oak
80
Carya ovata
Shagbark hickory
80
Carya laciniosa
Shellbark hickory
120
Acer saccharinum
Silver maple
100
Ulmus rubra
Slippery elm
75
Acer saccharum
Sugar maple
90
Betula lenta
Sweet birch
60
Platanus occidentalis
Sycamore
125
Liriodendron tulipifera
Tulip tree
140
Fraxinus americana
White ash
80
Quercus alba
White oak
100
Betula alleghaniensis
Yellow birch
75
(b) 
Recommended native Pennsylvania Evergreen Trees.
Botanical Name
Common Name
Ultimate Height
(feet)
Tsuga canadensis
Eastern hemlock
140
Juniperus virginiana
Eastern red cedar
40
Pinus rigida
Pitch pine
60
Pinus resinosa
Red pine
110
Pinus pungens
Table mountain pine
40
Pinus virginiana
Virginia pine
50
Pinus strobus
White pine
90
(c) 
Native Pennsylvania deciduous trees for under overhead power transmission lines.
Botanical Name
Common Name
Ultimate Height
(feet)
Carpinus caroliniana
American hornbeam
30
Cornus florida
Flowering dogwood
30
Crataegus
Hawthorn
30
Acer spicatum
Mountain maple
30
Cercis canadensis
Redbud
20
Acer pensylvanicum
Striped maple
25
Hamamelis
Witch hazel
25
(7) 
Other nonnative acceptable plant materials.
(a) 
Deciduous trees.
Botanical Name
Common Name
Ultimate Height
(feet)
Fagus sylvatica
European beech
75
Quercus borealis
Red oak
75
Tilia cordata
Littleleaf linden
75
(b) 
Evergreen trees.
Botanical Name
Common Name
Ultimate Height
(feet)
Abies concolor
White fir
100
Tsuga canadensis
Canada hemlock
90
Picea abies excels
Norway spruce
100
Pinus nigra
Austrian pine
60
Pinus sylvestris
Scotch pine
50
Pseudotsuga menziesii
Douglas fir
150
Picea pungens glauca
Colorado blue spruce
65
(c) 
Deciduous trees for under overhead power transmission lines.
Botanical Name
Common Name
Ultimate Height
(feet)
Acer negundo
Boxelder
30
Aesculus glabra
Ohio buckeye
25
Amelanchier canadensis
Serviceberry
30
Carpinus betulus
European hornbeam
25
Cornus mas
Cornelian cherry
25
Crataegus crusgalli
Cockspur thorn
25
Cragaegus oxyacantha pauli
Paul's scarlet hawthorn
20
Ilex opaca
American holly
25
Malus
Any flowering crabs
Malus sargenti
Sargent crab
20
Malus scheideckeri
Scheidecker crab
20
Magnolia stellata
Star magnolia
20
Prunis
Cherry
20
(d) 
Evergreen trees for under overhead power transmission lines.
Botanical Name
Common Name
Ultimate Height
(feet)
Ilex pendunculosa
Longstock holly
25
Juniperus chinensis keteleeri
Keteleeri juniper
15
Pinus montana
Mountain pine
35
Taxus baccata fastigiata
Irish yew
35
Thuja occidentalis pyramidalis
Pyramidal arborvitae
25
Tsuga canadensis
Canada hemlock
Prune
E. 
Buffer yards. Buffer yards, as required, shall be provided by the developer or applicant/owner of the subject parcel during the initial phase of construction where a project is developed in phases, and maintained throughout the development period until occupancy occurs.
(1) 
The buffer yard shall be measured from the zoning district boundary line or from the near street line where a street serves as the district boundary line.
(2) 
The buffer yard may be coterminous with required front, side or rear yards, and in case of conflict, the larger yard requirements shall apply.
(3) 
In all buffer yards, a fifteen-foot width shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Buffer yard widths may be averaged with the narrowest portion of the yard being 70% of the minimum established width or 10.5 feet where physical constraints prevent the provision of the standard width.
(4) 
No structure, manufacturing activity or storage of materials shall be permitted in the buffer yard.
(5) 
All buffer yards, except PRDs and except as provided for in this section hereunder, shall include a dense screen planting of trees, shrubs or other plant materials, or both, to the full length of the lot line to serve as a barrier to visibility, airborne particles and glare. Such screen planting shall be in accordance with the following requirements:
(a) 
Plant materials used in the screen planting shall be a minimum of 50% evergreen and of such other species and initial heights as will produce a dense visual screen at least eight feet high within five years.
(b) 
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(6) 
In PRDs, the following minimum standards shall apply to buffer yards (see also § 455-11.5L):
(a) 
Existing deciduous and coniferous trees above two-inch caliper and/or six feet in height shall be preserved in the buffer yard except where clearance is required to ensure adequate sight distances. Any removal should, where feasible, involve relocation rather than clearing.
(b) 
Buffer width and planting material shall be laid out to respect existing or proposed off-site uses. The minimum width may be used where compatible single-family uses adjoin or where the property abuts nonbuildable land. The object of the planting shall be defined in the plan as visual screening or to prevent access to hazardous areas.
(c) 
Generally, a minimum of 25% of plant material shall be evergreen, 10% deciduous. Planting shall be adequate in quantity to fully cover the twenty-five-foot minimum foot buffer but may be clumped or grouped for maximum efficiency.
[1] 
Where glare from exterior lighting is a problem, 50% of the planting shall be evergreen.
[2] 
Where potential conflicts between vehicular and pedestrian traffic occur, hedge row planting should be designated to discourage multiple access points.
[3] 
Where visual screening is most important in intensely developed areas, evergreens and flowering trees should be increased to 50% of the total.
(d) 
Self-maintaining ground cover or grass shall be planted to the edge of the buffer.
(e) 
Prior to the issuance of any zoning approval, complete landscaping plans showing the arrangement of all buffer yards, the placement, species and size of all plant materials, as recommended by this section, and the placement, size, materials and types of fencing to be placed in such buffer yards shall be reviewed to ascertain that the plans are in conformance with the terms of this article.
A. 
Intent and purpose.
(1) 
The Township of O'Hara recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the Township believes that the need to protect the integrity of its residential areas is of paramount concern. A "no-impact home-based business permit" is the method used to allow and to regulate nonresidential activity within the Township's residential districts.
(2) 
The objective of a "no-impact home-based business permit" is to allow a limited commercial-type activity in a residential area only to an extent that no neighbors or passersby will be aware, by outward appearance, of the activity. A no-impact home-based business permit gives the permittee the legal right to use their residence for a business telephone and business mailing address but not to the extent that pedestrian and vehicular traffic are generated.
(3) 
Permitted no-impact home-based businesses shall include but not be limited to the professions of engineer, computer programmer, architect, artist, clergyman, musician, writer and teacher, where no more than two persons receive instruction at any one time, data processing, draftsman, sales representatives and general clerical services. Because of the nature of medical services, home-based business status is not appropriate.
(4) 
Prohibited no-impact home-based businesses shall include, but not be limited to, automobile repairs and inspections, bakeries, day-care centers, landscaping operations and kennels or other animal breeding.
B. 
Performance criteria.
(1) 
Excessive noise, odors, vibration, glare, fumes, electronic or electrical interference are not permitted. "Excessive" shall include the use of equipment or processes which are detectable within the neighborhood.
(2) 
Applications for a no-impact home based business permit shall be evaluated and investigations conducted using the following criteria, which shall be incorporated as minimum conditions of approval:
(a) 
The activity is one that is not inconsistent with the use of the premises as a dwelling, and no more than 25% of the habitable floor area of the dwelling may be used for the conduct of the no-impact home-based business.
(b) 
There shall be no exterior evidence of the conduct of a no-impact home-based business, including parking areas, signage or exterior lighting.
(c) 
No-impact home-based businesses shall not be permitted out-of-doors.
(d) 
Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise not normally associated with residential uses shall be prohibited.
(e) 
Only the actual residents of the dwelling unit shall engage in the no-impact home-based business.
(f) 
No on-site sales of goods or services shall engage in the no-impact home-based business.
(g) 
The conduct of any no-impact home-based business shall not reduce or render unusable areas provided for the required off-street parking or prevent the number of cars intended to be parked in a garage from doing so.
(h) 
A no-impact home-based business shall not create significant additional vehicular or pedestrian traffic to the residence.
(i) 
Outside storage or display of materials, goods, supplies, or equipment related to the operation of a no-impact home-based business is prohibited, except that samples of goods sold or job-related materials may be carried in vehicles used for business purposes.
(j) 
The storage of any material classified as hazardous or dangerous shall be prohibited.
(k) 
No advertising is permitted on site, including business signs on vehicles.
(l) 
On-site sales or training promotion shall not be permitted.
(m) 
No home-based business shall generate or discharge waste materials classified as noxious or hazardous by the PA Department of Environmental Protection.
(3) 
Persons with demonstrated physical handicaps may be permitted special consideration by the Zoning Hearing Board. The applicant may request waiver of a portion or all of one or more of the foregoing requirements by submitting an application for special exception approval to the Zoning Hearing Board. This special request shall be considered by the Zoning Hearing Board, at a public hearing, after notice to property owners within 300 feet of the subject property. The Zoning Hearing Board may only grant waivers on the basis of applicant's physical inability to function within said requirements.
C. 
Procedure.
(1) 
Application. Application for a no-impact home-based business permit shall be made to the Zoning Officer on a form provided by the Township and shall be accompanied by the prevailing filing fee as established by resolution by Township Council. The Zoning Officer will make a decision and notify the applicant in writing within 15 calendar days of the date the application is received.
(2) 
Scope. In cases where the Zoning Officer considers the application not within the scope of the no-impact home-based business criteria, the application will be denied.
(3) 
Time limit. All no-impact home-based business permits shall be valid for a period of one year from initial date of approval.
(4) 
Voiding of permit. The Zoning Officer may void any no-impact home-based business permit for noncompliance with the criteria set forth in this chapter. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void, and said use shall be terminated.
(5) 
Appeal to Zoning Hearing Board. The decision of the Zoning Officer concerning approval, denial or revocation of a no-impact home-based business permit shall be final unless a written appeal is filed with the Zoning Hearing Board within 30 calendar days of the decision. An appeal may only be filed by the applicant or persons residing within 300 feet of the subject property.
(6) 
Inspection. No-impact home-based business applicants shall permit a reasonable inspection of the premises by the Zoning Officer to determine compliance with this chapter.
(7) 
Renewal. No-impact home based business permits may be renewed annually, provided there has not been any violation of the provisions of this chapter. Requests for renewals shall be submitted to the Zoning Officer in writing, accompanied by the prevailing renewal fee, as established by Township Council resolution, one month prior to expiration of the permit.
D. 
Enforcement procedures.
(1) 
Any aggrieved person believing that a violation or violations of this chapter is occurring and who desires that action be taken by the Township shall notify the Zoning Officer in writing of such alleged violation(s). Within 30 calendar days after receipt by the Zoning Officer of such written allegation(s), the Zoning Officer shall complete an investigation of the alleged allegation(s) to determine the merits thereof. Within 10 calendar days after the Zoning Officer has completed the investigation, they shall notify in writing the following persons:
(a) 
If the Zoning Officer determines that no violation as alleged or otherwise is occurring, then notification of that decision shall be given to the complaining person or a spokesperson for complaining person by certified mail, return receipt requested.
