Land situated in the CR, R1 or R2 Districts which is occupied by at least one Structure having a Gross Floor Area in excess of 7,000 square feet constructed for Public Building or Structure, Place of Worship/Assembly, institutional facility, Public or Private School and/or other nonresidential Uses which were Permitted Uses or otherwise lawful Uses when first established, and has been actively utilized for a nonresidential Use for not less than five consecutive years, and whose Use as such has ended may be used as a nonresidential facility for those Uses and purposes authorized in § 145-39B, subject to the specific criteria established in this Section and those general criteria for Uses by Special Exception set forth in this Chapter.
A.
To be entitled to consideration, the discontinued Use must have been
a permitted, nonconforming or otherwise lawfully established Use when
use of said Building(s) first commenced. This shall include Structures
and Uses which, under state, federal or local laws then existing could
at such time be lawfully constructed and established.
B.
Such land and Structure(s), upon the Zoning Hearing Board's
determination that all prerequisites, specific criteria and applicable
general criteria therefor have been met, may be used for the following
purposes:
C.
Word usage and definitions. For purposes of this Section, general definitions in § 145-11 of the Code shall apply. In addition:
(1)
"Community center" shall mean Premises offering social, educational,
recreational and other services for the benefit of youth, seniors
and other persons which is under the control of a public body, an
institutional body or a nonprofit corporation.
(2)
The Uses specifically authorized do not include any other Use which
is not expressly permitted or authorized in such Residential Zoning
District, and are expressly intended not to include any other Use
authorized in Commercial Zoning Districts and/or other Nonresidential
Zoning District. As an example, Professional Services shall not include
Hospitals, Clinics, diagnostic facilities, Personal Services or outpatient
emergency medical facilities. This Section does not authorize any
Use involving Drive-Through or like facilities for any Permitted Use.
D.
Specific criteria for use. An applicant for this Use on Special Exception
must establish that the application satisfies all of the following
specific criteria for the Use:
(3)
The applicant shall submit a trip generation report to the Township
Engineer for review and approval that compares the anticipated trip
generation of the proposed Use and that of the existing Use (or most
recently discontinued Use). Prior to approval, the Township Engineer
shall determine whether the report accurately demonstrates that the
proposed Use will not generate overall daily trips or peak hour trips
that exceed those of the existing Use (or most recently discontinued
Use) by more than 5%;
(4)
The application will meet, at a minimum, all existing regulations in this Chapter, Chapter 116, Stormwater Management, and Chapter 125, Subdivision and Land Development, governing such Use when located in the MU-1 District, as is practicable given the existing location of Structures and Lot boundaries;
(5)
The said Use(s) shall not be open to the public prior to 8:00 a.m.
or later than 6:00 p.m. on any day of the week;
(6)
No addition to the footprint or height of existing Structures shall
be permitted;
(7)
As is necessary or appropriate in the facts, the existing Structure's
exterior shall be preserved and/or maintained so as to be compatible
with the adjacent residential Uses;
(8)
Drive-Through Facilities shall not be permitted;
(9)
Traffic exiting from said Lot shall be directed solely toward the
nearest collector or arterial Street;
(11)
The Zoning Hearing Board may require such measures, in addition to those specified in § 145-39D as it deems necessary and appropriate to reduce impact of the Use on neighboring residential purposes, including, but not limited to, screening and Buffer Areas, exterior lighting, signage and traffic volume limitations as warranted in the facts of the appeal.
A.
No Adult-Oriented Use shall operate within 500 feet of the nearest
of the following: Property Line or Structure housing any existing
Adult-Oriented Use, Public or Private School, Hospital, residential
Use, Day-Care Center, Group Residence Facility, Place of Worship/Assembly,
libraries, and Recreational Facility, Public, as measured from the
nearest location of the Property Line or portion of the Structure
occupied by the Adult-Oriented Use.
B.
No property, Building or Structure shall be used for an Adult-Oriented
Use without being approved as a Conditional Use and issued a Certificate
of Occupancy for the proposed Use first being issued, and the Use
thereafter shall comply with the terms of the Conditional Use and
the issued Certificate of Occupancy.
C.
In addition to providing information required under any application
to the Township, the applicant must identify the owner(s) and/or lessee(s)
of the Premises and the Person(s) responsible for the management and
conduct of the Adult-Oriented Use.
D.
All Adult-Oriented Uses shall at all times comply with any applicable
statutes and regulations imposed on such Uses under the Pennsylvania
law, including but not limited to those established in 68 Pa.C.S.A. § 5501
et seq., as may be amended.
E.
Uses authorized under this Chapter shall not be deemed to include
activities including or fostering prostitution or other activities
declared to be violations of federal, Pennsylvania or Township laws
or ordinances.
F.
No more than one Sign shall be permitted; said Sign shall be a ground
or a Wall Sign.
G.
No Person operating an Adult-Oriented Use shall permit or cause to
be permitted the display or placement on the Building or Premises
of any document, stock-in-trade or other material of any nature which
depicts, describes or relates to specified anatomical areas and/or
specified sexual activities and may be viewed from a public Street,
highway, sidewalk or adjacent property.
H.
Any additional standards that are needed to protect public health,
safety and welfare or to address unique characteristics of a particular
site defined by the Township Supervisors shall be complied with by
the landowner, developer, operator and/or employees.
A.
Commercial livestock/Poultry Operations. Commercial Livestock/Poultry
Operations are a Permitted Use only within the CR District, subject
to the following:
(1)
All Buildings used for the housing of Livestock shall consist of
a solid concrete slab or slotted floor.
(2)
Minimum Lot size: 10 acres.
(3)
Minimum Setback requirements: 200 feet from the Property Line for
Buildings housing such Livestock/Poultry.
(4)
The owner/operator shall comply with all applicable state and federal
statutes and regulations.
B.
Farms.
(1)
Maximum permitted height: 85 feet for uninhabitable accessory farm
Structures and all other Structures (accessory or principal) shall
meet the maximum height in the zoning district for such Structures.
(2)
Minimum setback requirements.
(a)
Front Yard: 50 feet.
(b)
Side Yards: 50 feet on each side.
(c)
Rear Yard: 50 feet.
(d)
The Setback for uninhabitable accessory farm Structures shall
be no less 50 feet or the height of the Structure, whichever is greater.
(e)
No manure, garbage or spent compost, Structures for the raising
of Commercial Livestock/Poultry, or any Building housing Commercial
Livestock/Poultry Operations, shall be permitted within 200 feet of
any existing Dwellings on an adjacent Lot.
(f)
These Setbacks shall not apply to agricultural Fences that are
used to contain Livestock/Poultry. Such Fences shall be set back a
minimum of 10 feet from any adjoining Street Right-of-Way lines and
Property Lines.
C.
Noncommercial Keeping of Livestock. The Noncommercial Keeping of
Livestock is a permitted Accessory Use only within the CR District,
subject to the following criteria:
(1)
Livestock shall be permitted as an Accessory Use to a Single-Family
Dwelling, Detached. Livestock shall not be kept on Single-Family Attached
Dwellings, Duplexes, Multi-Family Dwellings, or in manufactured home
parks.
(2)
Minimum lot area: two acres.
(3)
The number of animals permitted per acre shall be at an animal density
of one per acre, with a maximum number of five animals.
(4)
Minimum setback requirements: 50 feet from the Property Line for
Structures or enclosures housing noncommercial livestock.
(5)
All Structures used to house noncommercial livestock shall be prohibited
from placement in the Front Yard for all properties less than five
acres.
(6)
All outdoor pasture/recreation areas and housing for the animals
shall be enclosed with fencing and roofing as necessary to prevent
the escape of the animals from the subject Lot and shall be set back
a minimum of 10 feet from any adjoining Street Right-of-Way lines
and Property Lines.
(7)
All animal wastes shall be properly stored and disposed. All animals,
their housing, and their outdoor pasture/recreation areas shall be
properly maintained.
(8)
All Noncommercial Keeping of Livestock must comply with all applicable
state and federal statutes and regulations.
(9)
All Noncommercial Keeping of Livestock must comply with minimum standards
of animal care as required by Pennsylvania law, 18 Pa.C.S.A. § 5531
et seq., regarding animal cruelty provisions.
(10)
Livestock Structures shall comply with the Building Height requirements
of the zoning district.
D.
Noncommercial Keeping of Chickens/Ducks. The Noncommercial Keeping
of Chickens/Ducks is a permitted Accessory Use in the CR District,
subject to the following:
(1)
Chickens/ducks shall be permitted as an Accessory Use to a Single-Family
Dwelling, Detached. Chickens/ducks shall not be kept on Single-Family
Attached Dwellings, Duplexes, Multi-Family Dwellings, or in manufactured
home parks.
(3)
All Buildings, coops and enclosures for birds must be in the Rear
Yard with a minimum Setback of 10 feet from rear and side Property
Lines and no closer than 30 feet to Dwellings on adjacent Lots.
(4)
Chicken/duck enclosures or Structures shall be constructed as to
prevent rodents from being harbored underneath or within the enclosure.
(5)
All outdoor pasture/recreation areas and housing for the animals
shall be enclosed with fencing and roofing as necessary to prevent
the escape of the animals from the subject Lot and shall be set back
a minimum of 10 feet from any adjoining Street Right-of-Way lines
and Property Lines.
(6)
No geese, turkeys, peafowl, or roosters, or any other Poultry may
be kept under the provisions of this Section.
(7)
Chickens/ducks shall be kept for personal use of the residents of
the subject Lot only. The selling of chickens, chicken manure, or
the breeding of chickens for commercial purposes is prohibited; provided,
however, this shall not be interpreted to limit the ability of the
property owner to sell or donate eggs produced on the property.
(8)
Killing or dressing of animals raised on the Premises shall be permitted
if conducted entirely within an enclosed Building and disposed of
properly.
(9)
All animal wastes shall be properly stored and disposed. All animals,
their housing, and their outdoor pasture/recreation areas shall be
properly maintained.
(10)
All Noncommercial Keeping of Chickens/Ducks must comply with
minimum standards of animal care as required by Pennsylvania law,
18 Pa.C.S.A. § 5531 et seq., regarding animal cruelty provisions.
(11)
All animal Structures and roaming areas shall be kept sanitary
and free from accumulations of animal excrement and objectionable
odor.
(12)
All animal feed shall be stored in a secured, rodent-proof container
and housed within an enclosed Structure.
E.
Where a Use under this Section is permitted subject to a minimum
Lot Area, a subdivision of a Lot shall terminate the Use permitted
by this Section if the remaining Lot no longer meets the minimum Lot
Area requirement.
A.
Bed-and-Breakfast Inns shall be limited to Single-Family Dwelling,
Detached with a minimum Lot size of 10,000 square feet as a Special
Exception in the following zoning districts: CR, R1, R2, MU-1, and
PI.
B.
The Bed-and-Breakfast Inn may be permitted if the Single-Family Dwelling,
Detached is the only Principal Structure on the Lot. No other Principal
Structures will be permitted on the Lot.
C.
No more than five bedrooms may be available or used for such Use
in any Building.
D.
Not more than one Ground Sign shall be permitted on the Lot. The
maximum permitted Sign area shall be 24 square feet.
E.
Service of meals shall be limited to overnight guests of the facility.
F.
The owner and/or manager of the facility shall reside therein.
G.
An overnight guest shall not occupy the facility for more than 14
consecutive nights in a thirty-day period.
H.
Means of ingress and egress to the Lot shall be from an arterial,
collector or connector Street only.
A.
Registration, Certification and Permit.
(1)
No beekeepers may own or maintain an apiary within the municipality
without first registering and maintaining a current Permit for all
apiaries with the Pennsylvania Department of Agriculture as required
by the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq.,
as amended.
(2)
A beekeeper owning or maintaining an apiary in the municipality shall
promptly notify the Zoning Officer within 72 hours if the Pennsylvania
Department of Agriculture revokes said apiary registration or if said
registration has lapsed.
(3)
No beekeeper shall own or maintain an apiary within the Township
without first obtaining a Permit from the Zoning Officer. An application
for a Permit or Permit amendment shall be made in writing and upon
such form or in such format as established by the Township, and shall
be accompanied by the prescribed Permit fee in the amount established
from time to time by resolution of the Board of Supervisors. The application
shall be accompanied by a Lot plan that includes the size of the Lot,
the location and number of hives, the location of each water source,
the distance of the hives to Property Lines, and, if required, the
location of flyway barriers.
(4)
A beekeeper who discontinues the owning or maintaining an apiary
in the Township shall promptly notify the Zoning Officer of the removal
and is required to remove the hive.
(5)
The application shall also be accompanied by written evidence that
the applicant has completed a Beekeeping educational course/program
with a minimum of eight hours of instructions or has a letter of validation
from an officer of the Pennsylvania State Beekeepers Association,
an officer of a local bee club or a certified Master Beekeeper or
such other evidence determined to be acceptable to the Zoning Officer.
(6)
Beekeepers that wish to own or maintain an apiary on property that
they do not own must include written permission from the property
owner or landlord that explicitly indicates that the beekeeper has
permission to own or maintain an apiary on the subject property. Such
written permission shall be supplied to the Township as part of the
Beekeeping Permit application.
B.
Location and Colony Density. Placement of an apiary on a residential
property shall conform to the following regulations to minimize and
eliminate any possible concerns to adjoining neighbors:
(1)
Hive Location and Density. Location of hives must comply with the
following criteria:
(a)
Hives shall not be located within 10 feet of any side or rear
Property Line unless a flyway barrier is in place or the hive(s) are
located at least 10 feet above grade.
(b)
Hives shall not be located within a Front Yard.
(c)
Hives shall not be located within 50 feet of a preexisting swimming
pool or a preexisting kenneled animal.
(d)
Apiaries are not permitted within 10 feet of any Buildings located
on adjacent properties.
(2)
Maximum Number of Hives.
(a)
No hives are permitted on a Lot with less than 2,000 square
feet of Lot Area.
(b)
For a property with a minimum of 2,000 square feet of Lot Area,
a beekeeper is permitted to keep two hives. For each additional 2,000
square feet of Lot Area, the beekeeper is permitted two additional
hives with up to six hives maximum.
