The provisions of this chapter shall be subject to such exceptions,
additions or modifications as herein provided by the following supplemental
regulations. (Note: these regulations may not be in alphabetical order.)
A.
Residential uses. Individual lots or parcels shall have no building
or buildings, in addition to the principal building on the same lot,
used for living purposes.
B.
Nonresidential uses. Where a lot or tract is used for a nonresidential
purpose, more than one principal building may be located upon the
lot or tract but only when such buildings conform to all open space
and yard requirements around the lot for the district in which the
lot or tract is located.
No living quarters, other than a game or recreational room,
shall be placed in a cellar structure or in any other room or space
having less than half its height (floor to ceiling) above the average
ground level as measured from front to rear of the structure.
In order to prevent the creation of a traffic hazard by limiting
visibility at a street intersection, no structure, building, earthen
bank, vegetation, accumulation of snow or other materials exceeding
three feet in height above the finished paved area at the center to
the roadway shall be allowed within the clear sight triangle on corner
lots. The clear sight triangle shall be a triangular area of unobstructed
vision on corner lots formed by a 100-foot sight line along the center
line of a secondary or primary road by a seventy-five-foot sight line
along the center line of a local street and by a line joining these
two sight lines at the greatest distance from their intersection.
Commercial equipment, including trucks (greater than one-ton
capacity), tandems, tractor trailers, school buses, tractors or other
commercial construction, earthmoving, or cargo-moving vehicles and/or
equipment, shall not under any conditions be stored or parked overnight
in any residential district. In Commercial and Industrial Districts,
such vehicles and/or equipment shall not be parked overnight or stored
on any public thoroughfare or right-of-way. Farm tractors and other
related farm equipment are excluded from the above requirements for
residential districts.
No accessory building shall be constructed upon a lot until
the construction of the principal building has been actually commenced
and, except as provided elsewhere in this chapter, no accessory building
shall be used for residential purposes; provided, however, that one
residential unit for a caretaker may be permitted in conjunction with
any industrial establishment.
Subject to the following conditions, fences may be erected along
the boundaries of a lot.
A.
Fences, hedges or other plantings, structures or walls at street
corners shall not be located so as to interfere with the clear sight
triangle on corner lots. The height of such objects is restricted
to three feet within the clear sight triangle above the center line
of the adjacent road surface.
B.
In all residential districts and the Business-Community Shopping
District, fences may be erected to a height not exceeding six feet
where the opening between the materials used to construct the fence
represent less than 70% of the total surface area of the fence.
C.
Walls and fences shall be exempt from side and rear yard requirements
noted in the previous zoning districts. In existing developments,
walls and fences shall not be placed closer than one inch zero feet
to an adjacent property line. However, upon the submission of properly
executed joint maintenance easement agreements between adjacent property
owners, walls and fences may be placed on the property line. Such
agreements shall be reviewed and approved by the Zoning Administrator.
In the case of new subdivisions or land developments where walls and/or
fences are contemplated or proposed as part of the architectural design
(to serve as privacy screens and/or decorative separations between
individual properties), a five-foot maintenance easement shall be
required on either side of the wall or fence.
No lot or premises shall be used as a storage area for junk
vehicles, appliances or the storage or collection of any other miscellaneous
items unless permitted under the "I" Industrial District. Also, no
lot or premises shall be used as a garbage dump or a dead animal rendering
plant, nor shall any manure, rubbish or miscellaneous refuse be stored
in the open within any district where the same may be construed as
a menace to the public health or safety.
A.
Public, semipublic or public services buildings, hospitals, public
institutions or schools, when permitted in a district, may be erected
to a height not exceeding 60 feet, and churches or temples may be
erected to a height not exceeding 65 feet if the building is set back
from each yard line at least one foot for each additional two feet
of building height above the height limit otherwise provided in the
district in which the building is located.
B.
Special industrial structures such as cooling towers, elevator bulkheads,
fire towers, tanks, water towers which require a greater height than
provided in the district may be erected to a greater height than permitted
providing:
C.
The height limitations of this chapter shall not apply to church
spires, belfries, wind energy conversion systems (WECS) and essential
service structures.
Household pets are limited to domesticated animals that normally
or can generally be kept within the immediate living quarters of a
residential structure. Any members of the swine (except for one miniature
swine, commonly known as a "pot-bellied pig," kept within the residence),
sheep, poultry, bovine or equidae family or quadrupeds, members of
the crocodilia or alligators, or reptiles having a venomous or constrictor
nature do not constitute a household pet under any provision of this
chapter.
All junkyards existing at the effective date of this chapter,
within one year thereafter, and all new junkyards, where permitted,
shall comply with the following provisions:
A.
No junk materials, appurtenant structure or other enclosure shall
be stored or placed within 25 feet of any adjoining property or public
right-of-way and such setback area shall be kept free of weeds and
scrub growth unless the adjoining property is wooded.
B.
Any junkyard shall be completely enclosed with a visual screen of
evergreen or evergreen-type hedge or tree row of a variety and size
at the time of planting that such will attain a height of eight feet
within three years thereafter and maintained in a sound and attractive
manner.
C.
All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water and with no junk
piled to a height of more than six feet.
D.
No oil, grease, tires, gasoline or other similar material shall be
burned at any time and all other burning shall be attended and controlled
at all times.
E.
Any junkyard shall be maintained in such a manner as to cause no
public or private nuisance, nor to cause any offensive or noxious
sounds or odors, nor to cause the breeding or harboring of rats, flies
or other vectors.
A patio is defined as a portion of a structure which may or
may not be partially or totally enclosed by a roof and one or more
walls. A patio constructed at grade level and with no roof or walls
may extend into any required yard space. However, at any point in
the future, only that portion of the patio that is within the required
building setback lines may be enclosed by applying for a building
permit.
[Amended 9-19-2018 by Ord. No. 2010-200-19]
Where permitted, private swimming pools and temporary swimming
pools, including aboveground and in-ground pools, shall comply with
the following conditions and requirements:
A.