(b) 
If the Zoning Officer determines that a violation is occurring or has occurred as alleged, then notification of that decision and a time for compliance shall be sent by certified mail return receipt requested to both the violator and complaining person or a spokesperson for complaining person. The notification shall also state what action, if any, will be taken if compliance is not timely effected.
(2) 
Any person feeling aggrieved by a decision of the Zoning Officer may appeal that decision to the Zoning Hearing Board pursuant to the provisions of § 455-20.11.
A. 
Purpose. These standards are in full effect in order to protect a valuable natural resource from being exploited to the detriment of residents of O'Hara Township. The presence of living trees in O'Hara Township is important and desirable from an economic, ecologic, environmental, and aesthetic standpoint.
B. 
General provisions.
(1) 
Except as otherwise herein provided or provided for in Chapter 395, Subdivision and Land Development, it shall be unlawful for anyone to cut down or destroy any tree in any zoning district in O'Hara Township which is eight inches or more in diameter measured at a point 4 1/2 feet above ground level.
(2) 
It shall be lawful to cut down such trees eight inches or more in diameter if the tree is sick, infected, damaged, dead, is in such position or condition that it constitutes a danger to neighboring property or to the public generally, or is located within the legal right-of-way of a public street.
(3) 
It shall be lawful in any calendar year for the owner of any undeveloped tract of land or developed lot to cut down on said tract of land or lot up to six trees eight inches or more in diameter not of the type referred to in Subsection B(2) for any private or commercial purpose.
(4) 
When a zoning/building permit is issued for a building, structure or use it shall be lawful to cut down any trees which exist in the space to be occupied by such building, structure, or use, any space within 15 feet of any such building or structure, and any space to be occupied by, and all space within 10 feet of all sides of any driveway, parking area, water system, or sewage disposal system.
(5) 
The removal or trimming of trees within delineated utility easements and/or recorded rights-of-way shall be permitted for the purpose of maintaining said easement or right-of-way. Utility companies, authorities, agencies or private contractors responsible for the removal or trimming of trees shall perform such work in conformance with any formal or informal agreement or contract and shall attempt to notify the owners of abutting property as to the scheduling of such work in advance.
(6) 
Timber harvesting shall be permitted in any zoning district, in accordance with the provisions of this section, and all other provisions of this chapter:
(a) 
Timber harvesting shall be done only in accordance with a forest management plan prepared by a forester. A copy of the plan shall be filed with the Township Engineer at least 30 days prior to the next Planning Commission regular meeting, at which time the plan will be reviewed. All forest management plans and the actual timber harvesting operations must comply with the following requirements:
[Amended 4-12-2005 by Ord. No. 1134]
[1] 
Prior to the clearing of any trees, an Environmental Impact Study shall be submitted to the Township.
[2] 
The timber harvesting shall be by the selection method. Clear cutting is prohibited.
[3] 
An erosion and sedimentation control plan during and after the timber harvesting operation shall be submitted at the same time the forest management plan if filed.
[4] 
No timber harvesting will be permitted on slopes of 40% and greater unless a tree is presenting a danger to a structure or roadway.
[5] 
All cutting, removing, skidding and transporting of trees shall be planned and performed in such manner as to minimize the disturbance of or damage to other trees and vegetation and the land itself.
[6] 
Where possible, stream crossings shall be avoided, but where deemed necessary, stream crossings shall be made at a right angle across suitable culverts or bridges. Department of Environmental Protection permits will be required prior to the issuance of any timber harvesting permits.
[7] 
Buffer zones of 50 feet shall be maintained on the property on which the timber harvesting operation is being conducted along all streets and abutting properties.
[8] 
Felling or skidding on or across property of others is prohibited without the express written consent of the owners of such property. Felling or skidding on or across any public street is prohibited without the express written consent of the Township in the case of Township streets, Allegheny County in the case of county roads, or the Pennsylvania Department of Transportation in the case of state highways.
[9] 
The stumps of all felled trees shall be permitted to remain in the soil for stabilization purposes. If limbs are to remain on site, they must be cut and spread out and not left in a pile.
[10] 
During periods of fire danger or drought, as determined by the Emergency Management Coordinator of O'Hara Township, the Township shall have the right to order a suspension of timber harvesting operations until the danger subsides.
[11] 
Littering is prohibited during and upon completion of a timber harvesting operation. All cans, bottles, paper, garbage and other litter of any type shall be removed from the property.
[12] 
No toxic materials shall be stored within 100 feet of a buffer zone including petroleum-based and/or -derived products.
[13] 
No more than 50% of the existing trees on any given site shall be removed during any timber harvesting operation.
[14] 
All tree removal activities shall also comply with the environmental performance standards outlined in Article XVIII.
[15] 
In addition, standards for grading and sedimentation and erosion control from Chapter 395, Subdivision and Land Development, shall also apply.
(b) 
Before the timber harvesting operation begins, all trees which are to be felled in connection therewith shall be clearly marked on the trunk and the stump so that the same may be easily identified both before and after a tree has been felled. No tree shall be felled which has not been designated for removal on the forest management plan as finally approved by the Township Council.
(c) 
The holder of a permit to conduct a timber harvesting operation shall notify the Township at least 48 hours before the cutting of trees for removal from the site is to begin.
(d) 
The holder of a permit to conduct a timber harvesting operation shall notify the Township at least one week in advance of the expected completion date of the timber harvesting operation, and shall notify the Township immediately upon said operation's completion.
(e) 
After a permit for a timber harvesting operation has been issued, the Township shall have the right, by its own personnel or by outside persons hired for the purpose, to go upon the site before, during and after the timber harvesting operation to insure and require compliance with the plans for said operation as finally approved and all of the terms and provisions of this chapter.
The following requirements must be met for the granting of a conditional use:
A. 
The conditional use must be found to be beneficial to the public at the proposed location.
B. 
The conditional use is more suitable at the proposed location than on other properties in the same zone because of the size, shape, topography, surroundings and physical condition of the proposed location.
C. 
The conditional 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 Article XVIII.
D. 
The conditional use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
E. 
The conditional use shall be referred to and a report received from the Planning Commission. The report shall include a statement that the proposed use is not in conflict with the Comprehensive Development Plan of the Township, together with any recommendations.
F. 
The conditional use must be approved or denied, in writing, by the Township Council following a public hearing with appropriate public notice, within 45 days of the date of the last hearing. Said hearings for a conditional use shall be commenced, conducted and completed as provided in Section 908, Subsection 1.2 of the Pennsylvania Municipalities Planning Code, as amended.[1] In approving a conditional use, Council may attach reasonable safe guards and conditions, in addition to those in the ordinance as Council deems necessary to implement the purposes of the ordinance and the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10908(1.2).
G. 
All appeals of conditional use decisions rendered shall be taken to the Court of Common Pleas of the Judicial District wherein the land is located and shall be filed within 30 days after entry of the decision in accordance with the Pennsylvania Municipalities Planning Code.
H. 
The conditional use must also meet any supplemental regulations or conditions, where they are set forth, for a particular conditional use.
I. 
Traffic. In a residential district, for approval of a conditional use, the use must abut a regional street or a collector street, except where the applicant agrees to pave and widen existing roads as required by the Planning Commission. In commercial and manufacturing districts, all uses shall abut regional streets or collector streets.
J. 
The conditional use shall provide for adequate vehicular access and parking to minimize traffic congestion in the neighborhood.
K. 
The conditional use shall be substantially completed and occupied within two years of the issuance of conditional use approval or said approval shall lapse.
L. 
All residential properties located within 150 feet of the property lines of the conditional use must be notified by the Township via regular mail of the public hearing related to the conditional use application.
A major outdoor seating permit must be obtained for this category of outside seating along with any other permits that are required for the construction of a patio, deck or other surface for the seating area. The appropriate permit application must be completed and drawing of seating area and placement of tables, chairs, benches, planters, etc. must be included on the drawing and submitted to the Township for review. The seating configuration and layout must strictly comply all with federal, state or local laws, rules and regulations relating to accessibility, including but not limited to the Americans with Disabilities Act and the most current Township adopted Building Code.[1]
A. 
Outdoor dining that is an accessory use and contiguous to a legally established restaurant or other eating or drinking establishment. Outdoor dining will be limited to an area created and designated for outside seating.
B. 
All seating must be placed to ensure accessibility and pedestrian circulation. It is the responsibility of the business owner and/or building owner to ensure that the accessibility and pedestrian circulation area is maintained at all times.
C. 
Outdoor seating may not be placed within two feet of building ingress and egress locations.
D. 
No elements of the outdoor seating area may be placed in the accessibility and pedestrian circulation area, including, but not limited to, benches, planters, barriers, signs, heaters or umbrellas.
E. 
Umbrellas shall be fully functional and visually appealing. Umbrellas should be suitable for outside use. No advertisements may be on the umbrellas.
F. 
No loudspeaker or television may be in an outside seating area.
G. 
Barriers must be used to separate the outdoor seating area from other outdoor areas. The barriers must be three feet in height and made out of sturdy material. The barrier can not infringe on accessibility and pedestrian circulation areas.
H. 
Hours of operation are limited to the establishments hours of operation. The outside seating area may not have different hours of operation than the interior restaurant.
I. 
It is the business owner and/or building owner's responsibility to ensure that patrons in the outside seating area behave in an appropriate manner. Loud, boisterous, profane, lewd, discriminatory, crude, or other similar behavior will not be tolerated in any manner whatsoever.
J. 
The restaurant/building owner are responsible for maintaining a trash- and litter-free environment at all times. In the event litter or trash travels into other locations outside the storefront and/or business limits, it is the responsibility of the business owner and/or building owner to collect and dispose of litter/trash in a timely manner. Dishes, cups, glasses napkins and food scraps must be removed from tables in a timely manner.
K. 
Food and beverages may only be served to individuals seated in the outdoor eating area. It is the responsibility of the business owner and/or building owner to ensure that only food and beverages prepared in the restaurant are served in the outdoor seating area.
L. 
Temporary, mobile or freestanding food service providers or vendors are not eligible for outdoor seating.
M. 
An establishment that serve alcohol must comply with all applicable federal, state and local laws, including but not limited to the Pennsylvania Liquor Control Board. Individuals shall not be visibly intoxicated in the outdoor seating area.
N. 
Outdoor seating requiring a major outdoor seating permit must comply with all parking requirements set forth in Article XV.
[1]
Editor's Note: See Ch. 170, Construction Codes.
A minor outdoor seating permit must be obtained for this category of outside seating. The appropriate permit application must be completed and a drawing of seating area and placement of tables, chairs, benches, planters, etc. must be included on the drawing and submitted to the Township for review. The seating configuration and layout must strictly comply all with federal, state or local laws, rules and regulations relating to accessibility, including, but not limited to the Americans with Disabilities Act and the most current Township adopted Building Code.[1]
A. 