(c)
Exceptions. A beekeeper may exceed these regulations under the
following conditions:
[1]
As part of normal honeybee colony management, a beekeeper may
also keep, in addition to allowable standard hives, for up to 45 days
between April 15 and August 15, two nucleus colonies per standard
hive, provided they are used for managing colony strength, to minimize
reproductive swarming, queen rearing or swarm capture.
[2]
For each allowed hive, a single nucleus hive may be kept from
August 16 to April 14 to allow a beekeeper to mitigate winter bee
losses.
[3]
Apiaries that are preexisting prior to enactment of this Chapter
shall comply with the registration requirements of this Chapter.
C.
Hive Type, Orientation and Maintenance.
(1)
All beekeepers shall comply with rules and regulations set forth
by the Pennsylvania Bee Law, 3 Pa. C.S.A. § 2101 et seq.,
as amended.
(2)
All beekeepers shall maintain their colonies consistent with the
Voluntary Best Management Practices for Maintaining European Honey
Bee Colonies in the Commonwealth of Pennsylvania as established by
the Pennsylvania Apiary Advisory Board.
(3)
Hive entrances shall face away from the closest neighboring property
and in such a direction that the bees fly across the beekeeper's
property at sufficient distance to gain a height of at least the six
feet at the Property Line. The use of barriers may be employed to
redirect the bees' flight pathway and establish bee flight pathways
above six feet. A flyway barrier shall be placed at least six feet
in height, shall be placed alongside of the hive(s) that contains
the entrance to the hive(s), shall be located within five feet of
the hive(s) and shall extend at least two feet on either side of the
hive(s). A flyway barrier shall consist of a Solid Fence, dense vegetation,
hedge, or a combination thereof. No flyway barrier is required for
hive(s) that are located greater than 10 feet from Property Lines.
(4)
Exceptions to Flyway Barrier. A flyway barrier is not required if
the property adjoining the apiary Lot Line is:
(5)
All beekeepers shall ensure that a convenient source of fresh water
is available to the bees from April 1 through November 1 each year,
with such water source being located closer to the apiary than any
other water source.
(6)
All beekeepers shall ensure that no bee comb or other materials that
attract honey bees are left upon the ground of the apiary site. Upon
removal from the apiary, all such materials shall be properly maintained
in a sealed container or placed within a Building or other bee-proof
enclosure, so long as bees are kept on the property.
D.
Inspection. If an inspection is required as a result of a nuisance
complaint or otherwise as deemed necessary by the Township, the Township's
designated representative will inspect the property to ensure compliance
with applicable Zoning Ordinance provisions.
E.
Nuisance. It shall be unlawful for any beekeeper to keep any hive
in such a manner as to cause any unhealthy condition or purposefully
interferes with the normal Use of adjoining properties. By way of
example, and not limited to, the following activities are hereby declared
a nuisance and therefore unlawful:
(1)
The use of receptacles for honey bees that does not comply with the
Pennsylvania Bee Law, 3 Pa. C.S.A. § 2101 et seq., as amended.
(2)
Hive placement and related bee movement such that the bees, without
provocation, interfere with the reasonable freedom of movement of
persons in a public Right-of-Way, or the location of bees has a proven
negative impact to the general safety, health, and welfare of the
general public.
A Use involving the Use as a Bottle Club, where authorized under
this Chapter, shall be located so as not to be less distant than 500
feet from the nearest Property Line of any other Bottle Club, Public
or Private School, Hospital, residential Use, libraries, Day-Care
Center, Group Residence Facility, Place of Worship/Assembly, and Recreational
Facility, Public.
A.
No Campground shall have an area of less than five acres.
B.
Maximum Density of Recreational Vehicle sites shall be 8.5 spaces
or units per developable acre of land.
C.
Campground minimum Lot Frontage shall be 40 feet.
D.
All Recreational Vehicle and appurtenances shall be located on the
Lot so as to provide not less than 14 feet clearance to any other
space, unit or Structure or to any service Building.
E.
Open space areas shall not be used for storage, parking of Vehicles,
habitation in tents or otherwise.
F.
Parks shall operate to provide occupancy and accommodations for Vehicles
and persons on a temporary basis only. Spaces may be leased or rented
for not more than one season, seasons being defined as involving either
the period from March 8 through November 30 ("summer season") or December
1 through February 28 ("winter season").
G.
During the period of December 1 through February 28, a Recreational
Vehicle may be occupied only at such times as the service Building
is open and operating.
H.
All parks shall be serviced by a sanitary sewage disposal system
which meets all of the following requirements:
(1)
Public systems. In areas having a public sewer system which is, in
the judgment of the Township, reasonably accessible to the park and
available for connection thereto, the developer shall provide the
park with a complete sanitary sewer system to be connected to the
public sanitary sewer system.
(2)
Private systems. In an area not having a public system, or within
an area having a public sewer system which is not reasonably accessible
to the park, the park shall be provided with one of the following
methods of sewage disposal:
(a)
A complete sanitary sewer system to convey the sewage to a treatment
(package plant), to be provided by the developer in accordance with
the requirements of the PaDEP and/or its agent the Erie County Department
of Health, with adequate provision for the maintenance of such plant.
(b)
A private sewage disposal system on individual Lots, consisting
of septic tanks and absorption fields when laid out in accordance
with minimum standards approved by the Erie County Department of Health
and/or PaDEP.
(3)
All Campgrounds shall comply with standards for sanitary sewage disposal
and water systems as established by PaDEP, including 28 Pa. Code § 19.6,
as may be amended.
I.
It shall be unlawful and a violation of this Chapter for any Person
to operate a Campground within the limits of Millcreek Township without
first applying for and obtaining a Permit issued by the Township.
(1)
Application for a Permit for the summer season shall be made by the
owner or operator of the park not later than March 1 and if issued,
the Permit shall be valid for the period of March 1 through November
30.
(2)
Application for a Permit for the winter season shall be made not
later than November 30 and, if issued, the Permit shall be valid for
the period of December 1 through February 28.
(3)
The Permit application fee shall be as established or amended by
resolution adopted by the Board of Supervisors.
(4)
A Permit shall be required to establish or enlarge a Campground.
At the time application is made to establish or enlarge such a Campground,
a plot plan shall be submitted showing complete layout, including
sanitary facilities and location and design of service Buildings.
All sites shall be assigned a number to be indicated on the plot plan
and on the site proper. No Recreational Vehicles shall be located
other than at a designated site.
(5)
It shall be unlawful and a violation of this Chapter for any Person
to modify or enlarge a Campground without first submitting to the
Township a plan depicting proposed changes and obtaining the Township's
approval of them.
J.
Recreational Vehicles shall be permitted only in Campgrounds which
meet the requirements of this Section. Occupied travel trailers, motor
homes, tents or camping Vehicles shall meet all of the requirements
specified below:
(1)
All Recreational Vehicles shall observe the Front Yard requirements
of the district and be located not less than 15 feet from a side or
rear Property Line of the Campground.
(2)
Any independent unit, which shall mean a unit containing sanitary
facilities and devices for connecting the facilities to a community
waste disposal system, situated in a Campground for more than seven
consecutive days shall be connected directly to the park's sewage
disposal system and water system.
(3)
No dependent unit, which shall mean a unit not containing sanitary
facilities and/or devices for connecting the facilities to a community
waste disposal system, shall occupy a site within the Campground if
said site is located more than 300 feet from a service Building. Occupants
of dependent units shall rely solely on the facilities furnished in
the service Building to meet their sanitary needs. The service Building
shall contain lavatories and flush toilets in separate restrooms for
each sex and shall be connected directly to the Campground's
water supply and sewer system. Whenever the Campground is open during
the months of December, January or February, the service Building
shall be heated to a temperature of not less than 65° F.
(4)
No Recreational Vehicle or appurtenance thereto shall be placed closer
than 20 feet to the center line of any driveway serving the Campground.
(5)
Recreational Vehicles shall be maintained at all times in a manner
acceptable for transportation on public highways in accordance with
the rules and regulations of PennDOT.
K.
Responsible persons.
(1)
The owner of a Campground is solely responsible for ensuring that
the park is lawfully established and operated in accordance with the
approved plan and Permits and the regulations of this Section.
(2)
The owner or occupant of a Recreational Vehicle is responsible for the Vehicle's compliance with the regulations set forth in Subsection J above.
(3)
The owner of the Campground and the owner or occupant of a Recreational
Vehicle shall be obligated to comply with this Section's provisions
pertaining to authorized Vehicles.
A.
Supplemental regulations within this Section do not apply to a Car
Wash, Accessory.
B.
All automated washing facilities shall be in a completely enclosed
Building. All other car washing facilities shall be under a roofed
Structure that has at least two walls.
C.
Car Wash facilities permitted in Commercial Zoning Districts shall
serve only automobiles and light trucks.
D.
Car wash facilities shall comply with all statutes and regulations
of federal, state and local governmental units and agencies, and the
operator must at all times hold such license(s) as are required by
state and federal agencies.
E.
The facility shall be serviced by the public sanitary sewer system
and drainage water shall be controlled so it does not flow or drain
onto berms, Streets or other property.
F.
The facility shall be designed to provide additional parking or Vehicle
stacking space to accommodate that number of Vehicles which can be
washed during a fifteen-minute period and also those being detailed
or cleaned on the Premises outside of washing bays or lines.
G.
When a Car Wash abuts a Residential Zoning District, the operation
of blowers and other power equipment aside from the wash operation
shall be prohibited after 9:00 p.m. and prior to 8:00 a.m. on all
days of every week.
H.
Where a Car Wash facility abuts property in a Residential Zoning
District, the Car Wash facility shall maintain such Buffer Yard and
planting strip as is required for properties in the C3 District. If
the Premises is located in a Commercial Zoning District or, if located
in an Industrial Zoning District, shall maintain such Buffer Yard
and planting strip as are required in that district.
A.
A Cemetery shall have access to an arterial or collector Street exclusively.
B.
The minimum Lot size shall be 20 acres with the exception of cemeteries
accessory to Places of Worship/Assembly.
C.
Burial sites shall comply with the Setbacks required for Principal
Structures in the district, and burial Structures shall not be located
within 100 feet of any Property Line adjoining residential Use or
Residential Zoning District.
D.
All maintenance equipment shall be stored in an enclosed Building
when not in use.
A.
Minimum Lot size shall be one acre.
B.
No combination of Structures and impervious surfaces including, but
not limited to, asphalt, gravel, or concrete paved areas for parking,
access driveways, pedestrian access walkways and rock-lined stormwater
detention facilities, shall exceed 40% of the Lot Area of site area
of the Lot or parcel upon which said improvements are installed.
C.
Shall be served by a public water and sanitary sewer system.
D.
Special Exception Specific Criteria: In instances where this Use
is designated as a Special Exception, applicants must also submit
a traffic study showing the impact of the Use on the neighborhood
and roadways, including parking.
A.
Window placement and design shall comply with Section 4(c.1)(6) of
the Pennsylvania Combustible and Flammable Liquids Act, 35 P.S. § 1244(c.1)(6),
which requires that fuel dispensing devices be in clear view of the
convenience store attendant at all times and that the dispensing of
fuel at each dispensing device shall be in clear view of the attendant,
and no obstacle shall be permitted between the dispensing operation
and the attendant so as to obstruct the view of the attendant. Windows
shall be clear of any Signs, merchandise, or other materials that
are an obstacle to the clear view of the attendant.
A.
The minimum Lot size shall be five acres with minimum frontage of
200 feet.
B.
Any Structures occupied by Correctional Facility residents shall
be located a minimum of 500 feet from the nearest Property Line of
any existing Dwelling or Residential Zoning District.
C.
Any Correctional Facility shall comply with all applicable license
requirements of the Commonwealth of Pennsylvania.
A.
A business established for cremation of human or animal remains shall
be located on property of not less than one acre.
B.
The Crematory cannot be constructed closer than 750 feet from an
existing Dwelling, Public or Private School or Day-Care Center. All
other district Setbacks from Property Lines shall also be maintained.
C.
Emission Standards. The Crematory shall comply with all federal and
state air emission standards.
D.
Emission control devices. The Crematory shall be equipped with all
emission control devices required by federal and state law, and shall
be operated in accordance with manufacturer's standards and in
compliance with all federal and state air emission permits.
E.
Continuous emission monitoring. The Crematory shall be equipped with
all required continuous emission monitoring equipment, which shall
be operated in accordance with the manufacturer's standards and
in compliance with all federal and state air emission permits, including
all recordkeeping requirements.
F.
All costs for monitoring shall be borne by the applicant. All operating,
monitoring and control equipment are subject to inspection at any
time by the Township following an occurrence of emission limit exceedance.
G.
Emission performance testing. The Crematory shall conduct initial
performance testing as required by all federal and state air emission
permits.
H.
Hours of operation. Operating hours shall be limited to 7:00 a.m.
to 7:00 p.m., Monday through Friday.
I.
The cremation unit shall be totally enclosed within a Building.
J.
The Crematory operator/owner shall provide the Township with copies
of all certifications necessary to operate the Crematory.
K.
The Crematory operator/owner shall provide prior to issuance of a
Building Permit a copy of any required federal or state permit(s).
In addition, the Crematory shall be operated in conformance with all
local, state, and federal laws.
L.
A Crematory may provide a room(s) for the private viewing of the
cremation by members of the deceased's family but may not be
used to conduct public or private Funeral Home services.
M.
Any additional standards or operational requirements that are needed
to protect the public health, safety and welfare or to address unique
characteristics of a site as defined by the Township Board of Supervisors
shall be complied with by the landowner and/or developer and Crematory
operator and owner.
A.
No activities involved in the exploration, production or mining for
natural resources shall commence until the owner and/or operator has
been issued the requisite federal and/or state permits and copies
of same have been delivered to the Township's Zoning Office at
least 24 hours prior to moving equipment on to the site.
B.
The applicant shall submit the following information to the Zoning
Officer:
(1)
Evidence of compliance with all state and federal laws applicable
to the process for which the Conditional Use Permit is sought.
