Borough of Churchill, PA Article V Conditional Uses

§ 304-28 General; uses not listed.

[Amended 6-3-2019 by Ord. No. 749]

Conditional uses as specified in this Article V may be allowed or denied by Council after recommendations by the Planning Commission in accordance with the following criteria and provisions. Any use not identified or addressed in this chapter or listed in Table 201 may also be considered by Council after recommendations from the Planning Commission, subject to the general criteria listed in § 304-31 of this article, entitled "Criteria for approval."

§ 304-29 Application contents.

Applications for conditional uses shall be filed with the Zoning Officer and shall be accompanied by:

A. An application fee in an amount equal to that set by resolution of Council.

B. Seven copies of a site plan and supporting data which shows the size, location and topography of the site, the use of adjacent land, the proposed function of all yards, open spaces, parking areas, driveways, storage areas and accessory structures, the location of all utilities and the timing of construction proposed.

§ 304-30 Review.

The Zoning Officer shall immediately forward copies of the application to Council and to the Planning Commission for review and approval.

A. The Planning Commission shall forward its recommendation within 45 days unless the petitioner agrees, in writing, to a time extension and failure to act within the allotted time shall be deemed to be a favorable recommendation.

B. The Council shall hold a public hearing within 60 days of their receipt of an application for a conditional use and shall render their decision within 60 days of the filing of the application.

C. Site plan approval shall not be official until and unless the site plan as approved by Council and including all conditions of approval by Council is filed with the Zoning Officer within 90 days of approval. All development, construction and use shall be in strict accordance with the approved plan, unless an application for a reviewed site plan is approved in accordance with the provisions of this section. Any development contrary to the approved plan shall constitute a violation of this chapter.

§ 304-31 Criteria for approval.

A conditional use shall be approved if, and only if, it is found to meet the following criteria:

A. The proposed use shall conform to the district and conditional use provisions and all general regulations of this chapter.

B. The proposed use shall meet all special standards which may apply to its class of conditional use as set forth in this article.

C. The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards of § 304-23.

D. The proposed use shall be sited, oriented, landscaped and screened to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.

E. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.

F. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.

G. The proposed use shall promote the objectives of this chapter and shall be consistent with the Comprehensive Plan.

H. The proposed use shall be consistent with past development of the Borough and its current character.

§ 304-32 Multiple-family dwellings.

[Amended 9-11-2023 by Ord. No. 771]

A. A multiple-family dwelling is permitted as a conditional use in all zoning districts where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. No multiple-family dwelling structure shall be built on a lot with an area less than three acres.

C. Proposed development shall have direct access onto a collector street or a principal thoroughfare except in the C-1 Zoning District, where it may be located along an interior or local street as a component of a larger site plan.

D. No existing single-family structure shall be converted to provide housing for more than one family.

E. No structure shall be erected on land which is prone to flooding or has a slope of 25% or greater prior to any grading or on any portion of any site which will subject such structure or structures on any adjacent or nearby properties to excessive erosion or landslide hazards.

F. The facility shall be accessible for firefighting purposes and evacuation at all levels and on all sides.

G. New building design should respect the context of adjacent residential neighborhoods, including the height, scale, mass, form and character of surrounding development.

H. All dumpsters and/or waste collection areas shall be located 50 feet from the nearest residential unit and shall be enclosed by a solid masonry screen wall.

I. The use of alleys or rear access drives is encouraged. In no instance shall off-street parking areas be the focal point for design. Off-street parking areas shall be located to the side or rear of buildings.

J. The maximum height of outdoor parking area and roadway lighting shall be 25 feet.

K. Trees shall be provided no more than 40 feet apart along all public streets, with spacing at irregular intervals as required to accommodate sight distance requirements for driveways and intersections. Trees shall be located within the right-of-way if permitted by the Borough or located no more than 10 feet from the street line if located within a lot. No street tree shall be planted with less than 300 cubic feet of total soil volume.

L. Landscaping buffers along perimeter lot lines shall be at least 20 feet abutting a single-family residential use and at least 10 feet abutting all other uses. Landscaping separating a multifamily structure from a single-family use shall form a filtered screen consisting of a mix of evergreen and deciduous trees and shrubs, with evergreen trees spaced no more than 15 feet on center and deciduous trees spaced no more than 20 feet on center and living ground cover planted to achieve full coverage of the ground surface within three years. All other perimeter landscaping shall form a visual buffer consisting of a mix of evergreen and deciduous trees and shrubs, with trees spaced no more than 25 feet on center; shrubs spaced no more than four feet apart; and living ground cover planted to achieve full coverage of the ground surface within three years.

§ 304-33 Group dwellings.