"Temporary swimming pool" is defined as a swimming pool that is taken
down annually.
B.
The pool is intended and is to be used solely for the enjoyment of
the occupants of the property on which it is located.
C.
Temporary swimming pools and private swimming pools may be located
only in the rear yard or side yard of the property on which it is
an accessory use.
D.
Temporary swimming pools do not require a zoning permit; building
permit is required, per state law.
Trailers, as defined within the terms of this chapter, and including
travel trailers, pickup coaches, motorized homes and boat trailers,
may be parked or stored subject to the following requirements:
A.
Major recreational equipment, as defined for purposes of this chapter,
includes travel trailers, pickup campers or coaches, motorized dwellings,
tent trailers, boats and boat trailers and the like and cases or boxes
used for transporting recreational equipment, whether occupied by
such equipment or not.
B.
Occupancy. No such equipment shall be used for living, sleeping or
housekeeping purposes except as provided for under the following conditions:
(1)
Travel trailers, pickup campers or coaches, motorized dwellings
and tent trailers may be temporarily parked and occupied for sleeping
purposes only by visitors and house guests in accordance with the
following provisions.
C.
Permanent parking and storage of camping and recreational equipment.
Permanent storage of such equipment shall be permitted in any zoning
district, provided parking of the unit conforms with all applicable
yard setback requirements of the zoning district.
D.
Spacing. Major recreational equipment six feet or more in average
height above the ground shall be governed as to spacing with respect
to buildings on the lot as though it were a building.
E.
Lot coverage. Major recreational equipment six feet or more in average
height shall be included on the same basis as buildings for regulations
of lot coverage by all buildings with area covered computed on the
basis of the largest horizontal area covered by such equipment.
F.
Derelicts. No major recreational equipment shall be stored out of
doors on residential premises unless it is in condition for safe and
effective performance of the function for which it is intended or
can be made so at a cost not exceeding the value of the equipment
in its existing state. In no case shall any such equipment be so stored
for a period of more than six months if not in condition for safe
and efficient performance of the function for which it is intended.
Notwithstanding the limitations imposed by any other provisions
of this chapter, the Zoning Administrator may permit erection of a
structure on any lot of record separately owned or under contract
of sale and containing, at the time of the passage of this chapter,
an area or a width smaller than that required in this chapter. In
no case shall any structure be permitted within 10 feet of a lot line
as measured at the building line.
[Amended 3-18-2020 by Ord. No. 2010-200-21]
Only the following uses are permitted temporarily (a period
of not more than two consecutive months per calendar year or an open
active zoning and/or building permit).
A.
Christmas tree sales in commercial districts.
B.
Carnival, circus and street fairs in commercial or industrial districts.
C.
Mobile amusement and lighting equipment for promotion, advertisement
and grand openings in Commercial and Industrial Districts.
D.
Addition of storage pods and storage containers.
E.
Addition of carports and soft-sided structures (see definition for
"temporary structures").
F.
Addition of dumpsters: shall not park dumpster in road or right-of-way.
A.
All yards required to be provided under this chapter shall be unobstructed
by any building or structure except for accessory buildings in the
rear and side yards and fences.
B.
The following may project into the required yards as established
in this chapter:
(2)
Open or lattice enclosed fire escapes, fireproof outside stairways
and balconies opening upon fire towers and the ordinary projection
of chimneys and flues into the rear or side yard not exceeding 3 1/2
feet in width and placed so as not to obstruct light or ventilation.
(3)
Sills, eaves, belt courses, cornices and ornamental features
not exceeding two feet in width.
C.
The front yard requirements heretofore established shall be adjusted
in the following cases:
(1)
Where 40% or more of the frontage on one side of a street between
two intersecting streets is developed with buildings that have observed
(with a variation of five feet or less) a front yard greater in depth
than herein required, new buildings shall not be erected closer to
the street than the front yard so established by the existing buildings.
(2)
Where 40% or more of the frontage on one side of a street between
two intersecting streets is developed with buildings that have not
observed a front yard as described above, then:
(a)
Where a building is to be erected on a parcel of land that is
within 100 feet of existing buildings on both sides, the minimum front
yard shall be a line drawn between the two closest front cornices
of the adjacent structures on the two sides.
(b)
When a building is to be erected on a parcel of land that is
within 100 feet of an existing building on one side only, such building
may be erected as close to the street as the existing adjacent building.
D.
Irregular lots. Where any main wall of a structure located on any
irregular shaped lot does not parallel the lot line which the wall
faces, the yard or minimum distance to the lot line at every point
shall be at least equal to the minimum dimension required for the
yard or distance to the lot line.
All auto wrecking, junk and scrap establishments shall meet
the following regulations in addition to the specific district regulations
in which such use(s) may be located.
A.
No material shall be placed in any establishment in such a manner
that it is capable of being transferred off the premises by wind,
water, or other natural cause.
B.
No material shall be placed within the front, side, or rear yard
setback area. All yard setback areas shall at all times be clean,
vacant, and well maintained. All unpaved yard setback areas shall
be covered with grass or similar vegetative material.
C.
All paper, cloth and rags, and other fibers, and activities involving
the same, other than loading and unloading, shall be within fully
enclosed buildings.
D.
All materials and activities not within fully enclosed buildings
shall be surrounded by a masonry or metal fence or wall at least six
feet in height. Such fence shall be completely sight obscuring and
maintained in good condition. No fence may be permitted in any yard
setback area. Any gate in a fence shall be similarly constructed and
maintained and shall be kept securely locked at all times when the
establishment is not in operation.
E.
The establishment shall at all times be maintained in such a manner
as to prevent:
F.
All gasoline and oil shall be drained from any junked motor vehicle
into containers and stored at only one location on the premises. No
more than 20 gallons in aggregate shall be stored aboveground.
G.