(2)
A description of the character, timing, and duration of the proposed
operation, including maps and plans showing the area and extent of
the proposed activity, the location and design of all Structures,
depth of the drilling and/or excavation, areas for storage of soil
materials and waste, and facilities for processing, loading and transportation
of extracted materials.
(3)
A description of plans for the transportation of the extracted product,
including routes of travel, number and weight of Vehicles and measures
which will be taken to maintain all Roads within the Township which
are used to transport minerals and to repair any damages which may
result from the use of Roads for loads and volumes of traffic which
are in excess of their use by Vehicles associated with Permitted Uses
in the concerned district.
(4)
Plans for the restoration and reclamation of all land affected by
the extractive operation to a condition which will support agriculture
or other Uses which are permitted in the concerned district.
C.
All activities involved in the exploration, production or mining
for natural resources shall be limited to the hours of 7:00 a.m. to
11:00 p.m. and are not permitted at any other times of day.
D.
The performance standards contained in all Sections of this Chapter
shall be met.
E.
In deciding upon an initial application for extraction or processing,
the Board of Supervisors shall evaluate the impact of the proposed
activity upon adjacent areas and upon the community at large and shall
approve granting of a Permit only if they find that:
(1)
The scale, pace and duration of the proposed activity are reasonable
in relation to the ability of other portions of the community to maintain
normal patterns of activity while extraction activities are ongoing.
(2)
Adequate safeguards are provided to ensure that damage will not be
done to property elsewhere in the Township or to the natural environment.
(3)
The proposed plan for reclamation and reuse of land is acceptable.
If the proposed reclamation plan is for agriculture, Forestry or other
undeveloped Use, grading, drainage and vegetation must be compatible
with other such Use areas in the Township. If the proposed reclamation
is for development, the proposed development shall be in conformance
with the purposes and regulations of the district in which it is located.
F.
In deciding upon an application for any expansion or change in a
mining or processing application, the Board of Supervisors shall consider
all of the factors listed above and in addition shall grant a Conditional
Use Permit only if the following conditions are met:
(1)
The performance of the applicant to date has been in conformance
with all of the agreements made at the time of the initial Conditional
Use approval.
(2)
No expansion in area of a mining operation shall be permitted until
mining activities have been completed on an equivalent area of land
and the land shall have been graded and vegetation established in
accordance with the approved plan for reclamation of the site.
G.
In no case shall a Conditional Use Permit granted by the Board of
Supervisors extend to an area of land or mode of operation which is
larger or in any way different from the scope of permits issued concurrently
by state and/or federal permitting authorities for the same existing
or proposed mining or processing activity.
H.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties.
A.
All parking areas shall be designed for easy ingress and egress.
In no event shall Vehicles be required to back onto a public Right-of-Way
or Street.
B.
Drive-Through Facilities shall be set back from the Street with stacking
room for at least six Vehicles.
C.
There shall be a clear delineation between the Drive-Through Facilities
parking spaces and access drives. Street access and traffic restrictions
(i.e., "NO LEFT TURN") shall be clearly marked using approved signage.
D.
The Canopy shall be architecturally integrated with the Principal
Structure.
A.
The minimum Lot Area shall be 40,000 square feet.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector Street.
C.
All off-Street parking areas which adjoin a Residential Zoning District
shall be screened by a six-foot dense, compact evergreen hedge.
D.
Traffic circulation on the Lot shall be designed to minimize congestion
and provide for the lining up of Vehicles on the property without
obstructing the free flow of traffic on adjoining Streets or alleys.
E.
Special Exception Specific Criteria. In instances where this Use
is designated as a Special Exception, crematories are not permitted.
A.
No Street entrance or exit of a Public Garage shall be within 200
feet of a Street entrance or exit of any Public or Private School,
Day-Care Center, park or playground conducted for and attended by
children.
B.
In a Mixed Use District or the Presque Isle District, portions of
a Public Garage may be reserved solely for residential Use.
C.
At any Vehicle exit opening upon a Street a minimum of 15 feet of
unoccupied space shall be maintained between any gate or door and
the Right-of-Way line. The height of such open unoccupied space shall
be not less than 12 feet. There shall be a clear sight triangle located
between a point at the center line of the doorway and two points on
the Right-of-Way line which are to be located 12 feet on either side
of the extension of the center line of the doorway on the Right-of-Way
line.
A.
The Use shall not create greater vehicular or pedestrian traffic
than that which is normal for the residences in the neighborhood.
B.
All needs for parking generated by the conduct of a Home Occupation
shall be provided for on the Lot if the parking exceeds one hour.
C.
In instances where this Use is a Permitted Use or a Special Exception,
there shall be no display of merchandise available for sale on the
Premises; however, merchandise may be stored on the Premises for pickup
and/or delivery.
A.
Must at all times meet all elements of the term's definition as set forth in Article II of this Chapter as well as all criteria for the Use and any conditions imposed.
B.
The Dwelling in which the In-Law Apartment is being created must
be owner-occupied and the Dwelling Unit occupied by the owner must
be greater than 70% of the total living space, including the In-Law
Apartment. Living space of the In-Law Apartment shall not exceed 720
square feet or 40% of the principal Dwelling's total area, whichever
is less. For purposes of this Section, "living space" shall include
all of the Dwelling's area excluding that of any garage, while
"total area" shall include the garage and all other portions of the
Dwelling.
C.
Only one In-Law Apartment is allowed within any Single-Family Dwelling,
Detached.
D.
No more than two bedrooms shall be permitted.
E.
The In-Law Apartment may be located only within a primary Dwelling.
F.
Any addition or modification to the principal Dwelling to accommodate
an In-Law Apartment shall be architecturally integrated with the principal
Dwelling's Use as a Single-Family Detached Dwelling.
H.
The occupancy or rental of an In-Law Apartment by persons other than
in-laws as defined in this Chapter is expressly prohibited.
A.
The minimum site size shall be five acres.
C.
No garbage, organic waste, petroleum products or hazardous waste
shall be stored, buried, or disposed of on the site.
D.
The manner of storage of Junk shall be arranged in such a fashion
that aisles of a minimum width of 25 feet between rows of Junk are
maintained in order to facilitate access for firefighting and prevent
the accumulation of stagnant water. The proposed layout of the Junkyard
shall be indicated on the site plan submitted with the application.
E.
No Junk shall be stored or accumulated, and no Structure shall be
constructed within 50 feet of any Dwelling Unit or within 25 feet
of any other Lot Line or Right-of-Way of a public Street.
F.
The site shall be enclosed by a metal chain-link Fence not less than
eight feet in height supported on steel posts with self-latching gate.
G.
The Fence shall be supplemented with screening material which creates
a visual barrier that is at least 80% opaque.
H.
All site lines adjoining a residential or multi-family residential
Use or Residential Zoning District shall be protected by a Buffer
Yard.
I.
Township Supervisors may impose restrictions on access to the facility,
storage of Junk on the Premises, hours of operation and other such
matters as they deem necessary to ensure that there is not adverse
impact upon the functioning of the district or adjacent Lots.
J.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties.
A.
Any such facility must be licensed under the Pennsylvania Dog Law,
3 P.S. § 459-101 et seq., as amended.
B.
Any exterior Fenced area wherein animals exercise or are otherwise
exposed must be located a minimum of 150 feet from any Principal Structure
on adjacent Lots and all outdoor exercise areas shall be located at
least 50 feet from any Property Line.
C.
The perimeter of the exterior exercise area must be Fenced with a
weatherproof material, a minimum of five feet in height, accessible
only through a self-latching gate.
D.
Animals shall be permitted to exercise within the exercise areas
daily between the hours of 8:00 a.m. and 8:00 p.m.
E.
Any Structure used to house animals shall be equipped with building
code approved, non-toxic noise-dampening material or acoustic tile.
F.
Odors and harsh noise causing annoyance or discomfort to the public outside of the Lot on which the Kennel is located shall not be permitted in accordance with Millcreek Township Code, Chapter 8, Animals.
G.
The applicant shall furnish evidence of effective means of animal
waste collection and disposal which shall be continuously implemented.
A.
Use of the Dwelling Unit shall be for household living only and shall
be limited to two adults per bedroom.
B.
Any renter shall meet the definition of "family."
C.
The Dwelling Unit shall not be rented to the same renter for a period
of not less than two consecutive nights and not more than 30 consecutive
nights.
D.
Owner of the Dwelling Unit is required to maintain records of all
rentals for a period of two years.
E.
This Use requires a Use Certificate that must be renewed annually
with the Township.
F.
All parking shall be provided on the lot. No on-Street parking will
be permitted.
G.
The Use shall be subject to any applicable permitting requirements,
safety standards, or rules and regulations. The Use shall have adequate
and operational smoke/fire alarms in the Dwellings.
H.
The owners of record of any Limited Lodging shall, within 30 days
after commencement of the Use and/or the listing of the Limited Lodging
on a booking agent website, provide and supply to the Zoning Officer
the name(s), address(s), phone number(s) and other requested information
of a contact Person to ensure that a representative of the Limited
Lodging can be contacted at all times in case of an Emergency.
B.
Access point on existing interior Street.
C.
Buffer Area: Each manufactured home park shall be surrounded by a
Buffer Area at least 50 feet wide along the inside of the Lot Lines.
D.
Side and Rear Yards of gross lot: 15 feet minimum from any manufactured
home berth to any Lot Line.
E.
Minimum Setback of all manufactured homes and Accessory structures:
30 feet from Property Line abutting public Street or highway.
F.
Distance between manufactured homes: a minimum of 14 feet separation
from any point of a manufactured home to another manufactured home.
Any facility dispensing Medical Marijuana must be legally registered
in the Commonwealth of Pennsylvania and possess a current valid Medical
Marijuana Permit from the Pennsylvania Department of Health (DOH).
All statutes and regulations from the Commonwealth must be followed.
Any facility growing or processing Medical Marijuana must be
legally registered in the Commonwealth of Pennsylvania and possess
a current valid Medical Marijuana Permit from the Pennsylvania Department
of Health (DOH). All statutes and regulations from the Commonwealth
must be followed.
A.
These supplemental regulations apply to outdoor Uses at Private and
Commercial Recreational Facilities.
B.
All pools, tennis courts or other comparable facilities shall be
considered Structures for the purpose of this Chapter.
C.
The facility area and Lot boundaries shall be landscaped as required
by the applicable Buffer Yard requirements for the zoning district.
D.
All facilities shall abut a public Road and have a permanent access
thereto.
E.
All pools shall be surrounded by a Fence at least six feet in height,
the entrance to which shall be kept locked when attendant is not present;
and shall be constructed in accordance with all applicable state requirements.
F.
All other facilities must protect against objects leaving the field
of play and entering the Right-of-Way through the use of Fences, netting,
plantings, hedges, or other appropriate means.
A.
Any litter generated by the operation shall be removed. Litter control
shall be provided at the entrance(s) of the facility and along the
Street, sidewalk and Setback areas adjacent to the facility.
B.
Dust generated from the facility shall be controlled to the maximum
extent feasible. Control measures may include, but are not limited
to, misting systems, water trucks, manual or mechanical sweeping and
use of negative ventilation.
C.
Operating hours, including the collection and transportation of receptacles,
shall not exceed 7:00 a.m. to 6:00 p.m. when the Lot the facility
is located on is within 500 feet of the boundary of a residential
Lot, except where separated by an arterial Road, thoroughfare or railway.
D.
All recyclable materials shall be stored in receptacles or within an on-site Building. Temporary stockpiling of collected materials (less than one year) is permitted if materials are stored in a receptacle or Building by the close of each business day and any such stockpiling is located behind a screening Fence. Outside storage is not permitted except as provided in § 145-34 of this Chapter.
Subject to the following criteria, Riding Stables, are Permitted
Uses within the CR District:
A.
Minimum lot size: 10 acres.
B.
Any Structure used for the boarding of horses shall be set back at
least 200 feet from any Property Line.
C.
All outdoor training, show, riding, boarding, running or pasture
areas shall be enclosed by a minimum four-foot-high Fence.
D.
All parking compounds and unimproved overflow parking areas shall
be set back at least 10 feet from adjoining Lot Lines. Unimproved
overflow parking areas shall also provide a Fence delineating such
occasional parking facilities and preventing the parking and/or movement
of Vehicles across neighboring properties.
E.
All stables shall comply with all applicable local, state and federal
law.
A.
Landfill operations shall be located at least 1,000 feet from any
Property Line adjoining a residential or multi-family residential
Use or Residential Zoning District and at least 500 feet from a Property
Line adjoining any other zoning district.
B.
The perimeter of all landfill sites shall be screened from adjacent properties and Streets with the type of landscaping as required in Article IV of this Chapter.
C.
Evidence of compliance with all regulations and permit requirements
of the PaDEP and other state and federal agencies with jurisdiction
over such operations shall be submitted with the application for land
development.
D.
A suspension or revocation of the PaDEP permit shall be an automatic
suspension or revocation of all Township Permits and approvals.
E.
If a change of ownership occurs, the new owner shall submit a new
application for Conditional Use. Approval of the new application shall
not be granted until a state permit is issued to the new owner by
PaDEP.
F.
The Zoning Officer, Township Engineer or any other official designated
by the Supervisors may inspect the facility at the discretion of the
Township or upon complaint to determine if the operation is being
conducted according to approved plans and permits.
G.
Access Streets to the landfill site shall be constructed according
to PaDEP permit requirements. The Township shall require a bond to
be posted of sufficient amount to cover the cost of maintenance, repair,
and reconstruction of any Township Streets over which the collection
and disposal Vehicles may travel to the approved site. The bond shall
be reviewed periodically to determine if the amount is sufficient
to cover any maintenance or repair costs.
H.
Operations shall be regulated so that nuisances such as visual blight,
noise, odors, blowing debris, and dust shall not be created.
A.
Solar Energy System General Requirements:
(1)
Solar Energy Systems require a Zoning Permit for installation, expansion,
modification, alteration, or demolition.
(3)
The design of the Solar Energy System shall conform to applicable
industry standards.
(4)
The design of Solar Energy Systems shall, to the extent reasonably
possible, use materials, colors, textures, screening, and landscaping
that will blend the facility into the natural setting and existing
environment.