Group dwellings shall be at least 2,000 feet apart from each other and shall not be located on lots of fewer than 12,000 square feet nor on lots having fewer than 500 square feet for every sleeping room or for every two beds, whichever is greater. Such uses shall have side yards of not fewer 30 feet and shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided, and that the dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility. Group dwellings shall be approved only after Council has found that plans and programs for management of the group dwelling are adequate and appropriate to the population to be housed and that adequate provisions have been made to assure the safety and welfare of the residents of the facility and of the adjacent neighborhood, including parking. Continued operation shall be subject to monitoring by such review agency as may be established and appointed by Council.

§ 304-34 Small community residential facilities.

Small community residential facilities shall be conditionally allowed, provided that the proposed use meets all yard requirements of that district, that the residential facility is adequate for the population to be housed in it and that the proposed use does not unduly interfere with the residential character of the neighborhood in which it is located.

§ 304-35 Large community residential facilities.

Large community residential facilities shall be conditionally allowed, provided that the proposed use meets all yard requirements of that district, that the residential facility is adequate for the population to be housed and that the proposed use does not unduly interfere with the residential character of the neighborhood in which it is located. The sponsoring agency shall name a responsible party with whom complaints can be registered, and shall file annually a statement indicating that the facility continues to meet all conditions of original approval. Any change of sponsorship or in any of the conditions of original approval shall be promptly reported.

§ 304-36 Utility substations and communication towers.

Utility substations and/or communication towers shall meet all yard and setback requirements as provided by this chapter and shall be securely anchored in a fixed location on the ground, and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other such natural forces. The utility substation or communication tower must meet the buffer yard requirements of § 304-13D of this chapter. The lot surrounding the utility substation or communication tower shall have sufficient area on every side such that front, side and rear yard shall each be capable of containing the fallen structure. Whenever possible, the proposed utility station or communication tower will co-locate with another such use to minimize intrusion into residential neighborhoods. Any such use shall be appropriately screened with landscaping to minimize the visual intrusion into residential neighborhoods.

§ 304-36.1 Wireless communications facilities.

[Added 4-10-2023 by Ord. No. 769]

A. This section shall be known as the "Churchill Borough Wireless Communications Facilities Ordinance."

B. The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Churchill Borough. While the municipality recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the municipality also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

C. By enacting this section, the municipality intends to:

(1) Regulate the placement, construction and modification of wireless communication facilities to protect the safety and welfare of the public;

(2) Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of the public and wireless telecommunications operators in accordance with federal and state laws and regulations;

(3) Establish procedures for the design, siting, construction, installation, maintenance and removal of tower-based, non-tower-based, and small wireless communications facilities in the municipality, including facilities both inside and outside the public rights-of-way;

(4) Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

(5) Encourage the co-location of wireless communications facilities on existing wireless support structures rather than the construction of new wireless support structures;

(6) Protect the public from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape;

(7) Ensure that wireless communications facilities will be removed in the event that such wireless communications facilities are abandoned or become obsolete and are no longer necessary; and

(8) Update the municipality's Wireless Communications Facilities Ordinance to incorporate changes in federal and state laws and regulations.

D. In construing this section, the following definitions and standards shall apply:

(1) Certain terms used herein are defined at Part II, Chapter 304, Article II, § 304-8, Word usage; definitions.

(2) Any numbers, abbreviations, terms and words used herein shall have the meanings of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary. Terms of law shall have the meanings as set forth in the latest edition of Black's Law Dictionary.

(3) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; words used in the plural number include the singular; the word "herein" means "in this chapter"; and the words "this chapter" shall mean "this chapter and the tables, maps, fees schedules included herein as enacted or subsequently amended."

(4) The word "person," as used in this chapter shall be defined to include, but not be limited to, an individual, a partnership, a joint venture, a corporation, an unincorporated association, a firm or any other form of entity, contractors, subcontractors or journeymen; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

(5) The "Borough" is the Borough of Churchill in Allegheny County, Commonwealth of Pennsylvania, including the "Council," "Zoning Hearing Board," and "Planning Commission" of the Borough.

(6) "Chapter" as a term of reference in this chapter refers to this chapter.

(7) "Shall" is always mandatory, except "shall" is directory when applied to public officials.

E. The following laws shall apply to all tower-based wireless communications facilities:

(1) Procedures.

(a) Any applicant proposing construction of a new tower-based WCF shall submit plans to the Churchill Borough Enforcement Officer for review by the Planning Commission and for approval by the Borough Council in accordance with the requirements of Part II, Chapter 304, Article V, Conditional Uses, §§ 304-29, 304-30, and 304-31.

(b) The applicant shall prove that it is licensed by the FCC to operate a tower-based WCF and that the proposed tower-based WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

(2) Development requirements. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

(a) Permitted subject to conditions. Any tower-based WCF that is either not mounted on any existing support structure or is more than 25 feet higher than the support structure on which it is mounted is permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality. The Council may grant conditional use in accordance with the procedures and requirements of Part II, Chapter 304, Article V, Conditional Uses, §§ 304-29, 304-30, and 304-31.

[1] Siting. Tower-based WCF shall only be permitted in the following districts by conditional use, subject to the requirements and prohibitions of this section:

[a] C-1 Commercial District.