No burning shall be permitted on the premises except in suitable
containers. Fire hazards shall be minimized by the segregation of
combustible from noncombustible materials, and the provision of adequate
aisles for escape and firefighting equipment.
H.
The storage of material shall no exceed 10 feet in height.
I.
The manner of storage and arrangement of junk and the drainage facilities
of the premises shall be such as to prevent the accumulation of stagnant
water.
J.
Every structure erected upon the lot after the effective date of
this chapter shall be of fireproof construction.
A.
The keeping of horses as pets or livestock for personal use is permitted
in the "R-1" and R-2 Districts, provided:
B.
The keeping of hens for personal use is permitted in the Residential
Districts ("R-1," "R-2A," "R-2B," "R-3"), Village and Lakefront Districts,
provided:
[Added 9-20-2017 by Ord.
No. 2010-200-16]
(1)
The lot contains a minimum of two acres.
(2)
The limit of hens is set at 10 hens per premises.
(3)
Chickens must be secure on property.
(4)
Structures such as a hen coup must be a minimum of 75 feet from
rear and front property line and 50 feet from side property lines
or 50 feet from occupied structure with a minimum of 25 feet from
side property line, whichever is greater.
[Added 7-21-2021 by Ord.
No. 2010-200-28]
A.
Purpose. The purpose is to provide for the construction and operation
of solar and wind energy facilities in Harborcreek Township, subject
to reasonable conditions that will protect the public health, safety,
and welfare.
B.
ACCESSORY SOLAR ENERGY SYSTEM
EASEMENT
FACILITY OWNER
GLARE
HUB HEIGHT
MEDIUM VOLTAGE CABLE
NONPARTICIPATING LANDOWNER
OCCUPIED BUILDING
OPERATOR
PHOTOVOLTAICS (PV)
POWER SWITCHYARD
PRINCIPAL SOLAR ENERGY SYSTEM
SMALL WIND TURBINE
SOLAR ENERGY
SOLAR-RELATED EQUIPMENT
(1)
(2)
(3)
(4)
TURBINE HEIGHT
WIND ENERGY CONVERSION SYSTEM (INTENDED FOR COMMERCIAL USE)
WIND TURBINE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Referred to as "ASES" and intended as personal use, an accessory
solar energy system is an accessory to a principal residential or
commercial use (secondary to the principal use). An area of land or
other area used for a solar collection system principally used to
capture sunlight, convert into electricity by photovoltaics (PV) or
thermal power and supply those converted energies for on-site purposes
as an accessory to the principal use. An accessory solar energy system
that includes ground-mounted and related equipment and all structures
on property shall not exceed the maximum lot coverage of the zoning
district within which it is located.
An easement means a right, expressed as an easement, restriction,
covenant, or condition contained in any deed, contract, or other written
instrument executed by or on behalf of any landowner for the purpose
of assuring adequate access to direct sunlight for energy systems.
The entity or entities having an equity interest in the energy
facility, including their respective successors and assigns.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blades are attached.
34.5 kV lines which provide electricity to homes/structures.
Any landowner except those on whose property all or a portion
of an energy facility is located pursuant to an agreement with the
facility owner/operator.
A residence, school, hospital, church, public library or
other building used for public gathering that is occupied or in use
when the permit application is submitted.
The entity responsible for the day-to-day operation and maintenance
of the energy facility.
A technology that converts light directly into electricity.
Structure needed to tie the solar energy facility to electric
transmission.
Referred to as PSES and intended for commercial, profit use,
principal solar energy system is an area of land or other area used
for a solar collection system principally used to capture sunlight,
convert into electricity by photovoltaics (PV) or thermal power and
supply those converted energies for off-site purposes as the principal
use to the property. Principal solar energy system consists of one
or more freestanding ground- or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures.
Intended for personal use, a wind turbine (small) is an accessory
to a principal residential or commercial use to solely be used to
generate power (without regard to any excess power generated going
to a power grid). The development (includes all structures and turbines)
shall not exceed the maximum lot coverage of the zoning district within
which it is located.
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
Items, including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures, used for or intended to be used for collection
of solar energy.
SOLAR CELLSmallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEGrouping of solar cells with the purpose of harvesting solar energy.
SOLAR PANELPart or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water and/or for electricity.
SOLAR ARRAYPart or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is convert solar energy for use in space heating or cooling, for water and/or for electricity.
|
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
An electric generating facility whose main purpose is to
supply electricity and consists of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines, and other appurtenant
structure/equipment. Its sole purpose is for the sale and distribution
off site of available energies.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any,
 |
C.
Permitted use. Accessory solar energy systems (ASES) and small wind
turbines are permitted in all zoning districts as defined below:
(1)
Accessory solar energy systems (ASES), as defined in § 490-128B, shall comply with the following:
(a)
Rear and side yard setback of 10 feet and front yard setback
of the zoning district within which it is located for ground-mounted
facilities.
(b)
Any energy facilities and related energy equipment shall be
placed in such a way that any glare does not project onto nearby structures
or roadways.
(d)
Does not require a zoning permit.
(2)
Small wind turbines, as defined in § 490-128B, shall comply with requirements listed below. Small wind turbines require a zoning permit with the accompanied documentation listed below:
(a)
Construction plans prepared by a registered engineer showing
the location of the proposed tower and related equipment, the type
of materials used to construct the tower or pole on which the wind
conversion system will be mounted, all manufacturer's data relative
to the complete operational characteristics of the wind turbine, including
but not limited to safety and performance standards and/or characteristics,
and noise characteristics, etc.
(b)
All towers or poles shall be set back a minimum distance of
1.25 times the total height of the tower or pole and all equipment
mounted thereon from all adjacent property lines. The total height
shall include the height of any structure that a tower or pole is
mounted on if it is not mounted directly at ground level.
(c)
All towers or poles shall be enclosed by a six-foot fence with
a lockable entry. Also, the climbing apparatus for the tower or pole
shall stop 12 feet above the ground level.