(5)
A Solar Energy System may be roof mounted or ground mounted as set
forth herein.
(6)
A Solar Energy System shall not be used to display advertising, including
signage, streamers, pennants, spinners, reflectors, ribbons, tinsel,
balloons, Flags, banners similar materials. The manufacturer's
or installer's identification and any appropriate warning Signs
and placards may be displayed on the Solar Energy System provided
they comply with the Township's Sign regulations.
(7)
Solar Panels shall be placed such that concentrated solar radiation
or Glare shall not be directed onto nearby properties or roadways,
unless otherwise screened.
(8)
Abandonment and removal. Any Solar Panel (roof or ground) that has
not been in active and continuous service for a period of one year
shall be deemed Abandoned and shall be removed from the property to
a place of safe and legal disposal.
(9)
Interference with Electrical Service. In the event that the operation
of the Solar Energy System interferes with the supply of electric
service to other residents of the Township, the Township may restrain
operation for such interference with the health, safety and welfare
of other residents.
(10)
Connection and operation in conjunction with public electrical
system. Nothing in this Chapter shall be construed to approve any
type of Solar Energy System in conjunction with any electrical distribution
company that is otherwise regulated by the Public Utility Commission
or prescribe the terms and circumstances of operation of Solar Energy
Systems, Private or Solar Energy Utility System as they pertain to
public electric generation systems (i.e., Penelec or similar companies).
B.
Ground-Mounted Solar Energy System General Requirements:
(1)
A Solar Energy System must comply with all height requirements for
the zoning district where the Solar Energy System is to be installed.
(2)
All ground arrays shall be located no closer than seven feet from
the Property Line as measured from the nearest Property Line and the
edge of the nearest solar array.
(3)
All exterior electrical and/or plumbing lines shall be buried below
the surface of the ground and be placed in a conduit.
(4)
Ground-mounted Solar Energy Systems shall not be considered an Accessory
Structure.
(5)
Ground-mounted Solar Energy Systems shall not be located in the required
Front Yard Setback.
(6)
If a ground-mounted Solar Energy System is removed, any earth disturbance
as a result of the removal of the ground-mounted Solar Energy System
shall be graded and reseeded.
C.
Roof-Mounted Solar Energy Systems General Regulations:
(1)
Permitted roof-mounted Solar Panels shall include integrated Solar
Panels as the surface layer of the roof Structure with no additional
apparent change in relief or projection, or separate flush-mounted
Solar Panels attached to the roof surface.
(2)
The height of roof-mounted systems on the principal Buildings or
accessory Buildings shall not extend more than three feet above the
finished roof to which it is mounted but at no time shall any panel
exceed the maximum height permitted in the underlying zoning district
nor shall any part of the system extend beyond the edge of the roof.
D.
Solar Energy System, Private.
(1)
A Solar Energy System, Private shall not be constructed until a Principal
Structure is constructed and a Building Permit is issued for the Solar
Energy System.
(2)
The Solar Energy System, Private shall be located only in the Rear
Yard or Side Yard of the property on which it is an Accessory Use.
(3)
The total surface area of a ground-mounted system, regardless of
the mounted angle, shall be calculated as part of the overall Lot
Coverage.
(4)
Emergency Outages. The owner of any Solar Energy System, Private
must configure the system in a manner that a backup source of electricity
is available during times of outage of the Solar Energy System.
E.
Solar Energy Utility System. Solar Energy Utility Systems shall be
permitted exclusively by Conditional Use subject to the following:
(1)
Located on properties with a minimum Lot size of five acres within
the CR District and in all Industrial Districts.
(2)
The Applicant shall demonstrate screening for the operation in compliance
with general requirements for nonresidential Uses within the Zoning
Ordinance.
(3)
The Applicant shall provide an operations agreement to the Township
which shall set forth operations parameters, the name of the certified
operator, inspection protocol, Emergency procedures and general safety
documentation.
(4)
Mechanical Equipment. Mechanical equipment associated with and necessary
for the operation of the Solar Energy System shall comply with the
following:
(a)
Mechanical equipment shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of shrubbery, trees, or other plant materials
which provides a visual screen.
(b)
Mechanical equipment shall not be located in the required Front
Yard Setback of the underlying zoning district.
(c)
Mechanical equipment shall be set back at least 10 feet from
the rear and side Property Lines.
(5)
The Applicant shall demonstrate the manner of decommissioning and
removal of the solar arrays that comprise the Solar Energy Utility
System. All portions of the Solar Energy System and any appurtenances
must be removed to a minimum depth of 18 inches below grade.
(6)
The facility owner or operator shall post and maintain with the Township Engineer decommissioning funds in an amount equal to 110% of the estimated cost of decommissioning work as financial security for proper decommissioning. Such financial security shall be tendered in a form acceptable and shall be held by the Township as provided in Chapter 125, Subdivision and Land Development; provided that in no event shall the amount of decommissioning funds be reduced to a sum less than 25% of the original tender unless decommissioning has been fully completed.
A.
Permits. Temporary storage facilities shall not be authorized upon
any Lot unless a Permit therefor has first been issued by the Zoning
Officer.
(1)
In order to obtain a Temporary Storage Facility Permit, the applicant
shall submit a complete application to the Zoning Officer on such
form designated by the Township.
(2)
Such temporary storage facilities shall be located upon the Lot only
as shown on the application for Permit and as approved by the Zoning
Officer.
(3)
When a Permit for such facility is requested, the applicant shall
provide on their application a schedule and deadline for removal of
the facility.
(4)
Such facility shall be authorized by Permit only for a period not
to exceed 45 days in any calendar year. A Permit may be renewed for
an additional period of 45 days upon proper application to and approval
by the Zoning Officer. A maximum of one renewal is authorized for
Dwellings in CR, R1, and R2; a maximum of two renewals is authorized
in Commercial Zoning Districts; and a maximum of three renewals is
authorized in Industrial Zoning Districts.
(5)
No Permit shall be presumed to be renewed, nor shall any renewal
be effective prior to the date on which the applicant applies for
and receives from the Zoning Officer a renewal Permit pursuant to
procedures and upon paying renewal application fees as are established
by resolution of the Board of Supervisors.
(6)
The applicant shall tender payment of the application fee as established
by the Board of Supervisors and, prior to issuance of any Permit,
shall also tender to the Zoning Officer a deposit in that sum established
by resolution adopted by the Board of Supervisors per Temporary Storage
Facility, as applicant's deposit for the timely and proper removal
of the Temporary Storage Facility upon expiration of the Permit. Applicant's
failure to request return of the deposit within one year of the proper
removal of the Temporary Storage Facility shall result in a forfeiture
of the deposit to the Township.
B.
Performance standards. Temporary storage facilities shall be authorized
only subject to compliance with all provisions of this Section, and
the following requirements:
(1)
Such a facility shall be deemed a Structure as the term is defined in Article II of this Chapter and shall be subject to regulations governing Structures generally.
(2)
Except on properties zoned for Light Industry or Heavy Industry Use,
such a facility must be accessory to a principal Building or Structure
on the Lot.
(3)
Such facility shall comply with all Yard Setback, height and Buffer
Yard regulations in this Chapter as apply to the Lot's zoning
district except that a Dwelling in the CR, R1, and R2 Districts will
be permitted to have one Temporary Storage Facility placed in the
driveway of the Dwelling. The facility must be placed entirely on
a paved surface, situated outside of the Right-of-Way, and shall not
project into any sidewalk, access easement, or other easement, and
shall not block vehicular access.
(4)
All temporary storage facilities shall be kept by the applicant in
good order and repair.
(5)
In the event of fire or other casualty restoration work to a residence,
a Temporary Storage Facility shall be allowed without need for a Permit
for a period of 14 days, so long as the Temporary Storage Facility
complies with this Section.
C.
Regulations of this Section shall be administered and enforced generally in accordance with the provisions of Article IX of this Chapter, except as specifically provided otherwise in this Section.
(1)
If any Person fails to remove a Temporary Storage Facility by the
expiration date of a temporary Permit or any issued renewal thereof,
Millcreek Township shall be entitled to immediately notify the applicant
of default and violation, and to exercise full rights against the
applicant's deposit to its full amount or actual costs of removing
the said Temporary Storage Facility. Where practicable, the Zoning
Officer shall request the Person or firm who leased the facility to
remove and recover the same, and the Township shall pay invoiced costs
for such removal, plus all personnel and other expense incurred by
the Township due to the violation, from the applicant's financial
security. The balance of such security remaining after such payment,
if any, shall be refunded to the applicant or to the issuer of the
letter of credit.
A.
The maximum number of persons served shall not exceed 24.
B.
On-site services shall be for residents of the facility only, except
where part of a regimen of scheduled post-residential treatment.
C.
The operator shall submit an Emergency management plan for the facility.
Additionally, the operator shall file a floor plan showing sleeping
areas, emergency exits and bathrooms with the Millcreek Township Code
Enforcement Office.
D.
A Treatment Center shall be located at least a quarter mile from
all existing Treatment Centers and from Day-Care Center, Hotel/Motels,
libraries, Public or Private Schools and Group Residence Facilities.
A.
Fuel Dispenser/Fuel Pump and Fuel Islands shall be set back a minimum
of 50 feet from any Right-of-Way line and 50 feet from any Property
Line.
B.
The ingress and egress shall not create hazardous conditions or undue
congestion of traffic circulation in the immediate area.
C.
The Canopy shall be architecturally integrated with the Principal
Structure.
D.
All Canopy lighting must be fully recessed within the Canopy.
A.
The Premises upon which said Use is located shall have frontage on
an arterial Street and may have additional direct vehicular access
to a collector Street.
B.
All Use and equipment for major automobile repair and marine repair
shall be conducted entirely within a Building.
C.
No derelict, damaged or unlicensed Vehicles shall be stored on the
Premises for more than 48 hours.
D.
Vehicles awaiting repair or painting shall be kept behind a Fence
at least six feet high surrounding the Vehicles and obscuring a view
of them from adjacent properties and Streets.
E.
No loudspeakers shall be permitted outside of any enclosed Structures.
A.
Wind Energy Systems General Requirements.
(1)
Applicability.
(a)
This Section applies to all Wind Energy Systems proposed to
be constructed after the effective date of this Chapter.
(b)
Wind Energy Systems constructed prior to the effective date
of this Chapter shall not be required to meet the requirements of
this Chapter, provided that any physical modification to an existing
Wind Energy System that materially alters the size, type, and number
of Wind Turbines or other equipment shall require a Permit under this
Chapter.
(2)
Permit Requirements.
(a)
No Wind Energy System, or addition of a Wind Turbine to an existing
Wind Energy System, shall be constructed or located within Millcreek
Township unless a Permit has been issued to the system owner or operator
approving construction of the facility under this Chapter.
(b)
Developers shall be responsible for all expenses of the Township
in the evaluation and approval of a Permit.
(c)
Any physical modification to an existing and permitted Wind
Energy System that materially alters the size, type, and number of
Wind Turbines or other equipment shall require a Permit modification
under this Chapter. Like-kind replacements shall not require a Permit
modification.
(3)
Permit Application.
(a)
Permit application shall demonstrate that the proposed Wind
Energy Systems will comply with this Chapter.
(b)
The application shall contain the following:
[1]
A narrative describing the proposed WES, including an overview
of the project, the project location, the approximate generating capacity
of the WES, the approximate number, representative types and height
or range of heights of Wind Turbines to be constructed, including
their generating capacity, dimensions and respective manufacturers,
and a description of all ancillary facilities.
[2]
An affidavit or similar evidence of agreement between the property
owner and the facility owner or operator confirming that the facility
or owner has the permission of the property owner to apply for necessary
Permits for construction and operation of the WES.
[3]
Identification of the property(ies) on which the proposed WES
will be located, and the properties adjacent to the Lot(s) on which
the WES will be located. Such identification shall include the name
of the property owner(s) and the zoning classification of all properties.
[4]
A site plan showing the planned location and height of each
Wind Turbine or WES, Property Lines, Setback lines, access Road and
turnout locations, substation(s), electrical cabling from the WES
to the substation(s), ancillary equipment, Buildings and Structures,
including permanent meteorological towers, associated transmission
lines and layout of all Structures within the geographical boundaries
of any applicable Setback.
[5]
Documents related to decommissioning, including a schedule for
decommissioning and financial security to ensure such decommissioning.
[6]
Other relevant studies, reports, certifications and approvals
as may reasonably be requested by the Township (these including but
not limited to documents confirming compliance with all Setbacks and
performance standards).
(4)
Setback requirements.
(a)
Wind Turbines shall be set back from the nearest occupied Building
on the subject Lot a distance not less than the greater of the maximum
Setback requirements for Principal Structures in the zoning district
in which the turbine is located or 1.1 times the turbine height, whichever
is greater. The Setback distance is measured from the center of the
Wind Turbine base to the nearest point on the foundation of the occupied
Building.
(b)
Wind Turbines shall be set back a minimum distance of 1.25 times
the total height of the tower or pole and all equipment (including
turbines) mounted thereon from all adjacent Property Lines and from
public or private Street Right-of-Way lines. The total height shall
include the height of any Structure that a tower or pole is mounted
on if it is not mounted directly at ground level.
(5)
Performance Standards.
(a)
To the extent applicable, a wind energy conversion system shall
comply with the Pennsylvania Construction Code,[1] Millcreek Township Code Chapter 125, Subdivision and Land Development, Millcreek Township Code Chapter 116, Stormwater Management, and such other applicable provisions of the Code of the Township of Millcreek, all as amended.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(b)
The design of the Wind Energy System shall conform to applicable
industry standards, including those of the American National Standards
Institute. An applicant shall submit with an application certificates
of design compliance obtained by the equipment manufacturer(s) from
Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd
Wind Energies or other similar certifying organization.
(c)
All electrical components of a WES shall conform to relevant
and applicable local, state and national codes and to relevant and
applicable Penelec and international standards.
(d)
Wind Turbines shall be a nonobtrusive color such as white, off-white
or gray.
(e)
Wind Energy System shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority regulating air safety.