Outdoor dining that is an accessory use and contiguous to a legally established restaurant or other eating or drinking establishment. Outdoor dining will be limited to the sidewalk in front of the business within the confines of the business storefront and/or business limits.
B. 
All seating must be five feet from the edge of the sidewalk to ensure accessibility and pedestrian circulation. It is the responsibility of the business owner and/or building owner to ensure that the five-foot accessibility and pedestrian circulation area is maintained at all times.
C. 
Outdoor seating may not be placed within two feet of building ingress and egress locations.
D. 
No elements of the outdoor seating area may be placed in the five-foot accessibility area, including but not limited to benches, planters, barriers, signs, heaters or umbrellas.
E. 
Umbrellas shall be fully functional and visually appealing; umbrellas should be suitable for outside use. No advertisements may be on the umbrellas.
F. 
No loudspeaker or television may be in an outside seating area.
G. 
If barriers are used to separate the outdoor seating area from the accessibility and pedestrian circulation area, the barrier should be three feet in height and made out of sturdy material. The barrier cannot infringe into the five-foot accessibility and pedestrian circulation area.
H. 
Hours of operation are limited to the establishments hours of operation. The outside seating area may not have different hours of operation than the interior restaurant.
I. 
It is the business owner and/or building owner's responsibility to ensure that patrons in the outside seating area behave in an appropriate manner. Loud, boisterous, profane, lewd, discriminatory, crude, or other similar behavior will not be tolerated in any manner whatsoever.
J. 
The restaurant/building owner are responsible for maintain a trash- and litter-free environment at all times. In the event litter or trash travels into other locations outside the storefront and/or business limits, it is the responsibility of the business owner and/or building owner to collect and dispose of litter/trash in a timely manner. Dishes, cups, glasses napkins and food scraps must be removed from tables in a timely manner.
K. 
Food and beverages may only be served to individuals seated in the outdoor eating area. It is the responsibility of the business owner and/or building owner to ensure that only food and beverages prepared in the restaurant are served in the outdoor seating area.
L. 
Temporary, mobile or freestanding food service providers or vendors are not eligible for outdoor seating.
M. 
Establishments that serve alcohol must comply with all applicable federal, state and local laws, including but not limited to the Pennsylvania Liquor Control Board. Individuals shall not be visibly intoxicated in the outdoor seating area.
N. 
Outdoor seating limited to existing sidewalk and the store front and/or business limits will not require additional parking.
[1]
Editor's Note: See Ch. 170, Construction Codes.
Mobile homes, whether the wheels are attached or not, shall be permitted only in mobile home parks which meet the requirements of this section. Occupied travel trailers, as defined by this chapter, shall meet all of the requirements specified for mobile homes:
A. 
No mobile home park shall have an area of less than 10 acres.
B. 
Each mobile home site within the park shall have an area of 5,000 square feet.
C. 
No mobile home shall be closer than 35 feet to any adjacent property or other mobile home.
D. 
Not less than 10% of the gross area of the park must be improved for recreational activities of the residents of the park.
E. 
The park shall be appropriately landscaped and screened from adjacent properties. No mobile homes or mobile home site shall abut any public street.
F. 
The park shall include paved streets, sanitary sewers, water and all utilities in accordance with Township requirements for subdivision improvements.
Motels, hotels, bed-and-breakfasts and similar businesses shall be permitted as a conditional use in Commercial and SM Suburban Manufacturing Districts, provided:
A. 
No building or part of building shall exceed the permitted building height in the zoning district where the property is located. Motels may or may not include an integral restaurant, providing for dining facilities to patrons seated at tables and adequate to serve at least the overnight guests of the motel.
B. 
No more than 40% of the ground area of the lot on which the motel is erected shall be occupied by buildings, and the lot shall be completely landscaped and planted with ornamental trees and shrubs.
C. 
No building shall be set nearer than 50 feet to the front, side and rear lot lines.
D. 
There shall be not less than 1,500 square feet of lot area for each sleeping unit. The minimum lot area for a motel shall be one acre.
E. 
At least one off-street parking space of not less than 200 square feet shall be provided on the same lot for each sleeping unit. Access driveways shall be not less than 20 feet wide. All driveways and parking areas shall be paved.
F. 
At least 1/2 of the sleeping units shall contain a bedroom and bath having a floor area of not less than 250 square feet, and the remaining 1/2 of the sleeping units with a bedroom and bath of not less than 300 square feet.
G. 
If the lot upon which a motel is erected abuts a residential zone, the motel shall be screened by well-maintained landscaping not less than six feet in height nor more than 10 feet in height or with ornamental fencing within the same height limitations, the ratio of the solid portion to the open portion of which shall not exceed 3:1.
H. 
The review and approval procedures outlined in Chapter 395, Subdivision and Land Development, for land developments shall dictate the provision of required information.
I. 
In addition to the provisions of § 455-15.17, the provisions contained in this article shall also apply to all proposed motels.
Gasoline stations, garages and motorized vehicle dealerships shall be permitted as conditional uses in the C District, provided:
A. 
In the case of a gasoline station, all repairs shall be conducted in an enclosed building and any and all odors must be contained within the building.
B. 
All driveways and parking areas must be paved.
C. 
There is no parking of motor vehicles, trucks, tractors or trailers except for the purpose of being serviced and for minor repairs, limited to a period of eight hours, unless garaged.
D. 
Convenience retail uses, when provided in conjunction with automotive service, shall accommodate, on site, parking in compliance with the ratios for general retail uses.
E. 
Location, entrances, exits and design of buildings and structures are approved by the Planning Commission and entrances and exits are approved by the Pennsylvania Department of Transportation if on a state-owned and -maintained roadway.
F. 
No permit shall be issued for the erection or structural alteration of any such building or for the conversion of any premises for such purposes unless it is within the proper use district and the plans for such building have been approved by the Township Council. The Township Council shall not approve plans for such uses that, in its judgment, will produce excessive noise (see § 455-19.12) or endanger public safety or that are located within 200 feet of any entrance to a public park or playground or the nearest point of any building in which there is established or maintained a school, hospital, church, theater or public library.
G. 
No such building, pumps or equipment shall be located within 15 feet of any street line or within 25 feet of an adjacent property line. The Township Council, in passing upon the request of approval, may consider the type of machinery and equipment to be used and the methods of operation employed and may require changes in relation to yards, location of pumps and buildings and construction of buildings as it may deem best suited to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties.
A. 
Total lot area shall be not less than five acres for churches, nor less than 10 acres for hospitals and schools.
B. 
Not more than 20% of the lot area shall be covered by buildings.
C. 
No building shall be erected nearer than 60 feet from any street right-of-way or 100 feet from any property line.
D. 
No hospital, church or school may be erected on any property which does not abut either an arterial street or a collector street.
E. 
No building shall exceed three stories in height above ground level.
(i.e., DirecTV, DISH Network, etc.)
A. 
Location. All satellite dish antennas must be located in the rear yard. All satellite dish antennas must comply with the setback requirements for structures as set forth in this chapter. Only one satellite dish antenna of three feet in diameter is permitted on a lot.
B. 
Screening. All satellite dish antennas must be screened so that the satellite dish antenna structure is not visible from adjacent public roads and lots.
C. 
Footer design. All satellite dish antennas must be properly anchored. Installation of satellite dishes over three feet in diameter on the roofs of buildings or on foundations or other structures exceeding three feet in height is strictly prohibited.
D. 
Wind resistance. All satellite dish antennas must be designed and installed to withstand a wind force of 100 miles per hour.
E. 
Code compliance. All satellite dish antennas shall meet the requirements of the current Township Building Code.[1] All wiring and cabling shall not be visible to adjacent properties or from the public road. No satellite dishes shall be installed without first obtaining a building permit from the Township.
[1]
Editor's Note: See Ch. 170, Construction Codes.
F. 
A building permit will not be required for the installation of satellite dish antennas 36 inches or less in diameter.
A. 
Expansion and/or establishment of cemeteries must be in conjunction with and adjacent to existing cemeteries or religious facilities.
B. 
Adequately funded programs and provisions which meet the approval of the Solicitor shall be provided to guarantee perpetual care of all cemetery grounds. This provision shall apply to existing cemeteries for which expansions are proposed.
C. 
All garages, equipment shelters, offices and similar structures shall be screened from adjacent and/or residential properties by appropriate planting or fences approved by the Township on the basis of design, aesthetic quality and general adequacy.
D. 
All equipment shall be properly stored when not in use.
A. 
There shall be provided adequate off-street parking for the anticipated maximum attendance at any event.
B. 
Containers and facilities for rubbish collection and removal shall be provided.
C. 
Adequate screening, buffer area, or landscape provisions shall be built, planted, or maintained, to protect adjacent residences from adverse noise, light, dust, smoke, and visual impact.
D. 
The proposed use shall not create a traffic hazard.
A. 
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 10 feet.
B. 
Omnidirectional or whip communications antennas shall not exceed 10 feet in height and seven inches in diameter.
C. 
Directional or panel communications antennas shall not exceed eight feet in height and two feet in width.
D. 
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered structural engineering certifying that the proposed installation will not exceed the structural capacity of the building of other structure, considering wind and other loads associated with the antenna location.
E. 
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment can be accomplished.
F. 
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
G. 
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township.
H. 
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
A. 
Bus shelters shall be permitted in all zoning districts, subject to compliance with the requirements of this section and any other applicable law.
B. 
Before commencing or continuing a bus shelter use, an applicant must apply for and receive a permit from the Zoning Officer. The Zoning Officer is authorized to prepare an application form that must be used by an applicant. The application must demonstrate compliance with the standards set forth in Subsection C.
C. 
Each bus shelter must comply with the following:
(1) 
It must be no larger than the following: eight feet high; six feet deep; and 13 feet wide.
(2) 
Applicant must have permission from the following persons (as applicable) to install and maintain a shelter: property owner, transit authority, and right-of-way owner. Nothing in this chapter shall be deemed to restrict or limit the Township's ability to regulate the use of its right-of-way.
(3) 
All shelters must be maintained in good condition and must be kept clean and free of debris and garbage. Covenants for maintenance and cleaning of the bus shelter, and a definitive plan (including subcontracts where appropriate) for periodic maintenance and cleaning should be part of the application and should be in place at all times.
(4) 
The construction materials for a shelter cannot contain plexiglass and must include safety glass.
(5) 
Ancillary advertising may be included as part of the shelter, provided the total signage does not exceed 24 square feet per face. Each shelter is limited to a single double-faced advertising panel on one side. The panel, if "V" shaped, must not have an angle greater than 30°. Bus shelters located within residential, conservation or overlay zoning districts are not permitted to include ancillary advertising.
(6) 
The bus shelter cannot be closer to the cartway than is permitted by PennDOT, Allegheny County, Township of O'Hara and/or the Port Authority of Allegheny County and must comply with the Americans with Disabilities Act (ADA) requirements.
(7) 
A minimum distance of three feet must be provided between the shelter and any side or front property lines in order to provide adequate room for maintenance without the need to trespass on private property.