(d)
Wind turbine operations shall not cause interference to television
or radio reception on neighboring properties. The Township reserves
the right to suspend and/or rescind the zoning permit if such interference
becomes evident and is a nuisance to neighboring property owners.
(e)
Wind turbine operations shall not cause unreasonable noise that
would be objectionable to and detract from adjacent properties. The
Township reserves the right to suspend and/or rescind the zoning permit
if, in its opinion, the noise characteristics and/or levels generated
by a particular turbine or related equipment are unreasonably loud
and pose an undesirable nuisance to neighboring properties. Noise
beyond that of the standard performance sound.[2]
[2]
Editor's Note: So in original.
(f)
Wind turbine operations shall not constitute an undue safety
hazard to neighboring properties due to repeated failure and/or breakage
of the rotor blade(s). If, in the opinion of the Township, such a
safety hazard and/or nuisance exists, they reserve the right to suspend
and/or rescind the zoning permit until the safety hazard(s) have been
corrected to the satisfaction of the Township.
D.
Conditional use. Principal solar energy system and wind energy conversion
system facilities are permitted conditional uses in the Industrial,
Agricultural and "PU" Zoning Districts in accordance with the following
requirements and conditions:
(1)
Applicant, facility owner, and/or operator shall be required
to submit a project narrative describing the overview of the project,
project location, approximate generating capacity, the number of solar
panel or wind turbines and their locations, representative types and
heights of facilities and/or wind turbines to be constructed, including
their generating capacity, dimensions, and respective manufacturers
and description of any ancillary facilities to the energy system.
(2)
A conceptual and/or sketch plan shall be submitted that includes
identifying properties on which the energy facility will be located
and adjacent properties, property lines, setback lines, access road
and turnout locations, locations of substation and cabling and/or
transmission lines and location and descriptions of any appurtenant
structures, equipment, and/or supplies.
(3)
All on-site utility transmission lines and plumbing shall be
placed underground.
(4)
Provide the Township written confirmation that the public utility
company to which the energy facility will be connected has been informed
of the customer's intent to install a grid connection system.
(5)
If the principal solar energy system and/or wind energy conversion
system facilities are located on property that is not owned by the
applicant/facility owner/operator, a lease agreement is required upon
submission of conditional use application for the duration of the
energy facility operations.
(6)
All necessary leases, easements or other agreements between
the energy facility developer and property owner(s) must be recorded
at the Erie County Recorder of Deeds and in place prior to commencing
construction of the energy facility. A recorded copy is required to
be submitted to the Township.
(7)
Other relevant studies, reports, certifications and approvals
as may be reasonably requested by the Township to ensure compliance
with this chapter and such permits as are required by applicable state
or federal law, rule or regulations.
(8)
The design of the principal solar energy system and wind energy
conversion system shall conform to applicable industry standards.
(9)
Noise standards/shadow flicker/glare.
(a)
Audible sound level shall not exceed 60 decibels from any property
lines.
(b)
The facility owner and/or operator shall make reasonable efforts
to minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
(c)
Any energy facility and related energy equipment shall be placed
in such a way that any glare does not project onto nearby structures
or roadways.
(10)
Signal interference. The facility owner and/or operator shall
make reasonable efforts to avoid any disruption or loss of radio,
telephone or similar signals, and shall mitigate any harm caused by
the energy facility.
(11)
Security requirements.
(a)
A fence shall be installed around the perimeter of the solar
farm and shall not exceed eight feet in height.
(b)
Location of fence is to be inside of the greenspace.
(c)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
(d)
Electrical cabling. Any medium voltage cable within the boundary
of energy facility shall be installed underground, with the exception
of the power switchyard or within a substation. All electrical interconnections
and distribution components shall comply with all applicable codes
and public utility requirements.
(e)
Energy facility lighting that are within air safety are required by the Federal Aviation Administration to comply with their regulations as well as the Township's Airport Hazard Ordinance (see Chapter 120, Airport Zoning, in the Code).
(f)
A clearly visible warning sign concerning voltage and/or any
harmful equipment must be placed at eye level of the equipment and/or
structure and must remain legible throughout the operation of facility.
(g)
All access doors to energy facility electrical equipment and/or
substations shall be locked or fenced, as appropriate, to prevent
entry by nonauthorized persons. A Knox-Box® is required prior to issuance of certificate of occupancy, per Township Ordinance No. 04-185-1 (see § 180-3D and F of the Code).
(h)
For wind turbines, turbines shall not be climbable up to 15
feet above ground surface.
(12)
Greenspace screening.
(a)
Evergreen plantings must be installed around the site perimeter.
Where natural forest vegetation (having a similar obscuring effect
to the evergreen buffer) exists, this can be considered as fully or
partially meeting the requirement. Evergreen buffer must be at least
six feet in height when planted and grow to a height of 15 feet within
five years. One evergreen planting shall be planted every 30 linear
feet.
(b)
The landscaping greenspace shall meet the requirements of Chapter 405, Subdivision and Land Development, of the Code.
(c)
An alternative screening can be considered by the Planning Commission
and Board of Supervisors.
(13)
Use of public roads:
(a)
The applicant/facility owner/operator shall identify all state
and local public roads to be used within the Township to transport
equipment and parts for construction, operation or maintenance of
energy facility.
(b)
The applicant shall secure a highway occupancy permit through
the Township Engineer and comply with the permit regulations.
(14)
Decommissioning.
(a)
The Energy Facility and all related equipment shall be removed
within 12 months of the date when the use has been discontinued or
abandoned by system owner and/or operator, or upon termination of
the useful life of same, at its expense.
(b)
The owner shall be presumed to have discontinued or abandoned
the use if no electricity is generated by such solar collector for
a period of 12 continuous months.
(c)
Owner is required to notify the Township immediately upon cessation
or abandonment of operation.