(f)
WES facilities shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner and operator,
any such signage to comply with regulations governing land in the
zoning district.
(g)
On-site transmission and power lines between wind energy conversion
systems and/or small Wind Turbine devices, turbines or other Structures
or Buildings shall, to the maximum extent practicable, be placed underground.
(h)
A clearly visible warning Sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(i)
Visible, reflective, colored objects, such as Flags, reflectors
or tape, shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
(j)
Climbing apparatus for WES towers, poles and turbines shall
stop 12 feet above ground level.
(k)
All access doors to Wind Turbines and electrical equipment shall
be locked and Fenced.
(l)
WES operations shall not cause unreasonable noise that would
be objectionable to and/or detract from Use and enjoyment of adjacent
properties. The Township reserves the right to suspend and/or revoke
an operating Permit for a WES if, in its opinion, the noise characteristics
and/or levels generated by a particular WES are unreasonably loud
and pose an undesirable nuisance to neighboring properties.
(m)
The facility owner and operator shall make reasonable efforts
to minimize shadow flicker to any occupied Building on any other Lot.
(n)
WES operations shall not cause interference with, disruption
to or loss of radio, telephone, television, internet or similar signals
and shall mitigate any harm caused by the WES. The Township reserves
the right to suspend and/or revoke an operating Permit for a WES if,
in its opinion, such interference becomes evident, is a nuisance to
neighboring property owners and has not been eliminated by the facility
owner and/or operator.
(o)
The owner and operator of a WES shall ensure that the system
or device does not constitute a safety hazard to persons or neighboring
properties by virtue of failure and/or breakage of rotor blades and
other parts of the system or device. The Township reserves the right
to suspend and/or revoke an operating Permit for a WES if, in its
opinion, a safety hazard exists until or unless such hazards have
been corrected to the satisfaction of the Township.
(p)
The Co-Location of Wireless communication antennas on a turbine
tower shall not be permitted.
(q)
The minimum clearance between the lowest arc of the turbine
blades and the ground shall be 15 feet. If the turbine model that
is proposed is a vertical axis Wind Turbine (also referred to as a
helix-type windmill or VAT), the height between the lowest point of
the turbine and the ground may be reduced to eight feet.
(6)
Decommissioning.
(a)
The applicant shall be responsible for notifying the Township's
Zoning Officer, in writing, of the end of the useful life of the device
or, if applicable, the termination of Use of such device. Such notice
shall be given not later than 30 days after either occurrence, whichever
should first occur. Each day a violation of this Chapter occurs shall
constitute a separate violation for purposes of enforcement.
(b)
Decommissioning shall include removal of Wind Turbines, Buildings,
cabling, electrical components, Roads, foundations to a depth of 36
inches and any other associated facilities.
(c)
Disturbed earth shall be graded and reseeded, unless the landowner
requests in writing that the access Roads or other land surface areas
not be restored.
(d)
Prior to issuance of a Permit authorizing the Use, the applicant shall submit to the Township a written certification under seal of a Pennsylvania professional engineer, estimating the costs of all work involved in decommissioning of the facilities as of the date on which such facilities are expected to commence full operation. This certification shall be submitted and reviewed in accordance with standards for financial security under Chapter 125, Subdivision and Land Development, and shall be subject to approval by the Township Engineer. The amount of financial security shall be adjusted every three years, in accordance with standards set forth in Chapter 125, Subdivision and Land Development.
(e)
The facility owner or operator shall post and maintain with the Township Engineer decommissioning funds in an amount equal to 110% of the estimated cost of decommissioning work as financial security for proper decommissioning. Such financial security shall be tendered in a form acceptable and shall be held by the Township as provided in Chapter 125, Subdivision and Land Development; provided that in no event shall the amount of decommissioning funds be reduced to a sum less than 25% of the original tender unless decommissioning has been fully completed.
(f)
If the facility owner or operator fails to complete decommissioning within the periods prescribed in §§ 145-74B(3)(a) and 145-75C(3)(a), below, the Township shall be entitled to exercise its rights against the decommissioning funds (or financial security) in the manner provided in Chapter 125, Subdivision and Land Development, and use such funds to ensure proper decommissioning of all facilities.
B.
Wind Turbine Systems, Small.
(1)
Height Requirements. The maximum height is 60 feet measured from
ground level to the tip of the Wind Energy System's blade fully
extended perpendicular to the ground plane.
(2)
Supplemental Performance Standards.
(a)
The owner and/or operator of a Wind Turbine System, Small, at
all times, shall maintain a current general liability insurance policy
covering bodily injury and property damage caused by or arising from
the WECS with limits of at least $500,000 per occurrence and $500,000
in the aggregate. A certificate of such insurance shall be supplied
to the Township prior to issuance of a Permit and a current certificate
of insurance shall be supplied to the Township annually within 30
days after the policy anniversary or issuance date.
(3)
Decommissioning.
(a)
The facility owner and operator shall, at its expense, complete
decommissioning of the WES or of individual Wind Turbines within 12
months after the end of the useful life of the facility or individual
turbine(s) or, if applicable, within 12 months after the revocation
by the Township of a Permit authorizing such Use. A WES or individual
turbine will be presumed to be at the end of its useful life if no
electricity is generated for a continuous period of 12 months.
C.
Wind Energy Utility Systems. Wind Energy Utility Systems shall be
permitted exclusively by Conditional Use subject to the following:
(1)
Height Requirements. The maximum height is 120 feet measured from
ground level to the tip of the Wind Energy System's blade fully
extended perpendicular to the ground plane.
(2)
Supplemental Performance Standards.
(a)
All WEUS shall be equipped with a redundant braking system,
including both aerodynamic overspeed controls (these including variable
pitch, tip and other similar systems) and mechanical brakes. Mechanical
brakes shall be operated in a fail-safe mode. Stall regulation shall
not be considered a sufficient braking system for overspeed protection.
(b)
All WEUS towers or poles shall be enclosed by a six-foot Fence
with a lockable entry, to prevent entry by nonauthorized persons.
A metal Sign shall be affixed to the entry providing contact information
for use in the event of an Emergency.
(c)
The owner and/or operator of a WEUS, at all times, shall maintain
a current general liability insurance policy covering bodily injury
and property damage caused by or arising from the WEUS with limits
of at least $1,000,000 per occurrence and $1,000,000 in the aggregate.
A certificate of such insurance shall be supplied to the Township
prior to issuance of a Permit and a current certificate of insurance
shall be supplied to the Township annually within 30 days after the
policy anniversary or issuance date.
(d)
The facility owner and operator of a WEUS shall maintain a telephone
number and identify a responsible Person for the public and the Township
to contact with inquiries and complaints throughout the life of the
project. The facility owner and operator shall make reasonable efforts
to respond to inquiries and complaints by the public, and shall respond
fully to all inquiries and complaints by the Township.
(3)
Decommissioning.
(a)
The facility owner and operator shall, at its expense, complete
decommissioning of the WEUS or of individual Wind Turbines within
six months after the end of the useful life of the facility or individual
turbine(s) or, if applicable, within six months after termination
of any lease or agreement authorizing such Use or the revocation by
the Township of a Permit authorizing such Use. A WEUS or individual
turbine will be presumed to be at the end of its useful life if no
electricity is generated for a continuous period of 12 months.
(4)
Use of Public Roads.
(a)
The Applicant 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 the wind energy facility.
(b)
The Township's engineer or a qualified third-party engineer
hired by the Township and paid for by the applicant, shall document
Road conditions prior to construction. The engineer shall document
Road conditions again 30 days after construction is complete or as
weather permits.
(c)
The Township may require a bond on the Road in compliance with
state and Township regulations.
(d)
Any Road damage caused by the applicant or its contractors shall
be promptly repaired at the applicant's expense.
(e)
The applicant shall demonstrate that it has appropriate financial
assurance to ensure the prompt repair of damaged Roads.
A.
Purposes.
(1)
The purpose of this Section is to establish uniform standards for
the siting, design, permitting, maintenance and use of Wireless Communications
Facilities in Millcreek Township. While the Township recognizes the
importance of Wireless Communications Facilities in providing high-quality
communications services to its residents and businesses, the Township
also recognizes that it has an obligation to protect public safety
and to minimize adverse visual effects of such facilities through
standards set forth in the following provisions.
(2)
By enacting these provisions, the Township intends to:
(a)
Accommodate the need for Wireless Communications Facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
Provide for the managed development of Wireless Communications
Facilities in a manner that enhances the benefits of Wireless communication
and accommodates the needs of both Township residents and Wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both Tower and Non-Tower Wireless Communications
Facilities in the Township, including facilities both inside and outside
the public Rights-of-Way;
(d)
Promote the health, safety and welfare of the Township's
residents;
(e)
Address new Wireless technologies, including, but not limited
to, Distributed Antenna Systems, data collection units, cable, Wi-Fi
and other Wireless Communications Facilities; and
(f)
Minimize adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of such services co-locate
their commercial communications Antennas and related facilities on
existing Towers.
B.
General Requirements for all WCFs.
(1)
Standard of care. Any WCF shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code, as the same have been adopted
by the Township. Any WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any Person
or any property in the Township.
(2)
Wind. All WCF Structures shall be designed to withstand the effects
of wind gusts of at least 100 miles per hour in addition to the standard
designed by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association (ANSI/EIA/TIA-222, as
amended).
(4)
Public safety communications. A WCF shall not interfere with public
safety communications or the reception of broadband, television, radio
or other communication services enjoyed by occupants of nearby properties.
(5)
Radio frequency emissions. A 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.
(6)
Indemnification. Each Person that owns or operates a WCF shall, at
its sole cost and expense, indemnify, defend and hold harmless the
Township, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the Person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each Person that owns or operates a WCF shall defend any
actions or proceedings against the Township in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a 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.
(7)
Fees. The Township may assess appropriate and reasonable fees directly
related to the Township's actual costs in reviewing and processing
the application for approval of a WCF, as well as related inspection,
monitoring, and other costs.
(8)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
The 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.
C.
Specific Requirements for Non-Tower WCF and Co-located Non-Tower
WCF.
(1)
Non-Tower WCF.
(a)
Non-Tower WCF are permitted in all zoning districts subject
to the regulations and conditions of this Chapter and subject to applicable
permitting by the Township.
(b)
Nonconforming Wireless Support Structures. Non-Tower WCFs shall
be permitted to co-locate upon nonconforming Tower WCFs and other
Nonconforming Structures. Co-Location of WCFs upon existing Tower
WCFs is encouraged even if the Tower WCF is nonconforming as to Use
within a zoning district.
(c)
Removal. In the event that Use of a Non-Tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue Use and the date when the Use shall be discontinued.
Unused or Abandoned WCF or portions of WCF shall be removed as follows:
[1]
All Abandoned or unused WCFs and accessory facilities shall
be removed within 60 days of the cessation of operations at the site
unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed within 60 days
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.
(d)
Insurance. Each Person who owns or operates a Non-Tower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the Non-Tower WCF.
(e)
Reservation of rights. In accordance with applicable law and
as set forth in more detail in subsequent design and development standards
below, the Township reserves the right to deny an application for
the construction or placement of any Non-Tower WCF for numerous factors,
which include but are not limited to visual impact, design, and safety
standards.
(2)
Co-located Non-Tower WCF.
(a)
Non-tower WCF - No Substantial Change. The following regulations
shall apply to all co-located Non-Tower WCF that do not Substantially
Change the physical dimensions of the Wireless Support Structure to
which they are attached, and/or fall under the Pennsylvania Wireless
Broadband Collocation Act:[1]
[1]
Permit required. WCF Applicants proposing the modification of
an existing Tower WCF shall obtain a Construction Permit from the
Township. In order to be considered for such Permit, the WCF Applicant
must submit a Permit application to the Township in accordance with
applicable Permit policies and procedures.
[2]
Related equipment. Ground-mounted Related Equipment greater
than three cubic feet shall not be located within 50 feet of a Lot
in residential Use or zoned residential.
[3]
Timing of approval for applications that fall under the WBCA.
Within 30 calendar days of the date that an application for a Non-Tower
WCF is filed with the Township, the Township shall notify the WCF
Applicant in writing of any information that may be required to complete
such application. Within 60 calendar days of receipt of a complete
application, the Township shall make its final decision on whether
to approve the application and shall advise the WCF Applicant in writing
of such decision. If additional information was requested by the Township
to complete an application, the time required by the WCF Applicant
to provide the information shall not be counted toward the Township's
sixty-day review period.
[4]
Fees. The Township may assess appropriate and reasonable fees
directly related to the Township's actual costs in reviewing
and processing the application for approval of a Non-Tower WCF provided
they do not exceed any state or federal caps on such fees.
[1]
Editor's Note: See 53 P.S. 11702.1 et seq.
(b)
Non-Tower WCF - Substantial Change. The following regulations
shall apply to all Non-Tower WCF that do Substantially Change the
Wireless Support Structure to which they are attached, or that otherwise
do not fall under the Pennsylvania Wireless Broadband Collocation
Act:[2]
[1]
Prohibited on certain Structures. No Non-Tower WCF shall be
located on Single-Family Detached Dwelling, Single-Family Attached
Dwellings, or any residential Accessory Structure.
[2]
Zoning Permit required. To the extent permissible by law, any
WCF Applicant proposing the construction of a new Non-Tower WCF, or
the modification of an existing Non-Tower WCF, shall first obtain
a Zoning Permit authorization from the Township. The Zoning Permit
application shall demonstrate that the proposed facility complies
with all applicable provisions in this Zoning Ordinance.
[3]
Historic Buildings. No Non-Tower WCF may be located upon any
property, or on a Building or Structure that is listed on either the
National or Pennsylvania Registers of Historic Places, or on that
official historic Structures and/or historic districts list maintained
by the Township, or has been designated by the Township to be of historical
significance.
[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 these WCF provisions. The WCF Applicant and/or owner
of the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
[5]
Development regulations. Non-Tower WCF shall be co-located on
existing Wireless Support Structures, such as existing Buildings or
Tower WCF, subject to the following conditions:
[a]
The total height of any Wireless Support Structure
and mounted WCF shall not exceed 20 feet above the maximum height
permitted in the underlying zoning district, unless the WCF Applicant
applies for, and subsequently obtains, a variance.