[2] Coverage or capacity. An applicant for a tower-based WCF must demonstrate that a gap in wireless coverage or capacity exists and that the type of WCF and siting being proposed is the least intrusive means by which to fill the gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the municipality's decision on an application for approval of tower-based WCFs.

[3] Co-location. An applicant for a tower-based WCF must demonstrate there is not suitable space on existing wireless service facilities or other wireless service facility sites or on another sufficiently tall structure where the intended wireless service facility can be accommodated and function as required by its construction permit or license without unreasonable modification.

[4] Site plan. An applicant for a tower-based WCF must submit a full site plan to the Churchill Borough Manager which shall include, but shall not be limited to, the following documentation and materials:

[a] Written authorization from the property owner of the proposed tower-based WCF site that such facility may be sited on the property; written authorization from the property owner consenting to the making of the application to the Borough for conditional use; written acknowledgment from the property owner of being bound by this chapter, the conditions of any site plan approval authorized by the Borough, and all other requirements of the Churchill Borough Code of Ordinances.

[b] A site plan that is drawn to scale and shows the following features: property boundaries; any tower guy wire anchors and other apparatus; existing and proposed support structures; scaled elevation view; access road(s) location and surface material; parking area; fences; power source(s); location and content of (any or warning) signs; exterior lighting specifications; landscaping plan; land elevation contours; existing land uses surrounding the site; proposed transmission building and/or other accessory uses with details; elevations; and proposed use(s).

[c] A written report that includes, but is not limited to, the following documentation and materials: information describing the tower height and design; a cross section of the tower; engineering specifications detailing construction of the tower, base and guy wire anchorage; information describing the proposed painting and lighting schemes; information describing the tower's capacity, including, but not limited to, the number and type of antennas that it can accommodate; radio frequency coverage, including, but not limited to, scatter plot analysis and the input parameters for the scatter plot analysis. All tower structure information shall be certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and their seal affixed to their authored documents; and all wireless telecommunications data shall be certified by an appropriate wireless telecommunications professional.

[d] A written report, titled "Cost of Wireless Facilities Removal," certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of the tower, antenna, and all related facilities.

[e] All other uses ancillary to the tower-based WCF and associated equipment (including, but not limited to, a business office, maintenance depot, or vehicle storage) are prohibited from the tower-based WCF site unless otherwise permitted in the zoning district in which the tower-based WCF site is located.

[f] Where the tower-based WCF is located on a property with another principal use, the applicant shall prove that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.

[g] An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, Nontower, and small WCF, that are either sited within Churchill Borough or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The municipality may share such information with other applicants applying for site plan approvals or conditional use permits under this chapter, or other organizations seeking to locate wireless communication facilities within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

[h] An evaluation of the need for additional buffer yard treatments.

[i] Other information deemed to be necessary by the municipality to assess compliance with this section, or any other requirement under the Churchill Borough Code of Ordinances, state law, or federal law or regulation.

(b) Underground district. A tower-based WCF shall not be located in, or within 300 feet of, an area in which utilities are required to be located underground.

(c) Prohibited in open space and conserved lands. Tower-based WCFs shall not be located within an open space or conserved land.

(d) Prohibited in environmentally sensitive areas. No tower-based WCF shall be located in, or within 500 feet of, the habitat of a threatened or endangered animal species.

(e) Sole use on a lot. A tower-based WCF may be permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

(f) Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another residential, industrial, commercial, institutional or municipal use, subject to the following conditions:

[1] Existing use. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the wireless communications facility.

[2] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

(g) Minimum setbacks for towers. If a new tower is constructed (as opposed to mounting the antenna on an existing tower or wireless support structure), the minimum distance between the tower and any property line or public right-of-way line shall be equal to the height of the tower plus the distance of the corresponding minimum yard setback (front, side and rear) for the zoning district in which the lot is located and any other additional requirements for that zoning district. Guy wires and accessory facilities must also satisfy the minimum zoning district setback requirements.

(h) Minimum setbacks and buffers for accessory structures. All tower-based WCF installations shall comply with the accessory structure setback, buffer, lot, and yard requirements in Part II, Chapter 304, § 304-13, lot and yard requirements, and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased.

(i) Separation. A tower-based WCF with a height greater than 90 feet shall not be located within 1/4 of a mile from any existing tower-based WCF with a height greater than 90 feet.

(3) Timing of determination. All applications for tower-based WCFs shall be acted upon within 150 days following the receipt of both: 1) a fully complete application for the approval of such tower-based WCF and 2) a fully paid, nonrefundable application fee in an amount specified by the Master Fee Schedule. If the municipality receives an application for a tower-based WCF and such application is not fully completed, then the municipality shall promptly notify the applicant that the application is not complete, and the time for the approval of such application shall not commence until a fully complete application is received by the municipality. Unpaid applications are incomplete and not duly filed with the Borough.