(d)
The owner/developer shall have 12 months in which to dismantle
and remove all energy related equipment and components, including,
but not limited to, structures, turbines, panels, cabling, electrical
components, roads, foundations, and other associated facilities on
the property.
(e)
The owner/operator shall submit decommissioning funds in the
amount equal to net decommissioning costs as security for compliance.
The Township Engineer will determine the estimated cost of decommissioning
of wind turbines and/or any related structures and/or ancillary equipment
which will be submitted to the developer in the engineer's review
letter.
(f)
The decommissioning financial security shall be posted with
a bonding company or federal- or commonwealth-chartered lending institution
chosen by the party posting the financial security, provided said
bonding company or lending institution is authorized to conduct business
within the commonwealth.
(g)
Such bond or other security shall provide for, and secure to
the public, the decommissioning of wind turbines and/or any related
structures and/or ancillary equipment.
(h)
If the owner/developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the municipality and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the municipality and the applicant or developer. (Being consistent with § 405-16G.)
(i)
The decommissioning funds shall be submitted to the Township
prior to the recording of the land development plan.
E.
Specific principal solar energy systems (PSES) conditions:
(1)
Lot size. Shall have a minimum lot size of 25 acres.
(2)
Height requirements.
(a)
Solar panels shall not exceed 14 feet (includes the rotation
of solar panels to maximize exposure to sunlight throughout the day).
(b)
The power switchyard (structure that is connected to the solar
energy facility to electric transmission lines) is limited to the
height needed to tie into the electric transmission lines.
(c)
Lightning rods attached to the power switchyard or solar-farm-related
equipment shall not be subject to the height limitations. The height
of lightning rods shall be limited to that height necessary to protect
the power switchyard and solar farm equipment from lightning.
(d)
All other building structures shall meet the height requirements
of that zoning district in which the facility is located.
(3)
Setback requirements. Solar energy facilities and related structures
and components shall meet the minimum setbacks:
F.
Specific wind energy conversion system (commercial use) conditions:
(1)
Lot size. Shall have a minimum lot size of 40 acres.
(2)
Height. Height limits are subject to applicable Federal Aviation Administration (FAA) regulations regarding objects affecting navigable airspace and comply with Chapter 120, Airport Zoning, of the Code. The applicant shall provide acknowledgment from the FAA that such request indicating height of the wind energy system does not adversely affect the airspace of local airports.
(3)
Setbacks.
(a)
Wind turbines shall be set back from all property lines not
less than 2.5 times the height of the turbine. The setback is measured
from the center of the wind turbine base to the property line.
(b)
Setbacks on nonparticipating properties. Wind turbines shall
be set back from the property line(s) when abutting a nonparticipating
(nonlessee) property owner not less than five times the height of
turbine.
(c)
Public roads. Wind turbines shall be set back from the nearest
public road a distance of not less than two times the turbine height,
as measured from the right-of-way line of the nearest public road
to the center of the wind turbine base.
(d)
Liability insurance. There shall be a valid general liability
policy that covers bodily injury and property damage with limits of
(at a minimum) $1,000,000 per occurrence; a copy of the liability
insurance must be submitted to the Township prior to issuance of a
zoning permit, naming Harborcreek Township as additional insured.
G.
Once the conditional use application is approved, the applicant shall
submit a land development plan for review to the Planning Commission
and Board of Supervisors.
[Amended 3-18-2020 by Ord. No. 2010-200-21]
The number of accessory buildings, such as sheds, carports,
pergolas, gazebos and picnic shelters/pavilions with less than 120
square feet of floor, shall be limited to one such structure per premises
without a zoning permit. The placement of accessory structures of
less than 120 square feet is a minimum of five feet from rear and
side property lines and shall not be placed in an easement. Second
accessory structures (any size) and larger than 120 square feet structures
require a zoning permit and placement of the structure must meet the
setback requirements within the district in which it is placed.
A.
In any single-family unit occupied by a family, as defined in Subsection A of the definition of "family," § 490-13, a family can have no more than one additional boarder, who need not be related by blood or marriage. Said boarder shall occupy a room for sleeping purposes only and not for eating or preparing of food.
[Added 5-18-2016 by Ord.
No. 2010-200-13]
A.
The following regulations shall apply to all nontower wireless communications
facilities located within the Township:
(1)
Permitted in all zoning districts subject to regulations. Nontower
WCFs are permitted in all zoning districts subject to the restrictions
and conditions prescribed below and subject to applicable permitting
by the Township.
(2)
Essential communications tower/antenna. The essential communications
tower/antenna is permitted in all zoning districts.
(3)
Prohibited on certain structures. Commercial nontower WCFs shall
not be located on single-family detached residences, single-family
attached residences, or any accessory residential structure.
(4)
Nonconforming wireless support structures. Nontower 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.
(5)
Standard of care. Any nontower 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 of any person or any property in the Township.
(6)
Wind. All nontower WCF structures shall be designed to withstand
the effects of wind 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-222-E, as amended).
(7)
Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety and Chapter 120, Airport Zoning, of the Code.
(8)
Public safety communications. No nontower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(9)
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emission
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.
(10)
Removal. In the event that use of a nontower 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 WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(11)
Insurance. Each person that owns or operates a nontower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the amount of $1,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the nontower WCF, naming the owner of the real
estate where the facility is located as an additional insured, and
naming Harborcreek Township as an additional insured.
(12)
Indemnification. Each person that owns or operates a nontower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees,
and agents at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees, or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance,
repair, or removal of the nontower WCF. Each person that owns or operates
a nontower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance, repair or removal of a nontower WCF. The obligation to
indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgements, medical bills, verdicts, settlements
or other payments for injuries or damages, reasonable attorneys' fees,
reasonable expert fees, court costs, and all other costs related to
the litigation or proceedings.
(13)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
The nontower 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.
B.