[b]
In accordance with industry standards, all Non-Tower
WCF Applicants must submit documentation to the Township justifying
the total height of the Non-Tower WCF. Such documentation shall be
analyzed in the context of such justification on an individual basis.
[c]
If the WCF Applicant proposes to locate the Related
Equipment in a separate Building, the Building shall comply with the
minimum requirements for the applicable zoning district.
[6]
Security Fencing. A security Fence having openings not greater
than nine square inches and with a minimum height of six feet and
a maximum height of eight feet shall surround any separate communications
equipment Building. Vehicular access to the communications equipment
Building shall not interfere with the parking or vehicular circulations
on the site for the Principal Use. The Zoning Officer may authorize
a Fence height up to eight feet without variance relief from general
regulations in this Chapter being required.
[7]
Design regulations.
[a]
Non-Tower WCF shall employ Stealth Technology and
be treated to match the Wireless Support Structure in order to minimize
aesthetic impact. The application of the Stealth Technology chosen
by the WCF Applicant shall be subject to the approval of the Township.
[b]
Noncommercial usage exemption. Township residents
utilizing satellite dishes, citizen or band radios, and Antennas for
the purpose of maintaining television, phone, amateur radio, and/or
internet connections at their respective residences shall be exempt
from the regulations enumerated in this Section of the Zoning Ordinance.
[8]
Removal, Replacement and Modification.
[a]
The removal and replacement of Non-Tower WCF and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not Substantially
Change the overall size of the WCF or the numbers of Antennas.
[b]
Any modification to a WCF shall require notice
to be provided to the Township, and a supplemental Permit approval
may be required if the Township determines that the modification is
material.
[9]
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance and
any other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
[2]
Editor's Note: See 53 P.S. 11702.1 et seq.
(3)
Non-Tower WCF in Right-of-Way. In addition to the general WCF requirements set forth in Subsection B, above, and the specific requirements for Non-Tower WCF and Co-located Non-Tower WCF set forth in Subsection C, above, all Non-Tower WCFs located in a public Right-of-Way shall comply with the following regulations:
(a)
Location. Non-Tower WCF in the ROW shall be located or co-located
on existing poles, such as existing utility poles or light poles.
If Co-Location is not technologically feasible, the WCF Applicant
shall locate its Non-Tower WCF on existing poles or freestanding Structures
that do not already act as Wireless Support Structures with the Township's
approval.
(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]
Antenna and Related Equipment shall be treated to match the
supporting Structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support Structure upon
which they are mounted.
[3]
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all Non-Tower WCF in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et
seq.
[4]
Equipment location. Non-Tower WCFs and Related Equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[a]
In no case shall ground-mounted Related Equipment,
walls, or landscaping be located within two feet of the Street cartway
or within an easement extending onto a privately owned Lot.
[b]
Ground-mounted Related Equipment that cannot be
placed underground shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township if screening is deemed necessary or appropriate
in the circumstances.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on any Wireless Support Structures
or any Related Equipment shall be removed at the sole expense of the
owner, promptly or within 10 days after date of Township's notice
to do so.
[e]
Any proposed underground vault related to Non-Tower
WCF shall be reviewed and approved by the Township.
[5]
Relocation and/or removal of facilities. Within 60 days after
the date of written notice from the Township, or such longer period
as the Township determines is reasonably necessary or such shorter
period in the case of an Emergency, an owner of a WCF in the ROW shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Township or other public improvement in the Right-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.
[6]
Repair, replacement and/or removal of facilities and Related
Equipment.
[a]
The owner of any WCF or Related Equipment located
within the Right-of-Way of a public Street in the Township shall ensure
that any damaged WCF or Related Equipment is repaired, restored and/or
replaced within 60 days after damage or casualty to the same is sustained.
[b]
The owner of any WCF or Related Equipment located
within the Right-of-Way of a public Street in the Township shall give
notice to the Township's Zoning Department within 10 days after
such WCF and/or Related Equipment ceased being used or operational,
and shall remove the same from the public Right-of-Way at owner's
sole expense within 60 days after such WCF and/or Related Equipment
ceased being used or operational.
[7]
Inspections. The Township may inspect facilities within a public
Right-of-Way without any prior notice being given.
D.
Specific Requirements for Tower WCFs.
(1)
All Tower WCFs.
(a)
Standard of care. In addition to the general standard of care
above, any Tower WCF shall be designed, constructed, operated, maintained,
repaired, modified and removed in strict compliance with the accepted
and responsible workmanlike industry practices of the National Association
of Tower Erectors.
(b)
Notice. Upon submission of an application for a Tower WCF and
the scheduling of the public hearing upon the application, the WCF
Applicant shall mail notice to all owners of every property within
500 feet of the proposed facility. The WCF Applicant shall provide
proof of the notification to the Township.
(c)
Special Exception Use. Tower-based WCF are authorized in certain
zoning districts as a Use on Special Exception at a height necessary
to satisfy their function in the WCF Applicant's Wireless communications
system. A Tower WCF Applicant shall submit an application to the Township
Zoning Hearing Board, demonstrating that the proposed facility complies
with all applicable provisions in the Township Zoning Code. No WCF
Applicant shall have the right under these regulations to erect a
Tower to the maximum height specified in this Section unless it proves
the necessity for such height. The WCF Applicant shall demonstrate
that the Antenna/Tower/pole for the Tower WCF is the minimum height
necessary for the service area. The Special Exception application
shall further include proof or documentation of the following:
[1]
The WCF Applicant cannot adequately extend or infill its communications
system by the use of equipment such as redoes, repeaters, Antenna(s)
and other similar equipment installed on existing Structures, such
as utility poles or their appurtenances and other available tall Structures.
The WCF Applicant shall further demonstrate that the proposed Tower
WCF must be located where it is proposed in order to serve the WCF
Applicant's service area and that no other viable alternative
location exists.
[2]
A propagation study evidencing the need for the proposed Tower
or other communication facilities and equipment, a description of
the type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the WCF Applicant,
the power in watts at which the WCF Applicant transmits, and any relevant
related tests conducted by the WCF Applicant in determining the need
for the proposed site and installation.
[3]
Documentation demonstrating that the proposed Tower WCF complies
with all state and federal laws and regulations concerning aviation
safety.
[4]
Where the Tower WCF is located on a property with another Principal
Use, the WCF Applicant shall present documentation to the Zoning Hearing
Board that the owner of the property has granted an easement for the
proposed WCF and that vehicular access will be provided to the facility.
[5]
Documentation demonstrating that the proposed Tower WCF complies
with all applicable provisions in this Section.
(d)
Engineer inspection. A professional structural engineer, licensed
in the Commonwealth of Pennsylvania (structural engineer) shall provide
to the Township a written certification and of the proposed WCF's
ability to meet the structural standards offered by either the Electronic
Industries Association or the Telecommunication Industry Association
and certify the proper construction of the foundation and the erection
of the Structure. This certification shall be provided during the
Special Exception hearings or at a minimum be made as a condition
attached to any approval given such that the certification be provided
prior to issuance of any Zoning and/or Construction Permits.
(e)
Visual appearance and land Use compatibility. Tower-based WCF
shall employ Stealth Technology which may include the Tower portion
to be painted silver or another color approved by the Zoning Hearing
Board, or shall have a galvanized finish. All Tower WCFs and Related
Equipment shall be aesthetically and architecturally compatible with
the surrounding environment and shall maximize the use of a like facade
to blend with the existing surroundings and neighboring Buildings
to the greatest extent possible. The Zoning Hearing Board shall consider
whether its decision upon the subject application will promote the
harmonious and orderly development of the zoning district involved;
encourage compatibility with the character and type of development
existing in the area; benefit neighboring properties by preventing
a negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
(f)
Co-Location and siting. An application for a new Tower WCF shall
demonstrate that the proposed Tower WCF cannot be accommodated on
an existing or approved Structure or Building, or sited on land owned
and maintained by Millcreek Township. The Zoning Hearing Board may
deny an application to construct a new Tower WCF if the WCF Applicant
has not made a good-faith effort to mount the commercial communications
Antenna(s) on an existing Structure. The WCF Applicant shall demonstrate
that it contacted the owners of tall Structures, Buildings, and Towers
within a 1/4 of a mile radius of the site proposed, sought permission
to install an Antenna on those Structures, Buildings, and Towers and
was denied for one of the following reasons:
[1]
The proposed Antenna and Related Equipment would exceed the
structural capacity of the existing Building, Structure or Tower,
and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed Antenna and Related Equipment would cause radio
frequency interference with other existing equipment for that existing
Building, Structure, or Tower and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing Buildings, Structures, or Towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such Building, Structure, or Tower.
(g)
Permit required for modification. To the extent permissible
under state and federal law then applicable, any WCF Applicant proposing
modification of an existing Tower WCF which increases the overall
height of such WCF shall first obtain a Permit from the Township.
Nonroutine modifications are prohibited without the prior grant of
a Permit.
(h)
Additional Antennas. As a condition of approval for all Tower
WCF, the WCF Applicant shall provide the Township with a written commitment
that it will allow other service providers to co-locate Antennas on
Tower WCF where technically and economically feasible. The owner of
a Tower WCF shall not install any additional Antennas without obtaining
the prior written approval of the Township.
(i)
Height. Any Tower WCF shall be designed at the minimum functional
height. In addition, the following height restrictions apply:
[1]
The maximum height of any Tower WCF shall be 150 feet when it
is located beyond 200 feet from the Interstate 79 or Interstate 90
Rights-of-Way within the following zoning districts: C2, C3, I1, and
I2.
[2]
The maximum height of any Tower WCF shall be 180 feet when it
is located within 200 feet from the Interstate 79 or Interstate 90
Rights-of-Way within the following zoning districts: C2, C3, I1, and
I2; provided that such Tower WCF height may be increased to not more
than 200 feet so long as the required Setbacks from adjoining Property
Lines (not lease lines) and nearby Buildings or Structures are increased
by one foot for every one foot of height in excess of the stated general
maximum height for the district.
(j)
Related Equipment. Either one single-story Wireless communications
equipment Building not exceeding 500 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing commercial
communications Antenna(e) space on the Tower Wireless Communications
Facility.
(k)
Historic Buildings or districts. A Tower WCF shall not be located
upon a property, and/or on a Building or Structure that is listed
on either the National or Pennsylvania Registers of Historic Places,
or eligible to be so listed, or is included in the official historic
Structures and/or historic districts list maintained by the Township.
(l)
Signs. All 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. The only other signage permitted on
the WCF shall be those required by the FCC, or any other federal or
state agency.
(m)
Lighting. No Tower WCF shall be artificially lighted, except
as required by law. If lighting is required, the WCF Applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. Strobe lighting is prohibited. The WCF Applicant
shall promptly report any outage or malfunction of FAA-mandated lighting
to the appropriate governmental authorities and to the Township Zoning
Officer and shall correct such malfunction or outage as soon as is
practicable.
(n)
Noise. Tower-based WCF shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and/or such as to constitute a nuisance under the Township
Code, except in Emergency situations requiring the use of a backup
generator, where such noise standards may be exceeded on a temporary
basis only.
(o)
Retention of experts. The Township may hire any consultant and/or
expert necessary to assist the Township in reviewing and evaluating
the application for approval of the Tower WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these provisions. The WCF Applicant and/or owner
of the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(p)
Timing of approval. Within 30 calendar days of the date that
an application for a Tower WCF is filed with the Township, the Township
shall notify the WCF Applicant in writing of any information that
may be required to complete such application. All applications for
Tower WCFs shall be acted upon within 150 days of the receipt of a
fully completed application for the approval of such Tower WCF, and
the Township shall advise the WCF Applicant in writing of its decision.
If additional information was requested by the Township to complete
an application, the time required by the WCF Applicant to provide
the information shall not be counted toward the 150-day review period.
(q)
Nonconforming Uses. Nonconforming Tower WCF which are hereafter
damaged or destroyed due to any reason or cause may be repaired and
restored at their former location, but must otherwise comply with
the terms and conditions of this Section.
(r)
Removal. In the event that Use of a Tower WCF is planned to
be discontinued, the owner shall provide written notice to the Township
of its intent to discontinue Use and the date when the Use shall be
discontinued. Unused or Abandoned WCF or portions of WCF shall be
removed as follows:
[1]
All unused or Abandoned Tower WCFs and accessory facilities
shall be removed within 90 days of the cessation of operations at
the site unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within 90
days of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
[3]
Any unused portions of Tower WCF, including Antennas, shall
be removed within 90 days of the time of cessation of operations.
The Township must approve all replacements of portions of a Tower
WCF previously removed.
(s)
FCC license. Each Person that owns or operates a Tower WCF over
40 feet in height shall submit a copy of its current FCC license,
including the name, address, and emergency telephone number for the
operator of the facility.
(t)
Insurance. Each Person that owns or operates a Tower WCF greater
than 40 feet in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the Tower
WCF. Each Person that owns or operates a Tower WCF 40 feet or less
in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each Tower WCF.
(u)
Certification by engineer. All plans and drawings for a Tower
WCF shall contain a seal and signature of a structural engineer.
(v)
Financial security. Prior to receipt of a Zoning Permit for the construction or placement of a Tower WCF, the WCF Applicant shall provide to the Township financial security in a form accepted under Chapter 125, Subdivision and Land Development, sufficient in amount to guarantee the removal of the Tower WCF. The amount of said financial security shall be equal to 110% of the cost of removal estimated by a professional engineer under seal as of a date three years after the application date as accepted by Township's Engineer. Said financial security shall remain in place until the Tower WCF is removed.
(2)
Tower Based Outside Public Right-of-Way. The following regulations
shall apply to Tower Wireless Communications Facilities located outside
the public Rights-of-Way:
(a)
Development regulations.
[1]
Tower-based WCF shall not be located in, or within 100 feet
of, an area in which utilities are primarily located underground.