(4) Notice. No later than 30 days following the submission of a fully complete application for a tower-based WCF and the scheduling of the public hearing (if required), the applicant shall mail notice to all owners of every property within a 500-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the municipality within 15 days of completion of notification. If a public hearing is required, notice of any hearing before the Borough Council shall be published in a newspaper circulating within Churchill Borough at least 10 days' prior to the date of said hearing; any mailing of notices that may be required by the Borough Council shall be completed at least 10 days before such hearing, and the proof of mailing shall be provided to the municipality at least five days before such hearing. The preparation and cost of publication and mailing of any notice required for such hearing shall be at the cost and expense of the applicant. Proof of mailing to all required property owners shall be demonstrated by providing the municipality with a certificate or proof of mailing (United States Postal Service Form 3817 or 3877).

(5) Co-location.

(a) An application for a new tower-based WCF shall not be approved unless the municipality finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or wireless support structure.

(b) Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall demonstrate to the satisfaction of the municipality, by written submission, that a good-faith effort has been made to obtain permission to mount the tower-based WCF antenna on an existing structure or wireless support structure. The Borough may deny any application to construct a new tower if the applicant has not made a good-faith effort to co-locate the antenna on an existing tower, structure, or other wireless support structure. A good-faith effort shall require that all owners of potentially suitable towers, structures, or wireless support structures within a one-quarter-mile radius of the proposed tower-based WCF site be contacted and that the applicant certifies in writing to the Churchill Borough Manager that one or more of the following reasons for not selecting such structure apply:

[1] The proposed WCF and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at reasonable cost;

[2] The proposed WCF and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at reasonable cost;

[3] Such existing structure does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function; and/or

[4] A commercially reasonable agreement cannot be reached with the owner(s) of such structure.

(6) Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the Communications Infrastructure Contractors Association (formerly National Association of Tower Erectors). Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life or safety of any person or damage any property in the municipality.

(7) Wind and ice. All tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standards promulgated by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). All tower-based WCF structures shall also be designed and constructed to withstand the wind and ice loads for the place of installation in accordance with the Pennsylvania Uniform Construction Code.

(8) Height. Any tower-based WCF shall be designed and constructed at the minimum functional height. All tower-based WCF applicants must submit documentation to the municipality justifying the total height of the structure. In no case shall a tower-based WCF exceed a maximum height of 150 feet.

(9) Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(10) Maintenance. The following maintenance requirements shall apply:

(a) Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.

(c) All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.

(d) The municipality reserves the authority to require the cleaning, repainting, or repair of a tower-based WCF, including, but not limited to, the tower, accessory equipment, and any other area where the exterior surface or appearance of such facility is not regularly or properly maintained, cleaned, repainted, or repaired.

(e) Tower-based WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.

(11) Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Manager on an annual basis, or within 30 days following a written request by the Borough. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The municipality reserves the authority to revoke the permit of any tower-based WCF that: 1) fails to timely submit proof of compliance or 2) that is generating radio frequency emissions in excess of the standards and regulations of the FCC.

(12) Historic buildings and districts. No tower-based WCF may be located in or within 100 feet of any historic or preservation district, property, building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality, or so designated as a landmark.

(13) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No other signage or display is permitted.

(14) Lighting. Tower-based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide to the Borough a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

(15) Emergency power supplies. Any tower-based WCF shall be constructed with both primary and secondary sources of electric power. The secondary source of electric power shall be an electric generator, located on-site and equipped with sufficient power reserves to supply continuous electric power to operate the tower-based WCF and its antennas for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The WCF operator may activate the electric generator on weekdays, between 9:00 a.m. and 5:00 p.m. excluding federal holidays, to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator delivers written notice to the Borough Manager at least five business days' prior to such electric generator testing or electric generator maintenance.

(16) Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Churchill Borough Code of Ordinances, except as provided with respect to the use of an electrical generator in this chapter, where such noise standards may be exceeded on a temporary basis only.

(17) Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(18) Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the tower-based WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed and -registered and active professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or erection of tower-based WCFs, and their seal affixed to their authored documents. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support structures. A copy of said inspection report and certification of continued use shall be provided to the Borough Manager following the inspection. Any repairs advised by the report shall be completed by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the tower-based WCF structure shall again be inspected in accordance with the parameters and requirements described herein.

(19) Retention of consultants and experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.

(20) Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.

(21) Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough Manager, at least 90 days in advance of the discontinuance date, of its intent to discontinue use and the date when the use shall be discontinued.

(a) All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the municipality.

(b) If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and accessory facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF. Any cost to the municipality for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the tower-based WCF is situated and shall be collected in the same manner as a municipal tax on real property.

(c) Any unused portions of tower-based WCFs, including, but not limited to, antennas, shall be removed within six months of the time of cessation of operations. The municipality must approve all replacements of portions of a tower-based WCF previously removed.

(22) Public rights-of-way. No tower-based wireless communications facility shall be located, in whole or in part, within the public rights-of-way.