(8) 
The bus shelter cannot create any traffic hazard, and cannot interfere with any lines of sight at an intersection.
A. 
Principal use.
(1) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
(2) 
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
(3) 
Noise from any solar energy facility shall not exceed 15 decibels at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 – 1989, titled, "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
(4) 
Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration, documentation of compliance shall be provided to Township.
(5) 
To the extent applicable, all solar energy facilities shall comply with the Pennsylvania Uniform Construction Code[1] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(6) 
All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(7) 
Solar energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8) 
Solar energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than one square foot in size.
(9) 
Transmission and power lines shall be placed underground or out of sight.
(10) 
The following project information shall be submitted to the Township for every proposed solar energy facility:
(a) 
Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar energy system.
(b) 
An affidavit or similar evidence of agreement between the property owner and the solar energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a solar energy facility.
(c) 
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(d) 
A site plan showing the planned location of each proposed solar energy facility, property lines, setback lines, access roads, and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(e) 
A viewshed impact analysis, illustrating views of the proposed facility from multiple angles.
(f) 
A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.
(11) 
Solar energy facilities shall not exceed a maximum height of 15 feet, measured from the ground to the tallest point on the facility.
(12) 
Preliminary and final land development approvals are required for the construction of any solar energy facility when it is the principal use on a site or lot.
(13) 
All solar energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.
(a) 
Required landscape buffering may be modified so that tall tree species may be replaced with lower-growing tree species where the required tree species may interfere with the functioning of the solar energy facility, only where the required landscape buffer is adjacent to property where nonresidential uses are permitted.
(14) 
Secure perimeter fencing shall be installed around the solar energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth-tone colors such as black or brown.
B. 
Accessory use.
(1) 
Township zoning approval is required for the construction of any solar energy facility that is an accessory use on any site or lot.
(a) 
The zoning permit application shall indicate the location of the proposed facility, including the percentage of roof coverage, if the facility is mounted on a building.
(2) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impact will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
(3) 
Noise from any solar energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter, or similar device may be used for measuring and reporting acoustic emissions from the solar energy facility.
(4) 
Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration; documentation of compliance shall be provided to Township.
(5) 
To the extent applicable, all solar energy facilities shall comply with the Pennsylvania Uniform Construction Code[2] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(6) 
All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(7) 
Solar energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8) 
Solar energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
(9) 
Transmission and power lines shall be placed underground or out of sight.
(10) 
Where installed on the roof of a building, no solar panel shall be installed such that more than 75% of the roof area is covered by the panels. Solar panel shall be set back three feet from all edges of the roof.
(11) 
Where solar roofing shingles are installed on the roof of a building, the shingles shall be installed such that 100% of the visible roof from the street shall be covered by the solar roofing shingles, whether active or not. Identical non-solar shingles must be used for the first row of shingles around the edge of the roof. This edge must be at least six inches in depth. The solar shingles on the roof must meet the underwriter's laboratory safe touch definition per branch or bundle, and the Township of O'Hara Building Code.[3]
[3]
Editor's Note: See Ch. 170, Construction Codes.
(12) 
Any solar energy facility installed on a roof of a building shall comply with the height requirements of the zoning district in which the property is located.
(13) 
No solar energy facility or facilities may exceed in total 30% of the total site and in no case shall exceed the maximum lot coverage for the district in which the property is located.
(14) 
Solar energy facilities shall meet the accessory structure setbacks and other regulations that may apply in the zoning district in which the facility is constructed, and where no such setback is specified, the facility shall be no closer than 15 feet from any property line.
(15) 
No solar energy facilities shall be located in the front yard.
(16) 
No facility shall be attached to a tree or any other natural object or structure not intended to support such a facility.
(17) 
No facility shall be installed closer than 10 feet to a swimming pool or other open body of water.
C. 
Conditional use.
(1) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
(2) 
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
(3) 
Noise from any solar energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter or other similar device may be used for measuring and reporting acoustic emissions from a solar energy facility.
(4) 
Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration; documentation of compliance shall be provided to Township.
(5) 
To the extent applicable, all solar energy facilities shall comply with the Pennsylvania Uniform Construction Code[4] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[4]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(6) 
All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(7) 
Solar energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8) 
Solar energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer not greater than six inches by six inches in size.
(9) 
The following project information shall be submitted to the Township for every proposed solar energy facility:
(a) 
Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar energy system.
(b) 
An affidavit or similar evidence of agreement between the property owner and the solar energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a solar energy facility.
(c) 
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(d) 
A site plan showing the planned location of each proposed solar energy facility, property lines, setback lines, access roads, and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(e) 
A viewshed impact analysis, illustrating views of the proposed facility from multiple angles.
(f) 
A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.
(10) 
Solar energy facilities shall not exceed a maximum height of 15 feet, measured from the ground to the tallest point of the facility.
(11) 
Preliminary and final land development approvals are required for the construction of any solar energy facility when it is the principal use on a site or lot.
(12) 
All solar energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.
(a) 
Required landscape buffering may be modified so that tall tree species may be replaced with lower-growing tree species where the required tree species may interfere with the functioning of the solar energy facility, only where the required landscape buffer is adjacent to property where nonresidential uses are permitted.
(13) 
Secure perimeter fencing shall be installed around the solar energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth-tone colors such as black or brown.
A. 
Principal use.
(1) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
(2) 
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
(3) 
Noise from any facility shall not exceed 50 decibels at the lot line adjacent to any lot in a nonresidential zoning district and 15 decibels at the lot line adjacent to any lot in a residential zoning district, unless the adjacent property owner shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. The decibel measurement shall be taken at the exterior of any occupied structure on any property other than that occupied by the facility. Methods for measuring acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 – 1989, titled, "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
(4) 
Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
(5) 
To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code[1] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(6) 
All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(7) 
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8) 
Wind energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than one square foot in size.
(9) 
Transmission and power lines shall be placed underground or out of sight.
(10) 
Preliminary and final land development approval is required for the construction of any wind energy facility when it is the principal use on a site or lot.
(11) 
Yard/setback requirements.
(a) 
Minimum lot area: five acres.
(b) 
Maximum density: one facility per five acres.
(c) 
All setbacks shall be measured from the center of any wind energy facility base to the nearest point on the foundation of a building or property line.
(d) 
From off-premises buildings: 1.5 times the height of the wind energy facility at its tallest point or the setback for the district in which the facility is located, whichever is greater.
(e) 
From property lines: 1.1 times the height of the wind energy facility at its tallest point or the setback for the district in which the facility is located, whichever is greater.
(f) 
From public roads: 1.1 times the height of the wind energy facility at its tallest point or the setback for the district in which the facility is located, whichever is greater.
(12) 
The maximum height of any wind energy facility shall not exceed 120 feet, measured from ground level to the tallest point of the facility, measured to the tip of the blade fully extended perpendicular to the ground plane.
(13) 
Any individual wind energy facility shall be separated from any other wind energy facility by a minimum of 1.1 times the height of the facility, measured from the tips of the blades when the blades are parallel with ground level.
(14) 
No moving parts of the wind energy facility shall extend over parking areas, driveways, roads or sidewalks, except accessways necessary to service the facility.
(15) 
The facility coloring shall be solid neutral tones such as white, off-white, or gray. Any alphabetical or numeric characters shall be representative of the facility manufacturer only and shall comprise no more than four square feet.
(16) 
The following project information shall be submitted to the Township for every proposed wind energy facility:
(a) 
Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the wind energy system.
(b) 
An affidavit or similar evidence of agreement between the property owner and the wind energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a wind energy facility.
(c) 
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(d) 
A site plan showing the planned location of each proposed wind energy facility, property lines, setback lines, access roads, and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(e) 
A viewshed impact analysis, illustrating views of the proposed facility from multiple angles.
(f) 
A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.
(17) 
Decommissioning funds shall be posted and maintained with the Township in an account equal to 125% of the estimated decommissioning costs, for as long as the facility exists, regardless of change of ownership of the facility or property on which it sits. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations and any other associated facilities.
(a) 
An independent and certified professional engineer shall estimate the total cost of decommissioning without regard to salvage value or the equipment.
(b) 
Decommissioning funds shall be deposited into a refundable escrow of same amount with the Township.
(c) 
If the wind energy system remains unused for a period of 12 consecutive months, the owner, operator, or property owner shall, at its expense, complete decommissioning of the system within six months. The wind energy system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 24 months.
(d) 
If the facility owner, operator, or property owner shall fail to appropriately complete decommissioning, the Township may take such action as necessary to complete the decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns, that the Township may take such action as necessary to implement the decommissioning.
(18) 
There shall be no components attached or integral to the facility that facilitates unauthorized access to the structure, such as ladders or steps.
(19) 
All access doors to wind energy facilities and electrical equipment shall be located or fenced as appropriate to prevent entry by unauthorized persons.
B. 
Accessory use.
(1) 
Township zoning approval is required prior to the construction of any wind energy facility on any site or lot.
(a) 
The zoning permit application shall indicate the location or the proposed facility.
(2) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
(3) 
Noise from any wind energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter, or similar device may be used for measuring and reporting acoustic emissions from the solar energy facility.
(4) 
Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
(5) 
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(6) 
To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code[2] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(7) 
All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(8) 
Wind energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
(9) 
Yard/setbacks requirements:
(a) 
Minimum lot area: two acres.
(b) 
From buildings: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any movable or immobile part; except where the facility is mounted to a building, the setback shall not be required between the facility and the building to which it is attached or the principal structure setback for the district, whichever is greater.
(c) 
From property lines: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any movable or immobile part or the principal structure setback for the district, whichever is greater.
(d) 
From public roads: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any movable or immobile part or the principal structure setback for the district, whichever is greater.
(e) 
Each vertically oriented wind energy facility mounted on a building shall be separated from any other wind energy facility by 1.1 times the height of the facility, measured from the point at which the facility is mounted to the building, to the highest reach of any movable or immobile part of the facility.
(f) 
Any wind energy facility that is an accessory structure shall meet the applicable accessory structure setbacks that may apply in the zoning district within which the facility is constructed and where no setback is specified, the facility shall be no closer than 15 feet from the property line or the distance set forth above being 1.1 times the height of the facility, measured from the base to the highest movable or immobile part, whichever is greater.
(10) 
Maximum height. Where the facility is an independent structure and not mounted to a building, 30 feet maximum height in residential and C Commercial zoning districts and 40 feet maximum height in the SM Suburban Manufacturing Districts, measured from ground level to the tip of the wind energy facility's blade fully extended perpendicular to the ground plane. Where the facility is mounted to a building, the maximum height at the tallest point on the building shall be 30 feet high.
(11) 
Minimum vertical clearance between ground level and the lowest movable component of the wind energy facility when at its lowest point: 15 feet; where the facility is mounted to a building, the minimum vertical clearance between the building and the lowest movable component of the wind energy facility when at its lowest point: five feet.
(12) 
Ice throw from rotating wind turbine blades must be limited to within the subject property.