[3]
Sole Use on a Lot. A Tower WCF shall be permitted as a sole
Use on a Lot, provided that the underlying Lot is a minimum of 6,000
square feet. The minimum distance between the base of a Tower WCF
and any adjoining Property Line or Street Right-of-Way line shall
equal 33% of the proposed WCF Structure height.
[4]
Combined with another Use. A Tower WCF may be permitted on a
property with an existing Use, or on a vacant Lot in combination with
another Use, except residential, subject to the following conditions:
[a]
The existing Use on the property may be any Permitted
Use in the applicable district, and need not be affiliated with the
WCF.
[b]
Minimum Lot Area. The minimum Lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the Tower WCF and guy wires, the equipment
Building, security Fence, buffer planting, etc., if the proposed WCF
is greater than 40 feet in height.
[c]
Minimum Setbacks. The minimum distance between
the base of a Tower WCF and any adjoining Property Line or Street
Right-of-Way line shall be equal to the total height of the Tower
WCF plus 30 feet or the minimum Setback of the underlying zoning district,
whichever is greater. Where the site on which a Tower WCF is proposed
to be located is contiguous to an educational Use, child day-care
facility, or agriculture or residential Use, the minimum distance
between the base of a Tower WCF and any such adjoining Uses shall
equal 250 feet, regardless of the height of the Tower WCF, unless
it is demonstrated to the reasonable satisfaction of the Board that
in the event of failure the WCF is designed to collapse upon itself
within a Setback area less than the required minimum Setback without
endangering such adjoining Uses and their occupants.
(b)
Design Regulations.
[1]
The WCF shall employ the most current Stealth Technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the Stealth Technology
chosen by the WCF Applicant shall be subject to the approval of the
Township.
[2]
To the extent permissible by law, any height extensions to an
existing Tower WCF shall require prior approval of the Township.
[3]
Any proposed Tower WCF shall be designed structurally, electrically,
and in all respects to accommodate both the WCF Applicant's Antennas
and comparable Antennas for future users.
[4]
Any Tower WCF over 40 feet in height shall be equipped with
an anticlimbing device, as approved by the manufacturer.
(c)
Surrounding environs.
[1]
The WCF Applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF Structure shall
be preserved to the maximum extent possible.
[2]
The WCF Applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222, as amended, to document and verify the design specifications
of the foundation of the Tower WCF, and anchors for guy wires, if
used.
(d)
Fence/screen.
[1]
A security Fence having openings not greater than nine square
inches and with a minimum height of six feet and a maximum height
of eight feet shall completely surround any Tower WCF greater than
40 feet in height, as well as guy wires, or any Building housing WCF
equipment.
[2]
Landscaping shall be required to screen as much of a newly constructed
Tower WCF as possible. The Zoning Hearing Board may permit any combination
of existing vegetation, topography, walls, decorative Fences or other
features instead of landscaping, if, in the discretion of the Board,
they achieve the same degree of screening. Existing vegetation shall
be preserved to the maximum extent possible.
(e)
Accessory equipment.
[1]
Ground-mounted Related Equipment associated to, or connected
with, a Tower WCF shall be placed underground or screened from public
view using stealth technologies, as described above.
[2]
All Related Equipment, utility Buildings and Accessory Structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum Setback requirements
of the underlying zoning district.
(f)
Access Road. An access Road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to Tower
WCF. Maximum use of existing Roads, whether public or private, shall
be made to the extent practicable. Road grades shall closely follow
natural contours to assure minimal visual disturbance and minimize
soil erosion. Where applicable, the WCF owner shall present documentation
to the Township that the property owner has granted an easement for
the proposed facility, access Road, turnaround space and parking area.
(g)
Parking. For each Tower WCF greater than 40 feet in height,
there shall be two off-Street parking spaces.
(h)
Inspection. The Township reserves the right to inspect any Tower
WCF to ensure compliance with the Zoning Ordinance and any other provisions
found within the Township Code or state or federal law. The Township
and/or its agents shall have the authority to enter the property upon
which a WCF is located at any time, upon reasonable notice to the
operator, to ensure such compliance.
(3)
Tower-Based WCF Inside Public Right-of Way. The following regulations
shall apply to Tower Wireless Communications Facilities located in
the public Rights-of-Way:
(b)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all Tower WCF in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et
seq.
(c)
Equipment location. Tower-based WCF and Related Equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted Related Equipment, walls, or
landscaping be located within two feet of the Street cartway.
[2]
Ground-mounted Related Equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[3]
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the Tower or on any Related Equipment shall
be removed at the sole expense of the owner, promptly and in any event
within 10 days after any notice from the Township to do so.
[5]
Any underground vaults related to Tower WCFs shall be reviewed
and approved by the Township.
(d)
Design regulations.
[1]
The WCF shall employ the most current Stealth Technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the Stealth Technology
chosen by the WCF Applicant shall be subject to the approval of the
Township.
[2]
Tower-based WCF in the public ROW shall not exceed 40 feet in
height.
[3]
To the extent permissible under state and federal law, any height
extensions to an existing Tower WCF shall require prior approval of
the Township, and shall not increase the overall height of the Tower
WCF to more than 40 feet.
[4]
Any proposed Tower WCF shall be designed structurally, electrically,
and in all respects to accommodate both the WCF Applicant's Antennas
and comparable Antennas for future users.
(e)
Relocation or removal of facilities.
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the Right-of-Way;
[2]
The operations of the Township or other governmental entity
in the Right-of-Way;
[3]
Vacation of a Street or Road or the release of a utility easement;
or
[4]
An Emergency as determined by the Township.
(f)
Reimbursement for ROW use. In addition to Permit fees as described
in this Section, every Tower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Township's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Township. The owner of each Tower WCF
shall pay an annual fee to the Township to compensate the Township
for the Township's costs incurred in connection with the activities
described above.
E.
Reservation of police powers. The Township, by granting any Permit
or taking any other action pursuant to this Chapter, does not waive,
reduce, lessen or impair the lawful police powers vested in the Township
under applicable federal, state and local laws and regulations.
A.
Permitting.
(1)
Administrative Approval Required. An application for the construction or modification of a Small Wireless Facility is required to be submitted to the Zoning Administrator and a Zoning Permit issued prior to the commencement of construction or modification of the Small Wireless Facility. Any application for such Permit shall be submitted in accordance with Article IX of this Chapter. Commencing the construction or modification of Small Wireless Facility without a Zoning Permit is a violation of this Chapter.
(2)
Additional Application Requirements. In addition to the application requirements of Article IX of this Chapter, each Small Wireless Facility application shall have the following:
(a)
All information required pursuant to the Small Wireless Facilities
regulations.
(b)
The name of the applicant (including any corporate or trade
names), and the name, address, e-mail address, and telephone number
of a local representative. If the applicant is a Wireless Infrastructure
Provider, the name and contact information for the Wireless Service
Provider(s) that will be using the Small Wireless Facilities must
also be provided. The name and contact information (email; phone;
address) of a Person or entity at the Permit holder and/or Wireless
Service Provider to contact in Emergency situations (hereinafter "Emergency
Contact").
(c)
A statement of which shot clock or shot clocks applicant believes
apply to the application and the reasons the chosen shot clock applies.
The shot clocks governing the application shall be consistent with
those established by FCC Order FCC-18-133, adopted September 26, 2018.
(d)
A separate and complete description of each proposed Small Wireless
Facility and the work that will be required to install or modify it,
including but not limited to detail regarding proposed excavations,
if any; detailed site plans showing the location of the facility and
technical specifications for each element of the facility, clearly
describing the site and all SWF Structures and facilities at the site
before and after installation or modification and identifying the
owners of such preexisting SWF Structures and facilities; and describing
the distance to the nearest residential Dwelling Unit if a residential
Dwelling Unit is within 1,000 feet of the Small Wireless Facility.
Before and after 360-degree photo simulations must be provided for
each facility. This shall be accomplished by providing a site plan
consistent with Wireless engineering standards, provided it includes
the above information.
(e)
Proof that application was mailed to owners of all property
within 100 feet of the proposed Small Wireless Facility.
(f)
A sworn statement from the applicant attesting that the Small
Wireless Facility will comply with current FCC regulations. This may
be accomplished by the applicant providing copies of its FCC license.
(g)
To the extent that filing of the Small Wireless Facilities Permit
application establishes a deadline for action on any other permit
that may be required in connection with the Small Wireless Facility,
the application must include complete copies of applications for every
required permit (including without limitation electrical permits,
Building Permits, traffic control permits, and excavation permits),
with all engineering completed and with all fees associated with each
Permit.
(h)
A certification by a registered and qualified engineer licensed
in the Commonwealth of Pennsylvania that the installation can be supported
by and does not exceed the tolerances of the SWF Structure on which
the Small Wireless Facility will be mounted and that all elements
of the Small Wireless Facility comply with applicable safety standards.
(i)
A certification by the Permit applicant that: i) the Wireless
Service Provider applicant has plans to use the proposed facility
within 30 days of completing construction of the facility; or ii)
the wireless infrastructure applicant has a contract with a Wireless
Service Provider that has plans to use the proposed facility within
30 days of completing construction of the facility.
(j)
Payment of all required fees.
(3)
Application Process.
(a)
Processing Timeline.
[1]
Co-located Facilities. Within 60 days of receipt of a complete
application for Co-location of a Small Wireless Facility on a preexisting
SWF Structure, the Township Zoning Administrator shall make a final
decision on whether to approve the application and shall notify the
applicant in writing of such decision.
[2]
New Facilities. Within 90 days of receipt of a complete application
for a Small Wireless Facility requiring a new SWF Structure, the Township
Zoning Administrator shall make a final decision on whether to approve
the application and shall notify the applicant in writing of such
decision.
[3]
Batching.
[a]
If a single application seeks authorization for multiple deployments, all of which fall within a category set forth in § 145-76A(3)(a)[1] and [2], then the period of time the Township has to render a decision is equal to the time period for a single deployment within that category.
[b]
If a single application seeks authorization for
multiple deployments, the component of which are a mix of co-located
and new facilities, then the time period for the Township to render
a decision is 90 days.
[4]
Small Wireless Facility Permit applications, including applications for other permits under § 145-76A(2)(g) will be processed in conformity with the time frames set forth above.
(b)
Review for Completeness.
[1]
Generally.
[a]
Within 10 days of receipt of an initial application
or a supplemental application for a Small Wireless Facility, the Township
Zoning Administrator shall make a determination as to the completeness
of the application. If the application is deemed to be incomplete,
the Township Zoning Administrator shall notify the applicant in writing
of the documents or information required to complete the application
and the specific rule or regulation creating the obligation to submit
such documents or information.
[b]
If a determination as to completeness of an application
is not made within 10 days of receipt of an initial application, the
Zoning Administrator shall make a determination as to completeness
of the application within 30 days of receipt of the application. If
the application is deemed to be incomplete, the Township Zoning Administrator
shall notify the applicant in writing of the documents or information
required to complete the application and the specific rule or regulation
creating the obligation to submit such documents or information.
[2]
Rejection for Incompleteness.
[a]
Initial Application.
[i]
If a Small Wireless Facilities application is rejected
for incompleteness within 10 days of receipt of an initial application,
the shot clock shall restart at zero on the date on which the applicant
submits all the documents and information identified by the Zoning
Administrator to render the application complete.
[ii]
If the Zoning Administrator rejects the initial
application for a Small Wireless Facility more than 10 days after
receipt but not more than 30 days after receipt, the shot clock shall
be tolled until the applicant submits the additional information.
[b]
Supplemental Application. If a Small Wireless Facilities
supplemental application is submitted following a notice of deficiency
and it is rejected for incompleteness within 10 days of receipt, the
shot clock shall be tolled until the applicant submits the additional
information.
(c)
Written Decision. The Zoning Administrator shall issue a written
decision for all applications. In the event that the application is
denied, the Zoning Administrator shall issue a written decision with
the reasons therefor.
(4)
Standard permit conditions. All Small Wireless Facility Permits under
this Section are issued subject to the following minimum conditions:
(a)
Compliance. The Permit holder shall at all times maintain compliance
with all applicable federal, state, and local law, regulations, and
other rules.
(b)
Contact Information. The Permit holder shall at all times maintain
with the Township accurate contact information for the Permit holder
and all Wireless Service Providers making use of the Small Wireless
Facility, which shall include a phone number, mailing address, and
e-mail address for at least one natural person.
(c)
Emergencies. The Township shall have the right to support, repair,
disable, or remove any elements of a Small Wireless Facility in emergencies
or when the Small Wireless Facility threatens imminent harm to persons
or property. If the circumstances allow, Township shall attempt to
provide notice to the Emergency Contact prior to taking action, but
in any event shall provide notice of an action taken to the Emergency
Contact no later than two business days after such action was taken.
(d)
Adverse Impacts on Adjacent Properties. The Permit holder shall
undertake all reasonable efforts to avoid undue adverse impacts to
adjacent properties and/or Uses that may arise from the construction,
operation, maintenance, modification, or removal of the Small Wireless
Facility.
(e)
Insurance. Each Person who owns or operates a Small Wireless
Facility shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering such Small Wireless Facility.
(f)
Indemnification. Each Person that owns or operates a Small Wireless
Facility shall, at its sole cost and expense, indemnify, defend and
hold harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the Person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the Small Wireless Facility. Each Person that owns or
operates a Small Wireless Facility shall defend any actions or proceedings
against the Township in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a Small Wireless
Facility. 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.
(g)
Relocation. At the request of the Township pursuant to its police
powers or any other authority granted by the Second Class Township
Code[1] and Pennsylvania Constitution, Law or regulations and § 145-76E of this Chapter, the Permit holder of a Small Wireless Facility, upon reasonable notice by the Township, shall promptly and at its own expense permanently remove and relocate any Small Wireless Facility in the Right-of-Way. In the event of a relocation under this subsection, Township may waive any fees relating to an application for a replacement location and may take such other actions to assist the Permit holder to relocate the facility as the Township deems necessary.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
(h)
Abandonment. The Permit holder of a Small Wireless Facility
shall promptly notify the Township within 10 days of when a Small
Wireless Facility has not been in use for a continuous period of 60
days or longer.