(23) Eligible facilities request.

(a) Applicants proposing a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying wireless support structure shall be required only to obtain a building permit from the municipality.

(b) In order to be considered for such permit, the tower-based WCF applicant must submit a building permit application to the municipality in accordance with the Churchill Borough Code of Ordinances.

(c) In order to be considered for such permit, the tower-based WCF applicant must also submit a certified engineering report from a registered and active professional engineer (P.E.), licensed by the Commonwealth of Pennsylvania, who is regularly involved in the maintenance, inspection, and/or modification of tower-based WCFs, and their seal affixed to their authored documents.

(d) The timing of determination for tower-based WCF operators proposing a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be as follows:

[1] Within 30 calendar days of the date that an application for a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying structure or wireless support structure is filed with the Borough, the municipality shall notify the applicant in writing if the application is incomplete and shall advise of any information that may be required to complete such application.

[2] An application for a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be deemed complete when all documents, information and fees required by the municipality's regulations, laws and forms pertaining to the location, modification or operation of wireless communications facilities are submitted by the applicant to the municipality. In case of incompleteness of the application, the municipality shall promptly notify the applicant that the application is not complete, and the time for the approval of such application shall not commence until a fully complete application is received by the municipality.

[3] Within 60 days of receipt of a complete application for a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying structure or wireless support structure, the Borough shall make a final decision on whether to approve or deny the application and shall notify the tower-based WCF applicant in writing of such decision.

(e) Within 30 days of completion of any modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying wireless support structure, the applicant shall have said modifications inspected by a Pennsylvania-licensed and -registered and active professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of tower-based WCFs, and their seal affixed to their authored documents. A copy of said inspection report and certification of continued use shall be provided to the Borough Manager following the inspection. Any repairs advised by the report shall be completed by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the tower-based WCF shall again be inspected in accordance with the parameters and requirements described herein.

(24) Design regulations.

(a) Any height extensions to an existing tower-based WCF shall require prior approval of the municipality. The municipality reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the municipality.

(b) The tower-based WCF shall employ the most current and effective stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the municipality.

(c) Any proposed tower-based WCF shall be designed and constructed in all respects, including, but not limited to, structurally and electronically, to accommodate both the tower-based WCF applicant's antennas and comparable antennas for future users.

(d) All utilities that are extended to the site of the tower-based WCF shall be placed underground.

(25) Surrounding environs.

(a) The tower-based WCF operator shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based WCF structure shall be preserved to the maximum extent possible.

(b) The tower-based WCF applicant shall include in its site plan submission pursuant to this chapter a soil report to the municipality complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

(26) Fence/screen.

(a) A security fence having a height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

(b) An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

(c) Existing mature tree growth, vegetation, and natural land forms on and around the site shall be preserved to the maximum extent possible. In some cases, such as tower-based WCF sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(27) Accessory equipment.

(a) Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.

(b) All utility buildings and accessory structures shall be architecturally designed and constructed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(28) Additional antenna. As a condition of approval for all tower-based WCFs, the applicant shall provide the municipality with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the municipality.

(29) Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the municipality that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width, and the access shall be improved to a width of at least 10 feet with a dust-free, all-weather surface throughout its entire length.

(30) Bond. Prior to the issuance of a conditional use permit, a tower-based WCF applicant shall, at its own cost and expense, obtain, from a surety licensed to do business in Pennsylvania, and maintain a bond or other form of security acceptable to the Borough Solicitor. The bond shall provide that the municipality may recover from the principal and surety any and all compensatory damages incurred by the municipality for violations of this section, including, but not limited to, legal fees and expenses in enforcing the law, after reasonable notice and opportunity to cure. The owner shall file the bond with the municipality and maintain the bond for the life of the respective facility. The owner of the tower-based WCF shall maintain a bond in the following amounts:

(a) An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

(b) An amount determined by the Borough Council, based on engineering estimates, to cover the cost of removing and disposing of the antenna, tower, and related facilities. The Borough Council may consider, but shall not be required to rely upon, the applicant's written report, titled "Cost of Wireless Facilities Removal," certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

(c) From time to time, but no more frequently than once during any five-year period, the Borough Council, at its sole discretion, may adjust the amount of the bond and require the submission of a new or modified bond based on engineering estimates of the cost of the removal and disposal of the tower, antenna, and associated facilities. The wireless communications facility operator may submit a written report, titled "Adjusted Cost of Tower-Based Wireless Facilities Removal," certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and containing engineering estimates of the cost of the removal and disposal of the tower, antenna, and associated facilities to the Borough Council. The Borough Council may consider, but shall not be required to rely upon, the operator's written report in determining the adjusted bond amounts.

(31) Visual or land use impact. The municipality reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

(32) Graffiti. Any graffiti on the tower-based WCF, including, but not limited to, the wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.