(13) 
The color shall be a neutral and nonreflective tone, such as white, off-white or gray. The facility coloring shall be solid and any alphabetical or numerical characters shall be representative of the facility manufacturer only and shall comprise no more than one square foot in size.
(14) 
No more than two wind turbines shall be permitted on any one property.
C. 
Conditional use.
(1) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
(2) 
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
(3) 
Noise from any wind energy facility shall not exceed 50 decibels at the lot line adjacent to any lot in a nonresidential zoning district, and 45 decibels at the lot line adjacent to any lot in a residential zoning district. A sound level meter, dosimeter, or similar device may be used for measuring and reporting acoustic emissions from the solar energy facility.
(4) 
Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
(5) 
To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code[3] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[3]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(6) 
All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(7) 
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8) 
Wind energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
(9) 
Preliminary and final land development approval is required for the construction of any wind energy facility when it is the principal use on a site or lot.
(10) 
Yard/setbacks requirements:
(a) 
Minimum lot area: two acres.
(b) 
Maximum density: one facility per two acres.
(c) 
All setbacks shall be measured from the center of any wind energy facility base to the nearest point on the foundation of a building or property line.
(d) 
From off-premises buildings: 1.5 times the height of the wind energy facility at its tallest point or the setback for the district in which the facility is located, whichever is greater.
(e) 
From property lines: 1.1 times the height of the wind energy facility at its tallest point or the setback for the district in which the facility is located, whichever is greater.
(f) 
From public roads: 1.1 times the height of the wind energy facility at its tallest point or the setback for the district in which the facility is located, whichever is greater.
(11) 
The maximum height of any wind energy facility, measured from ground level to the tip of the blade fully extended perpendicular to the ground plane, shall not exceed the maximum height of any structure as defined in this chapter for the applicable zoning district.
(12) 
Any individual wind energy facility shall be separated from any other wind energy facility by a minimum of 1.1 times the height of the facility, measured from the tips of the blades when the blades are parallel with ground level.
(13) 
No moving parts of the wind energy facility shall extend over parking areas, driveways, roads, sidewalks, or any other publicly accessible area, except access ways necessary to service the facility.
(14) 
The facility coloring shall be solid neutral tones such as white, off-white, or gray. Any alphabetical or numeric characters shall be representative of the facility manufacturer only and shall comprise no more than four square feet.
(15) 
The following project information shall be submitted to the Township for every proposed wind energy facility.
(a) 
Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the wind energy system.
(b) 
An affidavit or similar evidence of agreement between the property owner and the wind energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a wind energy facility.
(c) 
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(d) 
A site plan showing the planned location of each proposed wind energy facility, property lines, setback lines, access roads, and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(e) 
A viewshed impact analysis, illustrating views of the proposed facility from multiple angles.
(f) 
A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.
(16) 
Decommissioning funds shall be posted and maintained with the Township in an account equal to 125% of the estimated decommissioning costs, for as long as the facility exists, regardless of change of ownership of the facility or property on which it sits. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations and any other associated facilities.
(a) 
An independent and certified professional engineer shall estimate the total cost of decommissioning without regard to salvage value or the equipment.
(b) 
Decommissioning funds shall be deposited into a refundable escrow of same amount with the Township.
(c) 
If the wind energy system remains unused for a period of 12 consecutive months, the owner, operator, or property owner shall, at its expense, complete decommissioning of the system within six months. The wind energy system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 24 months.
(d) 
If the facility owner, operator, or property owner shall fail to appropriately complete decommissioning, the Township may take such action as necessary to complete the decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns, that the Township may take such action as necessary to implement the decommissioning.
(17) 
There shall be no components attached or integral to the facility that facilitates unauthorized access to the structure, such as ladders or steps.
(18) 
All access doors to wind energy facilities and electrical equipment shall be located or fenced as appropriate to prevent entry by unauthorized persons.
A. 
Accessory use.
(1) 
Township approval is required prior to the construction of any small wind energy facility on any site or lot.
(2) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include but not be limited to information regarding site selection, facility design or appearance, buffering, noise and screening of ground-mounted electrical control equipment.
(3) 
Noise from any small wind energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter, or similar device may be used for measuring and reporting acoustic emissions from the solar energy facility.
(4) 
Construction of any small wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
(5) 
To the extent applicable, all small wind energy facilities shall comply with the Pennsylvania Uniform Construction Code[1] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(6) 
All electrical components of small wind energy facilities shall conform to relevant and applicable local, state and national codes and relevant and applicable international standards.
(7) 
Small wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8) 
Small wind energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
(9) 
Yard and setback requirements.
(a) 
Such devices shall be set back a minimum distance of 1.1 times the total height of the device and all equipment mounted thereon from all adjacent property lines and from public or private street right-of-way lines. The total height shall include the height of any structure that a device is mounted on.
(b) 
Such devices shall be set back from any accessory structure(s) on the subject lot not less than 1.1 times the total height of the device. The setback distance shall be measured from the center of the wind turbine base to the nearest point of the foundation of any accessory structure(s).
(c) 
Minimum vertical clearance between the building and the exposed lowest movable component of the wind energy facility when at its lowest point: five feet.
(d) 
Small wind energy facilities shall not exceed a maximum height of 30 feet measured from the ground to the tallest point on the facility.
(10) 
Ice throw from small wind turbine blades must be limited to within the subject property.
(11) 
The color shall be a neutral and nonreflective tone, such as white, off-white or gray. The facility coloring shall be solid and any alphabetical or numerical characters shall be representative of the facility manufacturer only and shall comprise no more than one square foot in size.
(12) 
No more than two small wind turbines shall be permitted on any one property.
A. 
Principal use.
(1) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
(2) 
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
(3) 
Noise from any geothermal energy facility shall not exceed 15 decibels at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 – 1989, titled, "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
(4) 
To the extent applicable, all geothermal energy facilities shall comply with the Pennsylvania Uniform Construction Code[1] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(5) 
All electrical components of geothermal energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(6) 
Geothermal energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than four square feet in size.
(7) 
Transmission and power lines shall be placed underground or out of sight.
(8) 
The following project information shall be submitted to the Township for every proposed geothermal energy facility:
(a) 
Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the geothermal energy system.
(b) 
An affidavit or similar evidence of agreement between the property owner and the geothermal energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a geothermal energy facility.
(c) 
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(d) 
A site plan showing the planned location of each proposed geothermal energy facility, property lines, setback lines, access roads, and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(e) 
A viewshed impact analysis illustrating views of the proposed facility from multiple angles.
(f) 
A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.
(9) 
Preliminary and final land development approval is required for the construction of any geothermal energy facility when it is the principal use on a site or lot.
(10) 
All geothermal energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.
(a) 
Required landscape buffering may be modified so that tall tree species may be replaced with lower-growing tree species where the required tree species may interfere with the functioning of the geothermal energy facility, only where the required landscape buffer is adjacent to property where nonresidential uses are permitted.
(11) 
Secure perimeter fencing shall be installed around the geothermal energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth-tone colors such as black or brown.
B. 
Accessory use.
(1) 
Township zoning approval is required for the construction of any geothermal energy facility that is an accessory use on any site or lot.
(a) 
The zoning permit application shall indicate the location of the proposed facility.
(2) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
(3) 
Noise from any geothermal energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter or other similar device may be used for measuring and reporting acoustic emissions from the geothermal energy facility.
(4) 
Geothermal energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer not greater than six inches by six inches in size.
(5) 
To the extent applicable, all geothermal energy facilities shall comply with the Pennsylvania Uniform Construction Code[2] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(6) 
All electrical components of geothermal energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(7) 
Geothermal energy facilities shall meet the accessory structure setbacks that may apply in the zoning district within which the facility is constructed and where no such setback is specified, the facility shall be no closer than 10 feet from any property line.
(8) 
No facility shall be installed closer than 10 feet to a swimming pool or other open body of water.
C. 
Conditional use.
(1) 
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
(2) 
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
(3) 
Noise from any geothermal energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter or other similar device may be used for measuring and reporting acoustic emissions from the geothermal energy facility.
(4) 
To the extent applicable, all geothermal energy facilities shall comply with the Pennsylvania Uniform Construction Code[3] and regulations promulgated by the Pennsylvania Department of Labor and Industry.
[3]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(5) 
All electrical components of geothermal energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(6) 
Geothermal energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
(7) 
The following project information shall be submitted to the Township for every proposed geothermal energy facility:
(a) 
Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the geothermal energy system.
(b) 
An affidavit or similar evidence of agreement between the property owner and the geothermal energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a geothermal energy facility.
(c) 
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(d) 
A site plan showing the planned location of each proposed geothermal energy facility, property lines, setback lines, access roads, and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(e) 
A viewshed impact analysis illustrating views of the proposed facility from multiple angles.
(f) 
A design certification by a certified engineer consisting of the proposed foundation design and analysis of soil conditions.
(8) 
Preliminary and final land development approval is required for the construction of any geothermal energy facility when it is the principal use on a site or lot.
(9) 
All geothermal energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.
(a) 
Required landscape buffering may be modified so that tall tree species may be replaced with lower-growing tree species where the required tree species may interfere with the functioning of the geothermal energy facility, only where the required landscape buffer is adjacent to property where nonresidential uses are permitted.
(10) 
Secure perimeter fencing shall be installed around the geothermal energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth-tone colors such as black or brown.
[Amended 11-9-2022 by Ord. No. 1400]
A. 
Short title. This section shall be known as the "Township of O'Hara Wireless Communications Facilities Ordinance."
B. 
Purposes and findings of fact.
(1) 
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Township of O'Hara. While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
(2) 
By enacting this section, the Township intends to:
(a) 
Regulate the placement, construction and modification of wireless communications facilities to protect the safety and welfare of the public;
(b) 
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of the public and wireless telecommunications operators in accordance with federal and state laws and regulations;
(c) 
Establish procedures for the design, siting, construction, installation, maintenance and removal of tower-based, non-tower-based and small wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;
(d) 
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;
(e) 
Encourage the co-location of wireless communications facilities on existing wireless support structures rather than the construction of new wireless support structures;
(f) 
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;
(g) 
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
(h) 
Update the Township's Wireless Communications Facilities Ordinance to incorporate changes in federal and state laws and regulations.
C. 
Definitions.
(1) 
Certain terms used herein are defined in the Township of O'Hara Zoning Ordinance, Article II, § 455-2.2, 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 "Township" is the Township of O'Hara in Allegheny County, Commonwealth of Pennsylvania, including the Council, Zoning Hearing Board, and Planning Commission of the Township.
(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.
D. 
Laws applicable to all tower-based wireless communications facilities. 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 detailed plans to the Township of O'Hara Manager or their designee for review by the Township of O'Hara Planning Commission and for determination by the Township Council, as a conditional use, and subject to the restrictions and conditions prescribed herein, as well as the prior written approval of the Township.
(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 Township. The Council may grant conditional use in accordance with the procedures and requirements of Township of O'Hara Zoning Ordinance, Article XIV, § 455-15.24, Conditional uses, and the Township Code.