The following regulations shall apply to all co-located nontower
WCF that do not substantially change the physical dimensions of the
wireless support structure to which they are attached and/or fall
under the Pennsylvania Wireless Broadband Collocation Act (WBCA)[1]:
(1)
Permit required. Any applicant proposing the modification of
an existing tower-based WCF shall obtain a zoning permit from the
Township. In order to be considered for such permit, the WCF applicant
must submit a zoning permit application to the Township in accordance
with applicable permit policies and procedures.
(2)
Related equipment. Ground-mounted related equipment shall be
subject to the setback requirements of the applicable zoning district
for an accessory structure.
(3)
Timing of approval for applications that fall under the WBCA.
Within 30 calendar days of the date that an application for a nontower
WCF is filed with the Township, the Township shall notify the WCF
applicant in writing of any information that may be required to complete
such application. Within 60 calendar days of receipt of a complete
application, the Township shall make its final decision on whether
to approve the application and shall advise the WCF applicant in writing
of such decision. If additional information was requested by the Township
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the Township's
sixty-day review period.
(4)
Permit fees. The Township zoning permit fee as adopted by the
Board of Supervisors.
[1]
Editor's Note: 53 P.S. § 11702.1 et seq.
C.
The following regulations shall apply to all co-located nontower
WCFs that do substantially change the wireless support structure to
which they are attached or fall under the Pennsylvania Wireless Broadband
Collocation Act[2]:
(1)
Prohibited on certain structures. Commercial nontower WCFs shall
not be located on single-family detached residences, single-family
attached residences, or any accessory residential structure.
(2)
Permit required. Any applicant proposing any new construction
of a nontower WCF, or the modification of an existing nontower WCF,
shall first obtain a zoning permit from the Township. The zoning permit
application shall demonstrate that the proposed facility complies
with all applicable provisions in this chapter.
(3)
Historical buildings. No nontower WCF may be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, or is eligible to be so listed, or is
listed on the official historic structures and/or historic districts
list maintained by the Township, or has been designated by the Township
to be of historical significance.
(4)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this chapter. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(5)
Permit fees. The Township zoning permit fee as adopted by Board
of Supervisors.
(6)
Development regulations. Nontower WCFs shall be co-located on
existing structures, such as existing buildings or tower-based WCFs,
if possible, subject to the following conditions:
(a)
Such WCF does not exceed the lesser of a total maximum height
of 20 feet or the maximum height permitted in the underlying zoning
district. If the planned nontower WCF exceeds this height specification,
the WCF applicant shall obtain a variance.
(b)
In accordance with industry standards, all nontower WCF applicants
must submit documentation to the Township justifying the total height
of the nontower WCF. Such documentation shall be analyzed in the context
of such justification on an individual basis.
(c)
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall be subject to the height
and setback requirements of the applicable zoning district for an
accessory structure.
(d)
A security fence shall be a minimum of six feet in height and
a maximum of eight feet in height and 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.
(7)
Design regulations.
(a)
Nontower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township Zoning Administrator.
(b)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(8)
Removal, replacement, modification.
(a)
The removal and replacement of nontower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted
so long as such repair or upgrade does not increase the overall size
of the WCF or the number of antennas.
(b)
Any material modification to a wireless telecommunication facility
shall require notice to the Township and a supplemental permit approval
may be required if the Township determines that the modification is
material.
(9)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this chapter and any other
provisions found within the state or federal law. The Township and/or
its agents shall have the authority to enter the property upon which
a WCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
(10)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any nontower WCF for numerous factors, which include
but are not limited to visual impact, design, and safety standards.
[2]
Editor's Note: 53 P.S. § 11702.1 et seq.
[Added 5-18-2016 by Ord.
No. 2010-200-13]
In addition to the nontower WCF regulations set forth in § 490-131, above, the following additional regulations shall apply to all nontower wireless communications facilities located in the rights-of-way:
A.
Co-location/location. Nontower WCFs in the ROW shall be co-located
on existing poles, such as existing utility poles or light poles.
If co-location is not technologically feasible, the applicant shall
locate its nontower WCF on existing poles that do not already act
as support structures with the Township's approval.
B.
Design requirements.
(1)
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(2)
Antennas and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
C.
Time, place, and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all nontower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.[1]
[1]
Editor's Note: See 66 Pa. Code § 101 et seq.
D.
Equipment location. Nontower WCFs and accessory equipment shall be
located so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic or to otherwise create safety hazards to pedestrians
and/or motorists or to otherwise inconvenience public use of the ROW
as determined by the Township. In addition:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located in the ROW.
(2)
Any graffiti on the facility or on any accessory equipment shall
be removed at the sole expense of the owner within 10 days of notice
of the existence of the graffiti.
(3)
Any proposed underground vault related to nontower WCFs shall
be reviewed and approved by the Roads Superintendent. The Township
may hire any consultant(s) and/or expert necessary to assist the Township
in reviewing such proposed underground vault.
E.
Relocation or removal of facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
(1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(2)
The operations of the Township or other governmental entity
in the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency, as determined by the Township.
F.
Repair, replacement and/or removal of facilities and related equipment.
(1)
The owner of any WCF or related equipment located within the
ROW in the Township shall ensure that any damaged WCF or related equipment
is repaired, restored, and/or replaced within 60 days after damage
or casualty to the same is sustained.
(2)
The owner of any WCF or related equipment located within the
ROW in the Township shall give notice to the Township within 10 days
after such WCF and/or related equipment ceased being used or operational
and shall remove the same from the ROW at owner's sole expense
within 60 days after WCF and/or related equipment ceased being used
or operational.
G.
Inspections. The Township may inspect WCFs within a Township ROW
without any prior notice given.
H.
A propagation study evidencing the need for the proposed tower or
other communication facilities and equipment, a description of the
type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the WCF applicant,
the power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
I.
Documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety, as well as all applicable provisions in this section.
J.