(33) Inspection by municipality. The municipality reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions of the Churchill Borough Code of Ordinances or state or federal law or regulation. The municipality and/or its agents shall have the authority to enter the property upon which a tower-based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

F. The following laws shall apply to all non-tower wireless communications facilities:

(1) Procedures.

(a) Any applicant proposing a non-tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings to the Churchill Borough Manager indicating how the non-tower WCF will be mounted on the structure, for review by the Churchill Borough Planning Commission and for approval by the Borough Council, as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality.

(b) The applicant shall prove that it is licensed by the FCC to operate a nontower WCF and that the proposed non-tower WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

(2) Development requirements. Nontower wireless communications facilities shall be co-located on existing structures, such as existing buildings or wireless support structures, subject to the following conditions:

(a) Permitted subject to conditions. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts as a conditional use upon review by the Churchill Borough Planning Commission and approval by the Churchill Borough Council, in accordance with the procedures and requirements of Part II, Chapter 304, Article V, Conditional Uses, §§ 304-29, 304-30, and 304-31.

[1] Siting. Nontower WCF are permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of this section:

[a] C-1 Commercial District;

[b] C-2 Commercial District;

[c] R-1 Residential District;

[d] R-2 Residential District;

[e] R-3 Residential District;

[f] R-4 Residential District; and

[g] R-5 Residential District.

[2] Height. Any non-tower WCF shall not exceed the maximum height permitted in the applicable zoning district.

[3] Equipment building. If the non-tower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[4] Fencing. A security fence having a height of six feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

[5] Residential attachment prohibited. Nontower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.

(3) Site plan. An applicant for a non-tower WCF must submit a full site plan to the Churchill Borough Manager which shall include:

(a) Written authorization from the wireless support structure owner of the proposed non-tower WCF site that such facility may be sited on the wireless support structure; written authorization from the wireless support structure owner consenting to the making of the application to the municipality for conditional use; written acknowledgment from the wireless support structure owner of being bound by this chapter, the conditions of any site plan approval authorized by the municipality, and all other requirements of the Churchill Borough Code of Ordinances.

(b) A site plan that is drawn to scale and shows the following features: property boundaries; existing and proposed structures; existing and proposed use(s); existing and proposed antennae; existing or proposed electrical power source; and scaled elevation view.

(c) A written report including, but not limited to: information describing the antenna height and design; a cross section of the wireless support structure; engineering specifications detailing attachment of the antenna to the wireless support structure; information describing the proposed painting and lighting schemes; radio frequency coverage including, but not limited to, scatter plot analysis and the input parameters for the scatter plot analysis; all wireless support structure information to be certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, and their seal affixed to their authored documents; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.

(d) A written report, titled "Cost of Nontower Wireless Facilities Removal," certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of antennas and related facilities.

(e) An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, non-tower, and small WCF, that are either sited within Churchill Borough or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Borough may share such information with other applicants applying for site plan approvals or conditional use under this section or other organizations seeking to locate antennas within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(f) Other information deemed to be necessary by the municipality to assess compliance with this section, or any other requirement under the Churchill Borough Code of Ordinances, state law, or federal law or regulation.

(4) Eligible facilities request.

(a) Applicants proposing a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be required only to obtain a building permit from the municipality.

(b) In order to be considered for such permit, the non-tower WCF applicant must submit a building permit application to the municipality in accordance with the Churchill Borough Code of Ordinances.

(c) In order to be considered for such permit, the non-tower WCF applicant must also submit a certified engineering report from a registered and active professional engineer (P.E.), licensed by the Commonwealth of Pennsylvania, who is regularly involved in the maintenance, inspection, and/or modification of non-tower WCFs, and their seal affixed to their authored documents.

(d) The timing of determination for non-tower WCF operators proposing a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be as follows:

[1] Within 30 calendar days of the date that an application for a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure or wireless support structure is filed with the Borough, the municipality shall notify the applicant in writing if the application is incomplete and shall advise of any information that may be required to complete such application.

[2] An application for a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be deemed complete when all documents, information and fees required by the municipality's regulations, laws and forms pertaining to the location, modification or operation of wireless communications facilities are submitted by the applicant to the municipality. In case of incompleteness of the application, the municipality shall promptly notify the applicant that the application is not complete, and the time for the approval of such application shall not commence until a fully complete application is received by the municipality.

[3] Within 60 days of receipt of a complete application for a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure or wireless support structure, the Borough shall make a final decision on whether to approve or deny the application and shall notify the non-tower WCF applicant in writing of such decision.

(e) Within 30 days of completion of any modification to an existing nontower WCF that does not substantially change the dimensions of the underlying wireless support structure, the applicant shall have said modifications inspected by a Pennsylvania-licensed and -registered and active professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of non-tower WCFs. A copy of said inspection report and certification of continued use shall be provided to the Borough Manager following the inspection. Any repairs advised by the report shall be completed by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the non-tower WCF shall again be inspected in accordance with the parameters and requirements described herein.