[1] 
Siting. Tower-based WCF are prohibited in all zoning districts and shall only be permitted in the following district by conditional use, subject to the requirements and prohibitions of this section:
[a] 
Suburban manufacturing district (SM).
[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 Township'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 Township of O'Hara Manager or their designee 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 Township 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 Township, length of time property owner is bound to allowing the tower-based WCF; and all other requirements of the Township of O'Hara 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, scatterplot analysis and the input parameters for the scatterplot analysis. All tower structure information shall be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; 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 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 the length of time of such an easement, 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, non-tower, and small WCF, that are either sited within the Township of O'Hara 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 Township 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 communications facilities within the Township; provided, however, that the Township 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] 
Material terms of the ground lease or property lease, including, but not limited to, the length of time of the lease.
[j] 
Other information deemed to be necessary by the Township to assess compliance with this section, or any other requirement under the Township of O'Hara Code of Ordinances, state law, or federal law or regulation.
[5] 
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, including, but not limited to, planned developments.
[6] 
Prohibited in open space and conserved lands. Tower-based WCFs shall not be located within an open space or conserved land. Tower-based WCFs shall not be located within a conservation district or Township park, active, passive or recreation.
[7] 
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.
[8] 
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.
[9] 
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:
[a] 
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.
[b] 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
[10] 
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.
[11] 
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 the Township of O'Hara Zoning Ordinance, and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased.
[12] 
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 fee schedule for wireless communications facilities (WCF). If the Township receives an application for a tower-based WCF and such application is not fully completed, then the Township 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 Township. Unpaid applications are incomplete and not duly filed with the Township.
(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 Township within 15 days of completion of notification. If a public hearing is required, notice of any hearing before the Township Council shall be published in a newspaper circulating within the Township of O'Hara at least 10 days prior to the date of said hearing; any mailing of notices that may be required by the Township Council shall be completed at least 10 days before such hearing, and the proof of mailing shall be provided to the Township 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 Township 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 Township 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 Township, 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 Township may deny any application to construct a new tower if the applicant has not made a good faith effort to colocate 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 1/4-mile radius of the proposed tower-based WCF site be contacted and that the applicant certifies, in writing, to the Township of O'Hara Manager or their designee 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, 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, health, or safety of any person or damage any property in the Township.
(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 Township 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 Township reserves the authority to require the timely 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) 
In the event of defacement, vandalism, or any other form of harm or damage, the Township reserves the authority to require the immediate 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 defaced, vandalized, harmed, or otherwise damaged.
(f) 
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 Township Manager on an annual basis, or within 30 days following a written request by the Township. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any tower-based WCF that 1) fails to timely submit annual proof of compliance; 2) fails to timely respond to the Township's written request for compliance; or 3) 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 Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township, or so designated as a landmark.
(13) 
Signs. All tower-based WCFs shall post a sign, reasonable in size, 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 Township 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 deliver written notice to the Township 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 Township of O'Hara Zoning Ordinance, Article XVIII, § 455-19.12, 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 Township, the owner of the tower-based WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or erection of tower-based WCFs. 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 Township's Manager or their designee following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. 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. In the event an inspection reveals an emergency, the tower-based WCF operator shall immediately notify the Township Manager of the emergency and shall immediately act to repair or resolve the emergency.
(19) 
Retention of consultants and experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. Upon written demand, the applicant and/or owner of the WCF shall timely reimburse the Township for all reasonable costs of the Township's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.
(a) 
For reasonable costs incurred in reviewing and evaluating the application for approval, the costs shall be due upon application and the Township shall not issue a permit until the applicant and/or owner of the WCF has timely reimbursed the Township.
(b) 
For reasonable costs incurred in reviewing and evaluating any potential violations of the terms and conditions of this section, the costs shall be due upon written demand to the WCF operator and failure to timely reimburse the Township shall be considered as substantial evidence of a material violation of the conditions of the permit, for which the Township may revoke the permit pursuant to this section.
(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. An operator of a damaged or destroyed nonconforming tower-based WCF must obtain a building permit in conformance with the Township Code prior to repairing or restoring the nonconforming tower-based WCF. The Township shall not finalize a building permit where the nonconforming tower-based WCF does not 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 Township 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 by the owner and/or operator of the WCF, and the location restored, within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
Upon removal of the facility, the tower-based 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 Township 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 Township.
(c) 
If the tower-based WCF, accessory facilities, and wireless support structure is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF accessory facilities and wireless support structure may be removed by the Township, and the location restored, and the cost of removal and/or restoration assessed against the owner of the WCF. Any cost to the Township for such removal and/or restoration 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 Township tax on real property.
(d) 
Any unused portions of tower-based WCFs, including, but not limited to, antennas, equipment, and wireless support structures, shall be removed by the owner and/or operator within six months of the time of cessation of operations and such location(s) restored. The Township 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 Township.
(b) 
In order to be considered for such permit, the tower-based WCF applicant must submit a building permit application to the Township in accordance with the Township of O'Hara Code of Ordinances.
(c) 
In order to be considered for such a 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.
(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 Township, the Township 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 Township's regulations, laws and forms pertaining to the location, modification or operation of wireless communications facilities are submitted by the applicant to the Township. In case of incompleteness of the application, the Township 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 Township.
[3] 
Within 60 days of receipt of a complete application for modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying structure or wireless support structure, the Township 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. A copy of said inspection report and certification of continued use shall be provided to the Township 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 Township. 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 Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
(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 Township.
(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 Township 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. The materials selected for the security fence shall be determined by the Township, and shall not include any barbed-wire or chain-link material.
(b) 
An evergreen screen shall be required to surround the site, and the selection of evergreen trees shall conform to the approved tree genus and specifies enumerated in the Township of O'Hara Zoning Ordinance. 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. The architectural design and construction of such utility buildings and accessory structures shall be subject to the approval of the Township.
(28) 
Additional antennas. As a condition of approval for all tower-based WCFs, the applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(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. The access road and parking shall comply with the construction and stormwater regulations of the Township. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility and length of time of such easement. 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 Township Solicitor. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this 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 Township 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 Township Council, based on engineering estimates, to cover the cost of removing and disposing of the antenna, tower, and related facilities. The Township 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 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 Township 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 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 Township Council. The Township 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 Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.
(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 Township.
(33) 
Inspection by township. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions of the Township of O'Hara Code of Ordinances or state or federal law or regulation. The Township 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. In the event of an emergency, the Township reserves the authority to enter the property upon which a tower-based WCF is located at any time and without prior notice.
E. 
Laws applicable to all non-tower wireless facilities. 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 Township of O'Hara Manager or their designee indicating how the non-tower WCF will be mounted on the structure, for review by the Township of O'Hara Planning Commission and for determination by the Township Council, as a conditional use, and subject to the restrictions and conditions prescribed herein, as well as the prior written approval of the Township.
(b) 
The applicant shall prove that it is licensed by the FCC to operate a non-tower 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. Non-tower 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 Township of O'Hara Planning Commission and approval by the Township of O'Hara Council, in accordance with the procedures and requirements of the Township of O'Hara Zoning Ordinance, Article XIV, § 455-15.24.
[1] 
Siting. Non-tower WCF are prohibited in all zoning districts and permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of this section:
[a] 
Suburban Residential District (R-2);
[b] 
Urban Residential District (R-3);
[c] 
Special Moderate Density Residential District (R-4);
[d] 
Conservation District - Slopes and Forests (CD-1);
[e] 
Conservation District - Water (CD-2);
[f] 
Commercial District (C); and
[g] 
Suburban Manufacturing District (SM).
[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. Non-tower 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 Township of O'Hara Manager or their designee 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 Township 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 Township, and all other requirements of the Township of O'Hara Zoning Ordinance and all other Township 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 antennas; 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, scatterplot analysis and the input parameters for the scatterplot analysis; all wireless support structure information to be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.
(d) 
A written report, titled "Cost of Non-Tower Wireless Facilities Removal," certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of antenna 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 the Township of O'Hara 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 Township 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 Township; provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(f) 
Material terms of the support structure lease or property lease, including, but not limited to, the length of time of the lease.
(g) 
Other information deemed to be necessary by the Township to assess compliance with this section, or any other requirement under the Township of O'Hara Zoning Ordinance, Township of O'Hara 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 Township.
(b) 
In order to be considered for such permit, the non-tower WCF applicant must submit a building permit application to the Township in accordance with the Township of O'Hara 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.
(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 Township, the Township 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 Township's regulations, laws and forms pertaining to the location, modification or operation of wireless communications facilities are submitted by the applicant to the Township. In case of incompleteness of the application, the Township 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 Township.
[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 Township 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 non-tower 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 Township 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 Township. 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 Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.
(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 Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township, or so designated as a landmark.
(7) 
Prohibited in open space and conserved lands. Non-tower WCFs shall not be located within an open space or conserved land.
(8) 
Timing and determination. All applications for non-tower WCFs shall be acted upon by the Township 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 fee schedule for wireless communications facilities (WCF). If the Township receives an application for a non-tower WCF and such application is not fully completed, then the Township 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 Township. Unpaid applications are incomplete and not duly filed with the Township.
(9) 
Retention of consultants and experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the non-tower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. Upon written demand, the applicant and/or owner of the non-tower WCF shall timely reimburse the Township for all reasonable costs of the Township's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.
(a) 
For reasonable costs incurred in reviewing and evaluating the application for approval, the costs shall be due upon application and the Township shall not issue a permit until the applicant and/or owner of the WCF has timely reimbursed the Township.
(b) 
For reasonable costs incurred in reviewing and evaluating any potential violations of the terms and conditions of this section, the costs shall be due upon written demand to the WCF operator and failure to timely reimburse the Township shall be considered as substantial evidence of a material violation of the conditions of the permit, for which the Township may revoke the permit pursuant to this section.
(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 Township Solicitor. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the non-tower 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 Township Council, based on engineering estimates, to cover the cost of removing and disposing of the antenna and related facilities. The Township Council may consider, but shall not be required to rely upon, the applicant's written report, titled "Cost of Non-Tower Wireless Facilities Removal," certified by a registered 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 Township 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 Non-Tower Wireless Facilities Removal," certified by a registered 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 Township Council. The Township 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) 
Non-tower 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 Township.
(b) 
Non-tower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the non-tower WCF applicant obtains a variance.
(c) 
All non-tower WCF applicants must submit documentation to the Township 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 that 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 Township.
(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 Township Manager on an annual basis, or within 30 days following a written request by the Township. A non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any non-tower WCF that 1) fails to timely submit annual proof of compliance; 2) fails to timely respond to the Township's written request for compliance; or 3) is generating radio frequency emissions in excess of the standards and regulations of the FCC.
(16) 
Aviation safety. Non-tower 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 Township, the owner of the non-tower WCF shall have said non-tower WCF Inspected by a Pennsylvania-licensed and registered 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 Township Manager or their designee following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. 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. In the event an inspection reveals an emergency, the non-tower WCF operator shall immediately notify the Township Manager of the emergency and shall immediately act to repair or resolve the emergency.