Engineer inspection. A professional structural engineer, licensed
in the Commonwealth of Pennsylvania ("structural engineer") shall
provide to the Township a written certification and of the proposed
WCFs ability to meet the structural standards offered by either the
Electronic Industries Association or the Telecommunication Industry
Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the permitting process.
K.
Reservation of rights. In accordance with applicable law, the Township
reserves the right to deny an application for the construction or
placement of any nontower WCF for numerous factors which include,
but are not limited to, visual impact, design, and safety standards.
L.
Permit required. The applicant shall obtain a road occupancy permit.
[Added 5-18-2016 by Ord.
No. 2010-200-13]
The following regulations shall apply to all tower-based communications
facilities in the Township:
A.
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified, and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
B.
Notice. WCF applicant shall submit a land development application
demonstrating that the proposed facility complies with all applicable
provisions in this chapter and all supporting documents, including
but not limited to a stormwater management plan.
C.
Co-location and siting. 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 tower. The applicant shall demonstrate
that it contacted the owner of an existing tower within 2,500 feet
of the proposed tower and sought permission to install an antenna
and was denied for the following reasons:
(1)
The proposed antenna and related equipment would exceed the
structural capacity of the tower and its reinforcement cannot be accomplished
at a reasonable and/or market cost.
(2)
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
tower and the interference cannot be prevented at a reasonable cost.
(3)
Such existing towers do not have adequate location, space, access,
or height to accommodate the proposed equipment or to allow it to
perform its intended function.
(4)
A commercially reasonable agreement could not be reached with
the owner of such tower.
D.
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining a zoning permit.
E.
Permit required for modifications. Any applicant proposing the modification
of an existing tower-based WCF which increases the overall height
of such WCF shall first obtain a zoning permit from the Township Zoning
Office. Nonroutine modifications shall be prohibited without a zoning
permit.
F.
Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage or capacity exists with
respect to all wireless operators in the applicable area and that
the type of WCF being proposed is the least intrusive means by which
to fill that gap in wireless coverage or capacity. The existence or
nonexistence of a gap in wireless coverage or capacity shall be a
factor in the Township's decision on an application for approval
of tower-based WCF.
G.
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind 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-222-E, as amended).
H.
Height. Any tower-based WCF, including tower, antennas, and related
equipment, shall not exceed a height of 200 feet. The equipment building
shall be subject to the height requirements of the applicable zoning
district for an accessory structure.
I.
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.
J.
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(1)
The tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(2)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
K.
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.
L.
Historical buildings. No tower-based WCF may be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, or eligible to be so listed, or is included
in the official historic structures and/or historic districts list
by the Township.
M.
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. No other signage shall be mounted on
the WCF, except as may be required or approved by the FAA, FCC, or
other governmental entity.
N.
Lighting. No tower-based WCF shall 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
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
O.
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 industrial performance standards in § 490-57.
P.
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety and Chapter 120, Airport Zoning, of this Code.
Q.
Retention of experts. The Township may hire any consultant(s) and/or
expert(s) necessary to assist the Township in reviewing and evaluating
the application for approval of the tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this chapter. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
R.
Timing of approval. WCF applicant shall submit a land development
application and all supporting documents, including but not limited
to stormwater management plan, applicable to Township subdivision
and land development procedures.[1]
S.
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter
damaged or destroyed due to any reason or cause may be repaired and
restored at their former location, but must otherwise comply with
the terms and conditions of this chapter.
T.
Removal. In the event that use of a tower-based WCF is planned to
be discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
(1)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the suite unless a time extension is approved by the Township.
(2)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(3)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approval all replacements of portions of a tower-based
WCF previously removed.
U.
Permit fees. WCF applicant, once approved through the land development
application process, shall submit a zoning permit application.
V.
FCC license. Each person that owns or operates a tower-based WCF
shall submit a copy of its current FCC license, including the name,
address, and emergency telephone number for the operator of the facility.
W.
Reservation of rights. In accordance with applicable law, the Township
reserves the right to deny an application for the construction or
placement of any tower-based WCF for numerous factors, which include,
but are not limited to, visual impact, design, and safety standards.
X.
Insurance. Each person that owns or operates a nontower WCF shall
provide the Township with a certificate of insurance evidencing general
liability coverage in the amount of $1,000,000 per occurrence and
property damage coverage in the minimum amount of $1,000,000 per occurrence
covering the nontower WCF, naming the owner of the real estate where
the facility is located as an additional insured, and naming Harborcreek
Township as an additional insured.
Y.
Indemnification. Each person that owns or operates a nontower WCF
shall, at its sole cost and expense, indemnify, defend and hold harmless
the Township, its elected and appointed officials, employees, and
agents at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees, or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance,
repair, or removal of the nontower WCF. Each person that owns or operates
a nontower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance, repair or removal of a nontower WCF. The obligation to
indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgements, medical bills, verdicts, settlements
or other payments for injuries or damages, reasonable attorneys' fees,
reasonable expert fees, court costs, and all other costs related to
the litigation or proceedings.
Z.
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional engineer licensed
in the Commonwealth of Pennsylvania.
AA.
Inspections. The tower-based WCF shall be inspected at the time of
construction and every two years thereafter by an expert who is regularly
involved in the maintenance, inspection and/or erection of the tower.
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 shall be provided to the Township. At the time said report
is provided to the Township, applicant shall pay a fee established
by the Board of Supervisors by resolution.
[Added 5-18-2016 by Ord.
No. 2010-200-13]
A.
Permitted in Industrial and "B-2" Business Interchange Zoning Districts.
Any tower-based WCF being proposing as a new tower, structure, or
any support structure is only permitted in the Industrial and "B-2"
Business Interchange Zoning Districts.
B.
Essential communications towers/antennas are permitted in all zoning
districts. This includes any new tower, structure, or any support
structure.
C.
Separation. Any new tower-based WCF must be a minimum of 2,500 feet
from an existing tower or approved tower location (permit issued but
not constructed).
D.