(5) Visual or land use impact. The municipality reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

(6) Historic buildings and districts. No non-tower WCF may be located on, or within 100 feet of, any historic or preservation district, property, or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality, or so designated as a landmark.

(7) Prohibited in open space and conserved lands. Nontower WCFs shall not be located within an open space or conserved land.

(8) Timing of determination. All applications for non-tower WCFs shall be acted upon by the municipality within 90 days following the receipt of both: 1) a fully complete application for the approval of such WCF, and 2) a fully paid, nonrefundable application fee in an amount specified by the Master Fee Schedule. If the municipality receives an application for a non-tower WCF and such application is not fully completed, then the municipality shall notify the applicant in writing within 30 days that the application is not complete and the time for the approval of such application shall not commence until a fully complete application is received by the municipality. Unpaid applications are incomplete and not duly filed with the Borough.

(9) Retention of consultants and experts. The municipality may hire any consultant(s) and/or expert(s) necessary to assist the municipality in reviewing and evaluating the application for approval of the non-tower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the non-tower WCF shall reimburse the municipality for all reasonable costs of the municipality's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.

(10) Bond. Prior to the issuance of conditional use, the owner of a non-tower WCF shall, at its own cost and expense, obtain, from a surety licensed to do business in Pennsylvania, and maintain a bond or other form of security acceptable to the Borough Solicitor. The bond shall provide that the municipality may recover from the principal and surety any and all compensatory damages incurred by the municipality for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the municipality and maintain the bond for the life of the respective facility. The owner of the nontower WCF shall maintain a bond in the following amounts:

(a) An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

(b) An amount determined by the Borough Council, based on engineering estimates, to cover the cost of removing and disposing of the antenna and related facilities. The Borough Council may consider, but shall not be required to rely upon, the applicant's written report, titled "Cost of Nontower Wireless Facilities Removal," certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

(c) From time to time, but no more frequently than once during any five-year period, the Borough Council, at its sole discretion, may adjust the amount of the bond and require the submission of a new or modified bond based on engineering estimates of the cost of the removal and disposal of the antenna and associated facilities. The wireless communications facility operator may submit a written report, titled "Adjusted Cost of Nontower Wireless Facilities Removal," certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and containing engineering estimates of the cost of the removal and disposal of the antenna and associated facilities to the Borough Council. The Borough Council may consider, but shall not be required to rely upon, the operator's written report in determining the adjusted bond amounts.

(11) Design regulations.

(a) Nontower WCFs shall employ stealth technology and be treated to match the supporting structure or wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the municipality.

(b) Nontower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the non-tower WCF applicant obtains a variance.

(c) All non-tower WCF applicants must submit documentation to the municipality justifying the total height of the non-tower support structure or wireless support structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

(d) Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

(12) Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life or safety of any person or damage any property in the municipality.

(13) Wind and ice. All non-tower WCF structures shall be designed and constructed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). All non-tower WCF structures shall also be designed and constructed to withstand the wind and ice loads for the place of installation in accordance with the Pennsylvania Uniform Construction Code.

(14) Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(15) Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such non-tower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Manager on an annual basis, or within 30 days following a written request by the Borough. A non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The municipality reserves the authority to revoke the permit of any non-tower WCF that 1) fails to timely submit proof of compliance or 2) is generating radio frequency emissions in excess of the standards and regulations of the FCC.

(16) Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(17) Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and -registered and active professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of non-tower WCFs, and their seal affixed to their authored documents. A copy of said inspection report and certification of continued use shall be provided to the Borough Manager following the inspection. Any repairs advised by the report shall be completed by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the non-tower WCF shall again be inspected in accordance with the parameters and requirements described herein.

(18) Maintenance. The following maintenance requirements shall apply:

(a) The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the municipality's residents.

(c) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(d) The municipality reserves the authority to require the cleaning, repainting, or repair of a non-tower WCF, including, but not limited to, the antennas, accessory equipment, and any other area where the exterior surface or appearance of such facility is not regularly or properly maintained, cleaned, repainted, or repaired.

(e) Nontower WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.

(19) Upgrade; replacement; modification.

(a) The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading, replacing, modifying, or repairing the non-tower WCF is permitted, so long as such upgrade, replacement, modification, or repair does not increase the overall size of the non-tower WCF or the number of antennas.

(b) Any material modification to a non-tower WCF shall require a prior amendment to the original permit or authorization.

(20) Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a) All abandoned or unused non-tower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the municipality.

(b) If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and/or related facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF. Any cost to the municipality for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the non-tower WCF is situated and shall be collected in the same manner as a municipal tax on real property.

(21) Graffiti. Any graffiti on the non-tower WCF, including, but not limited to, the antennas, the wireless support structure, or on any communications equipment or accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.

(22) Public rights-of-way. No non-tower WCF shall be located, in whole or in part, within the public rights-of-way.

(23) Signs. All non-tower WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No other signage or display is permitted.