(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 Township's residents.
(c) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(d) 
The Township 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) 
In the event of defacement, vandalism, or any other form of harm or damage, the Township reserves the authority to require the immediate cleaning, repainting, or repair of a non-tower 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 defaced, vandalized, harmed, or otherwise damaged.
(f) 
Non-tower 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 Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a) 
All abandoned or unused non-tower WCFs and accessory facilities shall be removed by the owner and/or operator, and the location restored, within three months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
Upon removal of the facility, the non-tower 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 Township 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 Township.
(c) 
If the non-tower WCF, accessory facilities, and wireless support structure are not removed, or the location completely restored, within three months of the cessation of operation at a site, or within any longer period approved by the Township, the WCF and/or related facilities and equipment may be removed by the Township, and the location restored, and the cost of removal and/or restoration assessed against the owner of the WCF. Any cost to the Township for such removal and/or restoration 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 Township tax on real property.
(d) 
Any unused portions of non-tower WCFs, including, but not limited to, antennas, equipment, and wireless support structures, shall be removed by the owner and/or operator within three months of the time of cessation of operations and such location(s) restored. The Township must approve all replacements of portions of a non-tower WCF previously removed.
(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 Township.
(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. Non-tower 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 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 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 Township Manager at least five business days prior to such electric generator testing or electric generator maintenance.
(26) 
Noise. Non-tower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township of O'Hara 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 township. The Township reserves the right to inspect any non-tower WCF to ensure compliance with the provisions of this section and any other provisions found within the Township of O'Hara Code of Ordinances or state or federal law or regulation. The Township 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.
F. 
Laws applicable to all small wireless communications facilities. The following laws shall apply to small wireless communications facilities:
(1) 
Development requirements.
(a) 
Small WCF are prohibited, except by approval from the Township's Manager or their designee, subject to the requirements of this section and generally applicable permitting as required by the Township of O'Hara Zoning Ordinance and all applicable Township ordinances.
(b) 
Small WCF located within areas 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 planned developments, zoning districts, or sub-portions 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[1] and all applicable streets and sidewalks requirements in the Township of O'Hara Zoning Ordinance.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(e) 
Small WCFs shall not be located or attached on single-family detached residences, single-family attached residences, or any accessory residential structure.
(f) 
Small WCFs shall not be located in any municipal park, or in any land owned by the Township or authorized by the Township to be designated as a municipal park or open space, whether or not developed.
(2) 
Procedures.
(a) 
Any applicant proposing a small WCF shall submit an application to the Township's Manager or their designee 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 and Disposal," 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 Township 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 fee schedule for wireless communications facilities (WCF). Unpaid applications are incomplete and not duly filed with the Township. 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 Township Manager or their designee, the Township 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 Township Manager or their designee 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 Township Manager or their designee 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 Township 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 Township of O'Hara Zoning Ordinance, or any other applicable ordinance or code.
(c) 
The small WCF fails to comply with the requirements specified under the Pennsylvania Small Wireless Facilities Deployment Act,[2] or any other applicable state law.
[2]
Editor's Note: See 53 P.S. § 11704.1 et seq.
(d) 
The small WCF fails to comply with the requirements specified under federal law and FCC regulations.
(e) 
The applicant fails to submit a written report by a Pennsylvania-licensed and registered professional engineer (P.E.), who is regularly involved in the maintenance, inspection, and/or modification of small WCFs, 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 Township 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 Township 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 Township's written basis for the denial. Upon eligible resubmission, the applicant shall not pay any additional application fees.
(7) 
Township review upon eligible resubmission. The Township 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 Township shall be limited to the deficiencies cited in the Township's written denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the Township 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 Township.
(b) 
In order to be considered for such permit, the small WCF operator must submit a building permit application to the Township in accordance with the Township of O'Hara 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.
(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 Township Manager or their designee, the Township 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 Township's regulations, laws and forms pertaining the location, modification or operation of wireless communications facilities are submitted by the applicant to the Township. In case of incompleteness of the application, the Township 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 Township.
[3] 
Within 60 days of receipt of a complete application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure, the Township Manager or their designee 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. A copy of said inspection report and certification of continued use shall be provided to the Township 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 Township. 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.
(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 Township may assess appropriate and reasonable application fees directly related to the Township'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 fee schedule for wireless communications facilities (WCF).
(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 Township.
(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 Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township, 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 Township Manager on an annual basis, or within 30 days following a written request by the Township. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any small WCF that 1) fails to timely submit annual proof of compliance; 2) fails to timely respond to the Township's written request for compliance; or 3) is generating radio frequency emissions in excess of the standards and regulations of the FCC.
(15) 
Time, place and manner. The Township 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 Township.
(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 Township.
(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 Township reserves the authority to require the cleaning, repainting, or repair of a small WCF, including, but not limited to, the antennas, wireless support structures, 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) 
In the event of defacement, vandalism, or any other form of harm or damage, the Township reserves the authority to require the immediate 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 defaced, vandalized, harmed or otherwise damaged.
(f) 
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 Township's costs in managing and maintaining the public rights-of-way.
(19) 
Design standards. All small WCF in the Township shall comply with the requirements of the Township of O'Hara Small Wireless Communications Facility Design Manual, a copy of which is on file with the Township.
(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 Township 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 1/2-mile radius from the point of the proposed small WCF, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower, 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 Township during any forty-five-day period of time, then the Township'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 Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation by the Township or other public improvement in the public rights-of-way;
(b) 
The operations of the Township 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 Township.
(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 Township of O'Hara Zoning Ordinance.
(24) 
Height. Any small WCF shall not exceed the maximum height permitted in the applicable zoning district.
(25) 
Retention of consultants or experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the 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 Township for all reasonable costs of the Township'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 Township having notified the small WCF operator, in writing, of the restoration and repairs required, the Township 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 Township.
(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 Township Solicitor. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township 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 Township 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 Township Council may consider, but shall not be required to rely upon, the applicant's written report, titled "Cost of Small Wireless Facilities Removal and Disposal," 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 Township 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 and Disposal," 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 Township Council. The Township 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 Township, the owner of the small WCF shall have said small WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs. A copy of said inspection report and certification of continued use shall be provided to the Township's Manager or their designee following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. 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. In the event an inspection reveals an emergency, the small WCF operator shall immediately notify the Township Manager of the emergency and shall immediately act to repair or resolve the emergency.
(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 Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township, in an amount specified by the fee schedule for wireless communications facilities (WCF), to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission. The Township 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 Township.
(30) 
Removal. In the event that use of a small WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a) 
All abandoned or unused small WCFs and accessory facilities shall be removed by the owner and/or operator, and the location restored within one month of the cessation of operations at the site unless a time extension is approved by the Township.
(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 Township 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 Township.
(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 Township, the WCF and/or related facilities and equipment may be removed by the Township, and the location restored, and the cost of removal and/or restoration assessed against the owner of the WCF. Any cost to the Township 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 by the owner and/or operator within one month of the time of cessation of operation and such location(s) restored. The Township must approve all replacements of portions of a small WCF previously removed.
(31) 
Inspection by Township. The Township reserves the right to inspect any small WCF to ensure compliance with the provisions of this section and any other provisions of the Township of O'Hara Code of Ordinances or state or federal law or regulation. The Township 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.
G. 
Laws applicable to all wireless 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 the Township of O'Hara may be exempt from the requirements of this section. The Township 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 Township property or public rights-of-way until a license or lease agreement authorizing such wireless facility has been approved by the Township Council.
(2) 
Pedestrian access and movement. No wireless communications facility, accessory facility, or wireless support structure shall materially interfere 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[3] (Public Law 101-336, 104 Stat. 327) or similar federal or state or local standards regarding pedestrian access or movement.
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(3) 
Time, place, and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair and/or removal of all wireless communications facilities and associated facilities in the public rights-of-way. The Township's considerations in reaching determination on the time, place, and manner of activity in the public rights-of-way shall include, but shall not be limited to, public safety, traffic management, physical burden on the rights-of-way, timeliness of completion and costs.
(4) 
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 Township, 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 Township 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 Township having notified the permitted wireless communications facility operator, in writing, of the restoration and repairs required, the Township may cause proper restoration and repairs to be made. All reasonable expenses incurred by the Township in properly restoring or repairing such property shall be paid by the wireless communications facility operator within 15 days of receipt of a written demand by the Township.
(5) 
Emergency maintenance. In the event of a declared or undeclared emergency involving or related to a wireless communications facility or any associated accessory facility or wireless support structure, the facility operator, or its agent, shall act immediately to 1) protect the health, welfare, or safety of the public; and 2) protect the usability of the public rights-of-way and prevent a loss of the services provided by the ROW. Failure to timely alleviate a declared or undeclared emergency involving a wireless communications facility, accessory facility, or wireless support structure shall be considered a violation of this section and substantial evidence that the wireless communications facility constitutes a threat to public safety, health, or welfare, or that the conditions of the permit have been materially violated.
(6) 
Immediate risk of harm. Where a wireless communications facility or any associated accessory facility or wireless support structure creates, causes, or is a clear and immediate risk of harm to the health, welfare, or safety of the public, or has caused or is likely to cause facilities in the public rights-of-way to be unusable and result in loss of the services provided by the ROW, the Township may remedy such condition without prior notice. All reasonable expenses incurred by the Township to remedy such condition shall be paid by the wireless communications facility operator within 15 days of receipt of a written demand by the Township.
(7) 
Penalties. Any person violating any provision of this section shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a 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.
(8) 
Determination of violation. In the event the Township 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 Township 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 Township may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.
(9) 
Revocation of permitted use. Any permit granted under this section may be revoked by the Township 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 Township 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 Township Council may revoke the permit.
(10) 
Payment of fees, expenses, and penalties. No permit shall be caused to issue or renew by the Township until all fees due to the Township are paid in full, including, but not limited to, application fees, expert and consultant fees, and permit fees. Failure to timely remit duly assessed fees shall be considered a violation of this section and substantial evidence that the conditions of the permit have been materially violated.
(11) 
Fee payments are nonrefundable. All fees paid to the Township, including, but not limited to, application fees, repair expenses, expert and consultant fees, and permit fees, are nonrefundable and will not be returned to the applicant.
H. 
Insurance and indemnification of wireless facilities.
(1) 
Insurance.
(a) 
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 Township of O'Hara Manager, upon request, and as provided herein.
(b) 
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 Township shall not provide direct payment or reimbursement to persons for the costs of maintaining, or the costs of furnishing, the required insurance coverages.
(c) 
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 A.M. 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 the Township of O'Hara as an additional insured by endorsement on the certificate(s) of insurance.
(d) 
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 Township of O'Hara Manager evidencing coverage in compliance with the regulations herein. The failure of the Township 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 Township.
(e) 
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 Township reserves the authority to revoke the permit of any wireless communications facility for failure to comply with the insurance coverage and administrative requirements herein.
(f) 
Minimum insurance requirement. 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:
[1] 
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 Township of O'Hara Manager. Waiver of subrogation to be included with documentation provided to the Township of O'Hara Manager.