Setback requirements. Tower-based WCF shall comply with the following
setbacks:
(1)
The tower and antenna shall be set back a minimum of the height
of the tower and antenna from all property lines.
(2)
The tower and antenna shall be set back a minimum of the height
of the tower and antenna from all occupied structures.
(3)
The equipment building shall be subject to the setback requirements
of the applicable zoning district for an accessory structure.
E.
Design regulations.
(1)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(2)
To the extent any height extensions to an existing tower-based
WCF shall require prior approval of the Township.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antenna and comparable antenna for future users.
F.
Surrounding environs.
(1)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(2)
The owner of any tower-based WCF shall be responsible for maintaining
the parcel on which the WCF is located, including the cutting and
clearing of any vegetation, snow removal and maintenance of the access
driveway surface.
G.
Fences. All tower-based WCF, including towers, equipment buildings,
and any other related equipment, shall have a security fence surrounding
such structures at a minimum of six feet in height and a maximum of
eight feet in height. Gates shall be locked at all times except during
such times as the site is entered by authorized personnel.
H.
Landscaping. Landscaping shall be required to screen as much of the
ground-level equipment as possible; in general to blend in with the
existing surroundings. The Township may permit any combination of
existing vegetation, topography, walls, decorative fences, or other
features instead of landscaping if they achieve the same degree of
screening as the required landscaping.
I.
Accessory/related equipment.
(1)
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 in the definition of "stealth
technologies."
(2)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated.
J.
Access. Access shall be provided to the tower-based WCF, including
equipment buildings and any related supporting equipment, by means
of a public street or easement. The easement shall be a minimum of
20 feet in width and shall be improved to provide year-round access.
K.
Lighting. No signs or lights shall be mounted on a tower except as
may be required by the Federal Communications Commission, Federal
Aviation Administration or other governmental agency which has jurisdiction.
L.
Lease agreement. Copy of any lease agreement between the owner/operator
of the WCF and the owner of the real estate, if different, shall be
provided to the Township at time of land development submittal.
M.
Liability. The applicant shall submit a copy of its current Federal
Communications Commission license, the name, address and emergency
telephone number for the operator of the communications tower, and
a certificate of insurance evidencing general liability coverage in
the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
the communications tower and communications antennas, naming the owner
of the real estate where the facility is located as an additional
insured, and naming the Township as an additional insured.
N.
FCC license. The owner or operator of communications antennas shall
be licensed by the Federal Communication Commission to operate such
antenna.
P.
Inspections. The antenna support structure shall be inspected at
the time of construction and every two years thereafter by an expert
who is regularly involved in the maintenance, inspection and/or erection
of antenna support structures. 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 shall be provided to
the Township. At the time said report is provided to the Township,
applicant shall pay a fee established by the Board of Supervisors
by resolution.
In any business district designated as a Sidewalk District by
resolution of the Board of Supervisors, sidewalks shall be installed
along the abutting street(s) of any lot at the time any commercial
building is erected on said lot.
A.
Provisions of § 405-27A(6) of Chapter 405, Subdivision and Land Development, are incorporated herein by reference and shall control.
B.
When a commercial building is to be constructed pursuant to a land development or subdivision application, the estimated costs of sidewalk construction shall be included within the developer's financial security tendered in accordance with Chapter 405, Subdivision and Land Development, of the Code, and administered under that chapter.
C.
If the commercial building is not being constructed pursuant to a land development or subdivision application, the developer shall tender to the Zoning Administrator financial security in a form authorized in Chapter 405, Subdivision and Land Development, of the Code, in an amount equal to 110% of the estimated cost of construction as certified by a professional engineer. Such security shall be tendered prior to issuance of a zoning permit.
D.
Required sidewalks shall be constructed prior to occupancy of the
constructed building and prior to issuance of a UCC certificate of
occupancy.
E.
Failure to complete construction of required sidewalks within one
year after issuance of the zoning permit or prior to occupancy of
the constructed building, whichever first occurs, shall constitute
a default by the developer, in which event the financial security
tendered for construction of sidewalks shall be taken by the Township
and used to ensure the required sidewalk construction.
A.
Front yard setbacks.
(1)
Fuel pumps and canopies shall have a minimum front yard setback
of 75 feet.
(2)
For new land developments, accessory structures proposed in
conjunction with the machines, vending machines, etc., shall be approved
by the Board of Supervisors after recommendation by the Planning Commission
during land development review.
(3)
For existing developments, new accessory structures proposed
in conjunction with the existing use shall be reviewed by the Planning
Commission and approved by the Board of Supervisors. The Zoning Administrator
shall issue a zoning permit prior to the placement of the structure.
B.
Merchandise storage and display.
(1)
Merchandise shall not be placed on any sidewalk or at any location
that will reduce the number of parking spaces below the minimum required
by ordinance. Additionally, merchandise shall not obstruct vehicular
or pedestrian traffic patterns.
(2)
The Board of Supervisors must approve the location of all outside
merchandise display area after recommendation by the Planning Commission.
(3)
There shall be no outside merchandise storage trailers permitted
on the site except when utilized during the time of construction or
renovation for the temporary storage of merchandise or equipment.
[Added 4-6-2011 by Ord.
No. 2010-200-5]
Dwellings that are occupied by a family defined as handicapped
under the Fair Housing Amendments Act[1] shall be subject to the following requirements:
A.
License or certification. A license or certification shall be obtained
from the Commonwealth of Pennsylvania and/or the County of Erie as
is applicable prior to issuance of an occupancy permit.
B.
The use shall be allowed and continued use conditioned upon compliance
by the facility and its operations with all federal, state or local
laws, ordinances or regulations applicable to ownership and/or operation
of such facility.
C.
Provision shall be made to regulate or prohibit on-street parking
and/or require off-street parking suitable to the needs of the proposed
facility and consistent with that allowed within the particular district.
This authority shall extend to regulation of the location of off-street
parking to encourage retention of the existing character of the district.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