(i)
Restoration. A Permit holder of a Small Wireless Facility who removes or relocates a Small Wireless Facility from the Right-of-Way must restore the Right-of-Way in accordance with § 145-76F of this Chapter.
(j)
Wind and Ice. All Small Wireless Facilities shall be designed
to withstand ice accumulation and the effects of wind gusts of at
least 100 miles per hour in addition to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry
standard applicable to the SWF Structure.
(l)
Graffiti Removal. All graffiti on Small Wireless Facilities
or on any Antenna Equipment shall be removed by the Permit holder
at its sole expense within 10 business days of notification by the
Township.
(m)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The Small Wireless Facility shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or 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 the best available
technology for preventing failures and accidents.
(n)
Public Safety Communications. Small Wireless Facilities shall
not interfere with public safety communications or the reception of
broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
(o)
Radio Frequency Emissions. A Small Wireless Facility shall not,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(p)
Transfer of Permit. A Permit for a Small Wireless Facility must
be transferred or notification provided to the Township Zoning Administrator
as follows:
[1]
If the owner of a Small Wireless Facility and permittee are
the same Person and there is a change in ownership, the Permit must
be transferred to the new owner of the Small Wireless Facility.
[2]
If the owner and permittee are not the same Person and there
is a change of permittee, but not ownership of the Small Wireless
Facility, the Permit must be transferred to the new permittee.
[3]
If the owner and the permittee of the Small Wireless Facility
are not the same Person and there is a change in ownership, but not
permittee of the Small Wireless Facility, the change in ownership
must be reported by the permittee to the Township Zoning Administrator
in writing within 30 days.
[4]
A Permit will only be transferred upon application to and approval
by the Township.
[5]
A Permit may not be transferred if a violation of this Chapter
exists at the time of application of the transfer unless the transfer
will expedite correction of the violation.
[6]
The new permittee shall expressly agree to abide by the Permit conditions set forth in § 145-76A(4).
[7]
The original permittee will not be relieved of an obligation
to comply with this Chapter or the terms and conditions of the Permit
until the transfer has been approved.
(5)
Permit Fees.
(a)
Co-located Facilities. The Township shall by resolution establish
the fees to be assessed for Co-located Facilities. Under the Pennsylvania
Wireless Broadband Collocation Act (53 P.S. § 11702.1 et
seq.), the Township may assess appropriate and reasonable Permit fees
directly related to the Township's actual costs in reviewing
and processing the application for approval of a co-located Small
Wireless Facility. In addition, the FCC's presumptively valid
fee limits set forth that a one-time application fee shall be $500
covering up to five Small Wireless Facilities placed on existing poles,
with an additional $100 for each Small Wireless Facility beyond the
first five. Furthermore, under the FCC rule, in the event that the
Township's actual costs in reviewing and processing the application
for approval exceed presumptively valid fee limits, the Township may
assess appropriate and reasonable Permit fees directly related to
the Township's actual cost in reviewing and processing the application
for approval of a Small Wireless Facility.
(b)
New Facilities. The Township shall by resolution establish the
fees to be assessed for New Facilities. Under the FCC's presumptively
valid fee limits, the application fee for a Small Wireless Facilities
application requiring a new pole may be a maximum of $1,000 per new
pole. In addition, under the FCC rule, in the event that the Township's
actual costs in reviewing and processing the application for approval
exceed $1,000, the Township may assess appropriate and reasonable
Permit fees directly related to the Township's actual cost in
reviewing and processing the application for approval of a Small Wireless
Facility.
B.
Location and Development Standards.
(1)
Design Aesthetic Standards.
(a)
Location.
[1]
General. All Small Wireless Facilities shall be sited to avoid
or minimize land use conflicts in accordance with the following standards:
[a]
The most desirable location for new Wireless Communications
Facilities is Co-Location on existing facilities.
[b]
The following list of preferred locations for Wireless
Communications Facilities is in order of preference from most to least
preferred: Industrial, public or quasi-public, Commercial Zoning Districts.
[c]
The following less preferred locations are listed
in order of preference from most to least preferred: Parks or open
space and Residential Zoning Districts.
[d]
Wireless communication facilities shall not be
located on historically or architecturally significant SWF Structures
unless visually and architecturally integrated with the SWF Structure
and shall not interfere with prominent vistas or significant public
view corridors.
[e]
If an applicant chooses to not co-locate, any new
pole must be 50 feet from any pole on which it was technically feasible
to co-locate.
[2]
Location Restrictions.
[a]
Unless approved by the Township and/or PennDOT
if applicable, facilities and SWF Structures must not be located within
sight triangles as follows:
[i]
Five-foot leg pedestrian sight triangle at each
residential driveway; and
[ii]
Ten-foot leg pedestrian sight triangle at each
nonresidential driveway; and
[iii]
An illustration of the sight triangles can be
found in the Appendices.[2]
[2]
Editor's Note: Illustrations are included as an attachment to this chapter.
[b]
The following restrictions apply to locating facilities
and SWF Structures within the thirty-foot leg corner sight triangle:
[i]
No facility or SWF Structure may block or obstruct
any traffic signal or Sign.
[ii]
No facility or SWF Structure may block or obstruct
any sight lines.
[iii]
An illustration of the sight triangles can be
found in the Appendices.[3]
[3]
Editor's Note: Illustrations are included as an attachment to this chapter.
[c]
To the extent possible, a facility, or SWF Structure
should be located and designed so as to avoid interference with Right-of-Way
maintenance activities, such as:
[d]
Facilities and SWF Structures at all times must
comply with the requirements of the Americans with Disabilities Act
of 1990 and all regulations issued thereunder ("ADA"), and shall not
encroach or interfere with any accessible facilities including, but
not limited to, sidewalks, ramps, and transitions or render such facilities
noncompliant with the ADA.
[e]
Facilities and SWF Structures must be located in
alignment with existing utility poles and streetlights.
[f]
Structures must not be located along the frontage
of any Building deemed to be of historic significance on a federal,
state, or local level.
[g]
To the extent possible, new facilities and SWF
Structures within the Right-of-Way must be located along an extension
of the Lot Line shared between two Lots in line with existing Lot
Lines, but in areas where multiple SWF Structures abut each other
SWF Structures must not be located directly in front of an entrance
or window of any existing SWF Structure.
[h]
A combination SWF Structure and streetlight pole
should only be located where an existing pole can be removed and replaced,
or at a new location where the Township has identified that a streetlight
is necessary.
[i]
Tree "topping" or the improper pruning of trees
is prohibited. Any proposed pruning of trees, shrubs, or other landscaping
already existing in the Right-of-Way must be noted in the application
and approved by the Township.
[j]
To the extent it is technically feasible, if a
Permit holder installs a new facility, the Permit holder must allow
other Small Wireless Facilities to co-locate on the Permit holder's
facility.
(b)
Height Restrictions and Limitations.
[1]
The height of a facility may not exceed 50 feet above ground
level or be more than 10% taller than other adjacent SWF Structures.
[2]
The Co-location of new Antenna Facilities may not extend a SWF
Structure to a height of more than 50 feet or by more than 10% above
its preexisting height, whichever is greater.
[3]
Equipment mounted to SWF Structures must not interfere with
or create a hazard to pedestrian or vehicular traffic and must be
a minimum of 10 feet above any pedestrian or bicycle thoroughfare
and a minimum of 15 feet above any traffic lane if the equipment faces
the Road.
(c)
General Aesthetic Standards. Permits for Small Wireless Facilities
shall incorporate specific concealment elements to minimize visual
impacts, and design requirements ensuring compliance with all standards
for noise emissions. Unless it is determined that another design is
less intrusive, or placement is required under applicable law:
[1]
Antennas located at the top of SWF Structures shall be incorporated
into the SWF Structure, or placed within shrouds of a size such that
the antenna appears to be part of the support SWF Structure provided
such can be done without impacting the ability of the antenna to function.
[2]
Radio units or equipment cabinets holding radio units and mounted
on a utility pole shall be placed as high as possible on a support
SWF Structure, located to avoid interfering with, or creating any
hazard to, any other use of the public Rights-of-Way, and located
on one side of the utility pole. Radio units or equipment cabinets
mounted below the communications space on utility poles shall be designed
so that the largest dimension is vertical, and the width is such that
the radio units or equipment cabinets are minimally visible from the
opposite side of the support SWF Structure on which they are placed.
[3]
Wiring and cabling shall be neat and concealed within or flush
to the SWF Structure, ensuring concealment of these components to
the greatest extent possible.
[4]
Ground-mounted equipment associated with a facility shall be
permitted only when no possibility of pole mounting exists. Ground-mounted
equipment shall be as small and unobtrusive as possible, and match
the aesthetics of other ground-mounted utility equipment in the area.
In no event may ground-mounted equipment interfere with pedestrian
or vehicular traffic.
[5]
In areas were all utilities are provided underground, Co-location
on existing streetlight poles, or replacement of existing streetlight
pole with a new Structure matching the style of the existing streetlight
pole and incorporating a lighting element is preferred. If no streetlight
poles exist in the area proposed, the new SWF Structure shall consist
of a fiberglass or metal pole.
[6]
A new facility must be constructed with materials and colors
that match or blend with the surrounding natural or built environment,
to the maximum extent practicable. Unless otherwise required, muted
colors, earth tones, and subdued hues shall be used.
[7]
Facilities must not be illuminated, except in accordance with
state or federal regulations or if incorporated as part of a streetlight
pole. If incorporated as part of a streetlight pole, the new lights
shall integrate with the existing streetlighting design on file with
the Township. Facility owner shall assume all costs of power and maintenance
for lights on their facility.
[8]
The Permit holder must post an identification Sign at each facility,
including Permit holder emergency telephone numbers and Wireless Service
Provider emergency telephone numbers. The design, materials, colors,
and location of the identification Signs shall be subject to review
and approval by the Township. If at any time a new owner or operator
provider takes over operation of an existing Personal Wireless Service
Facility, the new personal Wireless Service Provider shall notify
the Township of the change in operation within 30 days and the required
and approved Signs shall be updated within 30 days to reflect the
name and phone number of the new Permit holder. The colors, materials
and design of the updated Signs shall match those of the required
and approved Signs. No Sign shall be greater than one square foot
in size.
(2)
Development Standards. Small Wireless Facilities shall be constructed
and/or modified in a manner that:
(a)
Minimizes risks to public safety, such as causing any physical
or visual obstruction to pedestrian, bicycle or vehicular traffic,
creating safety hazards to pedestrians, cyclists, and/or motorists;
(b)
Ensures that placement of facilities on existing SWF Structures
is within the tolerance of those SWF Structures;
(c)
Maintains the integrity and character of the neighborhoods and
corridors in which the facilities are located;
(d)
Ensures that the Township bears no risk or liability as a result
of the installations; and
(e)
Ensures that applicant's Use does not interfere with the
primary uses of the Right-of-Way, or hinder the ability of the Township
or other government entities to improve, modify, relocate, abandon,
or vacate the Right-of-Way or any portion thereof, or to cause the
improvement, modification, relocation, vacation, or Abandonment of
facilities in the Right-of-Way.
C.
Standard of Care. Any Small Wireless Facility shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code, as
the same have been adopted by the Township. Any Small Wireless Facility
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 any Person or any property in the
Township.
D.
Removal. In the event that Use of a Small Wireless Facility 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 Small Wireless Facility or portions of a Small
Wireless Facility shall be removed as follows:
(1)
All Abandoned or unused Small Wireless Facilities and accessory facilities
shall be removed within 60 days of the cessation of operations at
the site unless a time extension is approved by the Township.
(2)
If the Small Wireless Facility or accessory facility is not removed
within 60 days of the cessation of operations at a site, or within
any longer period approved by the Township, the Small Wireless Facility
and/or associated facilities and equipment may be removed by the Township
and the cost of removal assessed against the owner of the Small Wireless
Facility.
E.
Relocation. Except as otherwise prohibited by state or federal law,
a Permit holder must promptly and at its own expense, with due regard
for seasonal working conditions, permanently remove and relocate any
of its Small Wireless Facilities in the Right-of-Way whenever the
Township requests such removal and relocation as provided below. The
Township may only make such a request to prevent the Small Wireless
Facility from interfering with a present or future Township use of
the Right-of-Way; a public improvement undertaken by the Township;
an economic development project in which the Township has an interest
or investment; when the public health, safety, or welfare require
it; or when necessary to prevent interference with the safety and
convenience of ordinary travel over the Right-of-Way. Notwithstanding
the foregoing, a Permit holder shall not be required to remove or
relocate its facilities from any Right-of-Way that has been vacated
in favor of a nongovernmental entity unless and until that entity
pays the reasonable costs of removal or relocation to the Permit holder.
In the event of a relocation under this subsection, Township may waive
any fees relating to an application for a replacement location and
may take such other actions to assist the Permit holder to relocate
the facility as the Township deems necessary.
F.
Restoration. In the event that a Permit holder removes or is required to remove a Small Wireless Facility from the Right-of-Way under this Chapter (or relocated pursuant to Subsection E above), the Permit holder must restore the Right-of-Way to its prior condition in accordance with the Township specifications. However, a Structure owned by another entity authorized to maintain that support Structure in the Right-of-Way need not be removed but must instead be restored to its prior condition. If Permit holder fails to make the restoration required by this Section, the Township at its option may do such work. In that event, the Permit holder shall pay the Township within 30 days of billing therefor, the cost of restoring the Right-of-Way.
G.
Reimbursement for ROW Use. In addition to Permit fees as described
in this Section, every Small Wireless Facility 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
Permit holder of each Small Wireless Facility shall pay an annual
fee to the Township to compensate the Township for the Township's
costs incurred in connection with the activities described above.
The Township shall by resolution establish the annual fees to be assessed
for use and occupancy of the ROW. In addition, the FCC's presumptively
valid fee limits set forth that recurring fees shall be $270 for each
Small Wireless Facility.
H.
Reservation of Police Powers. The Township, by granting any Permit
or taking any other action pursuant to this Chapter, does not waive,
reduce, lessen or impair the lawful police powers vested in the Township
under applicable federal, state and local laws and regulations.