[2] 
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:
[a] 
Premises and operations.
[b] 
Products/completed operations.
[c] 
Independent contractors.
[d] 
Personal and advertising injury.
[e] 
Blanket contractual liability.
[f] 
Explosion, collapse, underground liability (XCU).
[g] 
The Township of O'Hara 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.
[h] 
The certificate of insurance should show this applies to the general liability coverage on the certificate, and additional insured endorsement shall be attached.
[i] 
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 the Township of O'Hara, assigns, officers, employees, volunteers, representatives and agents.
[j] 
Cross liability coverage (commercial general liability and business automobile liability policies only).
[k] 
Coverage must be written on an occurrence policy form.
[l] 
No deductible or self-insured retention should exceed $50,000.
[3] 
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. The Township of O'Hara and its 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 the Township of O'Hara, assigns, officers, employees, representatives and agents. Coverage must apply on a primary and noncontributory basis.
[4] 
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, and workers' compensation. Coverage must be written as an occurrence policy.
[5] 
Professional liability (if applicable), with limits no less than $1,000,000 per claim. Coverage must be written as an occurrence policy.
(g) 
Increasing the minimum insurance requirements. The minimum insurance requirements specified herein may be increased at any time upon the review and determination of the Township Council.
(h) 
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 Township of O'Hara Manager via U.S. Postal Mail. Insurance policies that lapse and/or expire during term of work shall be recertified and received by the Township of O'Hara Manager no less than 30 days prior to expiration or cancellation of the respective policy.
(2) 
Indemnification.
(a) 
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 Township, 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, installation, operation, maintenance or removal of each of its WCF.
(b) 
Requirement to defend. Each person that constructs, owns, operates, maintains, or removes a tower-based WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings against the Township 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.
(c) 
Indemnification and hold harmless agreement requirement. Prior to the initial 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 an "indemnification and hold harmless agreement" to the Township of O'Hara Manager.
I. 
Miscellaneous.
(1) 
Police powers. The Township, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
(2) 
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.
(3) 
Effective date. This section shall become effective upon enactment by the Township of O'Hara Council.
If a homeowners' association is formed within a residential district, it shall be governed according to the following regulations:
A. 
The landowner or developer shall provide the Township with the legal framework for the association indicating its bylaws and methods for maintaining open space, which shall be acceptable to the Township.
B. 
The association is to be organized by the landowner or developers and operating before the sale of any lots within the development.
C. 
Membership in the association is mandatory for all purchasers of dwelling units therein and their successors.
D. 
The members of the association shall share equitably the costs of maintaining the open spaces. If a member fails to pay their pro rata share, then a lien against an individual property may be made in accordance with the provisions for same in the bylaws of the organization.
E. 
The association shall be responsible for maintenance of insurance and taxes on open space.
F. 
The association shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Township.
G. 
The association shall have the authority and ability to promptly correct hazardous conditions in the open space.
H. 
The association shall provide annual updates to the Township on changes in the composition or membership of its Board and changes to any of its maintenance agreements, contracts or ability to maintain said development, its grounds and any open space.
Short-term rentals shall be subject to the following regulations:
A. 
Permit required. Before advertising and renting a dwelling unit for use as a short-term rental, the property owner shall apply for and receive a permit from the Township Manager. The permit application shall include the following:
(1) 
The property owner's name;
(2) 
The number of bedrooms available for rent;
(3) 
The approximate number of days per year the dwelling unit will be available for short-term rental;
(4) 
Confirmation of insurance coverage, as required by § 455-15.42G;
(5) 
The name and contact information of a person whose primary residence is located within 10 miles of the Township and who will accept responsibility to respond to complaints raised while the dwelling unit is being utilized as a short-term rental. Said person must also sign the application and agree to be responsible for handling complaints if the owner is not available.
B. 
Parking. Each short-term rental shall provide sufficient paved off-street parking to accommodate all vehicles used by the short-term renters.
C. 
Minimum stay. Short-term rentals shall be advertised and rented for a period of at least three consecutive nights.
D. 
Maximum occupancy. No short-term rental may accommodate more than two renters per bedroom contained in the dwelling unit.
E. 
Noise. Short-term rentals shall comply with all noise requirements contained in § 455-19.12.
F. 
Signage. No signage shall be permitted on the premises that advertises the short-term rental.
G. 
Insurance. Each owner of a dwelling unit used for short-term rentals shall maintain and keep in force commercial liability insurance (including broad form property damage, personal injury, and fire damage) in amounts not less not less than $100,000 per occurrence, $300,000 aggregate, combined single limit for both bodily injury and property damage. A certificate evidencing said insurance shall be submitted to the Township with the short-term rental application.
[Added 6-13-2023 by Ord. No. 1411]
The following shall apply to permitted accessory uses and structures for keeping of domesticated chickens in districts where specifically allowed:
A. 
Permit.
(1) 
A property owner shall be required to obtain a permit for the keeping of domesticated chickens in a stationary or mobile chicken coop. If a stationary chicken coop is relocated, a new permit shall be required.
(2) 
A chicken coop or other related structure may only be an accessory structure and must comply with this section and other applicable provisions of the Zoning Ordinance.
(3) 
This permit shall be in addition to any other required permit (such as, but not limited to, a building permit, electrical permit, or fence permit, if needed).
(4) 
Applications for a permit shall be submitted to the Zoning Officer and shall include such information as is required. Such application shall include a plan showing conformance with all applicable regulations, including a dimensioned site plan or existing survey of the property showing the location of the chicken coop and run, if provided; the designated area for the mobility of a mobile chicken coop; and the management of manure and wastes.
B. 
Chicken coop location.
(1) 
The chicken coop and run, if provided, must be in the rear yard.
(2) 
The entire chicken coop, and any run structure, stationary or mobile, in the R-1, R-2, R-4 and CD-1 and CD-2 Zoning Districts, must be located at least 10 feet from any property line at all times. The entire chicken coop and any run structure, stationary or mobile, in the R-3 Zoning District must be located a minimum of five feet from any property line at all times.
(3) 
Mobile chicken coops are limited to one mobile chicken coop per property.
(4) 
The location of a mobile chicken coop shall be located in the designated area specified in the approved plan.
C. 
Number of chickens permitted.
(1) 
Three chickens are permitted for the first 10,000 square feet of the lot. Each additional chicken will require 2,000 additional square feet of the lot. Lots less than 10,000 square feet shall have a maximum of three chickens. No more than 20 chickens are permitted at one time.
(2) 
Mobile chicken coops, and runs if provided, shall house a maximum of four chickens.
D. 
Coop requirements.
(1) 
Space. Coops without a chicken run shall permit, at a minimum, three square feet per chicken. Coops with a chicken run shall permit a minimum of two square feet per chicken.
(2) 
Height. A coop shall not exceed eight feet in height.
(3) 
Size. A coop shall not exceed a maximum size of 100 square feet.
(4) 
General. Coops shall be constructed from proper building materials and structurally sound. The coop shall be predator-proof, well maintained and in good repair, and provide natural lighting and adequate ventilation and protection from weather.
E. 
Chicken run requirements.
(1) 
A chicken run, if used, shall be predator-proof, well maintained and in good repair. Chicken runs shall be constructed from proper building material. The minimum gauge chicken wire that shall be used is 20-gauge. Other materials may be used subject to Township approval.
(2) 
Chicken runs may not exceed seven feet in height.
F. 
Collection and management of manure and wastes.
(1) 
Property owners shall comply with the Township Zoning Ordinance, § 455-19.5, Storage and waste disposal, Subsections C and D, as well as all applicable state and federal laws and regulations.
C.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces; nor shall any substance which can contaminate wells, watercourses, or potable water supplies otherwise render such wells, watercourses, or potable water supplies undesirable as sources of water supply or recreation; nor shall any substance which will destroy aquatic life be allowed to enter any wells, watercourses, or potable water supplies.
D.
Any materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
(2) 
The property owner shall comply with Township Nuisance Ordinance § 295-7, Health concerns, Subsection B(2)(d).
(d)
No person shall place, throw or deposit garbage, refuse, waste, rubbish, papers, or decaying plant, animal or vegetable matter of any kind, including tree or plant cuttings, upon or along any street or highway, or upon public property, or along the bank of any stream or watercourse within the Township.
[1]
Nothing in the foregoing shall prohibit a person from properly maintaining a compost pile upon property owned or occupied by them on which may be thrown leaves, lawn clippings, garden trimmings, food waste, organic materials and manure, so long as a nuisance shall not result therefrom.
(3) 
Chicken manure will only be accepted in the municipal waste collection system as a municipal waste product when the chicken manure is tied and sealed in a plastic garbage bag and weighs no more than 50 pounds.
G. 
Odor. No person shall manufacture, create or maintain any continuous or repeated odor or smell which is offensive, obnoxious, troublesome, annoying or unpleasant emanating from a property and is likely to interfere with the ordinary enjoyment of other property in the vicinity.
H. 
General chicken requirements.
(1) 
Chicken feed shall be kept in secure rodent-proof containers.
(2) 
No roosters are permitted.
(3) 
Chickens must be in a secure coop, run or fenced-in area in the rear yard at all times.
(4) 
No butchering or cleaning of butchered chicken is permitted in plain sight.
I. 
Other requirements.
(1) 
No selling of eggs is permitted.
(2) 
No selling of butchered meat is permitted.
(3) 
No selling of chicks or chickens is permitted.
(4) 
If not used, the chicken coop, and chicken run, if provided, must be converted to another permitted use, or removed in accordance with Township Zoning Ordinance § 455-19.1, Compliance.
No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration, glare, excessive traffic, attract vermin or rodents or constitute a nuisance or be a detriment to the health, safety, moral or general welfare of the community or to any other person or property in the Township.
(5) 
The chicken coop, and chicken run if provided, shall be free of infestation in accordance with Township Nuisance Ordinance § 295-7B(1), Health concerns - Infestation/sanitation.
(1)
The infestation of insects, rats, vermin or other pests. The owner shall be responsible for promptly exterminating insects, rats, vermin or other pests found by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken by the owner to eliminate insect, rats, vermin or other pests from harborage and prevent reinfestation.
(6) 
A dog or cat that kills a chicken shall not, for that reason alone, be considered a dangerous or aggressive animal if a chicken is off the owner's property.
[Added 3-12-2024 by Ord. No. 1422]
A. 
There shall be no audio emitted from fuel pumps or electric vehicle supply equipment (EVSE) except for the store communication system.
B. 
Any proposed use shall have a driveway entrance located within 600 feet of a highway interchange or a parcel that abuts a state road and has direct access to the state road for ingress and egress.
C. 
Building site shall not abut a residential district.
(1) 
The primary building shall be 300 feet from a residential district or any adjacent municipal border.
[Added 3-12-2024 by Ord. No. 1422]
A. 
EV charging (DC/fast charging) uses shall not reduce the number of required parking spaces required by the principal use.
B. 
Stations shall comply with the setback requirements associated with parking lots.
C. 
Any canopy or covers must meet setback requirements for the principal structure.