(24) Lighting. Nontower WCF shall not be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

(25) Emergency power supplies. Where practicable, non-tower WCF shall be constructed with both primary and secondary sources of electric power. If included, the secondary source of electric power shall be an electric generator, located on-site and equipped with sufficient fuel reserves to supply continuous electric power to operate the non-tower WCF and its antennae for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The WCF operator may activate the electric generator to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator delivers written notice to the Borough Manager at least five business days' prior to such electric generator testing or electric generator maintenance.

(26) Noise. Nontower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Churchill Borough Code of Ordinances, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.

(27) Inspection by municipality. The municipality reserves the right to inspect any nontower WCF to ensure compliance with the provisions of this section and any other provisions found within the Churchill Borough Code of Ordinances or state or federal law or regulation. The municipality and/or its agents shall have the authority to enter the property upon which a non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

G. The following laws shall apply to small wireless communications facilities:

(1) Development requirements.

(a) Small WCF are permitted by approval from the Borough in all zoning districts, subject to the requirements of this section and generally applicable permitting as required by the Churchill Borough Code of Ordinances.

(b) Small WCF located within districts that require utilities to be located underground shall be co-located on existing or replacement wireless support structures. No new wireless support structure may be installed for the purpose of supporting a small WCF within districts, or subportions thereof, that require utilities to be located underground.

(c) Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.

(d) All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act[1] and all applicable streets and sidewalks requirements in the Churchill Borough Code of Ordinances.

[1] Editor's Note: See 42 U.S.C.§ 12101 et seq.

(e) Small WCFs shall not be located or attached on single-family detached residences, single-family attached residences, or any accessory residential structure.

(2) Procedures.

(a) Any applicant proposing a small WCF shall submit an application to the Borough Manager for site plan review and administrative determination.

(b) The applicant shall prove that it is licensed by the FCC to operate a small WCF and that the proposed small WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

(c) The applicant shall provide a written report, titled "Cost of Small Wireless Facilities Removal," certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of the small WCF and all related facilities, and restoring the public rights-of-way in as reasonably good condition as before the existence of the facility.

(3) Timing of determination. All applications for small WCFs shall be acted upon by the municipality within a specific number of days following the receipt of both: 1) a fully complete application for the approval of such small WCF and 2) a fully paid, nonrefundable application fee in an amount specified by the Master Fee Schedule. Unpaid applications are incomplete and not duly filed with the Borough. The timing of determination for small WCF applicants shall be as follows:

(a) Within 10 calendar days of the date that an application for a small WCF is filed with the Borough Manager, the municipality shall notify the WCF applicant in writing if an application is incomplete and shall advise the WCF applicant of any information that may be required to complete such application.

(b) Within 60 days of receipt of a complete application for co-location of a small WCF on a preexisting wireless support structure, the Borough shall make a final decision on whether to approve or deny the application and shall notify the WCF applicant in writing of such decision.

(c) Within 90 days of receipt of a complete application for a small WCF requiring the installation of a new wireless support structure, the Borough shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(4) Basis of denial of application. The Borough retains the authority to deny an application to construct, place, modify, or operate a small WCF in the public rights-of-way if any of the following apply:

(a) The small WCF materially interferes with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327)[2] or similar federal or state standards regarding pedestrian access or movement.

[2] Editor's Note: See 42 U.S.C.§ 12101 et seq.

(b) The small WCF fails to comply with the Churchill Borough Code of Ordinances, or any other applicable codes.

(c) The small WCF fails to comply with the requirements specified under the Pennsylvania small Wireless Facilities Deployment Act,[3] or any other applicable state law.

[3] Editor's Note: See 53 P.S. § 11704.1 et seq.

(d) The small WCF fails to comply with the requirements specified under federal law and FCC regulation.

(e) The applicant fails to submit a written report by a Pennsylvania-licensed and-registered and active professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs, and their seal affixed to their authored documents, demonstrating that the small WCF in the public rights-of-way will comply with all applicable FCC regulations.

(5) Documentation of denial in writing. Within the applicable shot clock time frames established by this section, the municipality shall document the basis for an application denial, in writing, including, but not limited to, the specific provisions of applicable codes on which the denial was based, and shall send the documentation to the applicant within five business days following the denial of an application to construct, place, modify or operate a small WCF in the public rights-of-way.

(6) Opportunity to cure. Following the determination to deny an application to construct, place, modify or operate a small WCF in the public rights-of-way, the applicant may cure the deficiencies identified by the Borough and resubmit the application to construct, place, modify or operate a small WCF in the public rights-of-way within 30 days following receipt of the Borough's written basis for the denial. Upon eligible resubmission, the applicant shall not pay any additional application fees.

(7) Municipal review upon eligible resubmission. The Borough shall approve or deny the revised application to construct, place, modify or operate a small WCF in the public rights-of-way within 30 days following the application being resubmitted for review and determination. Any subsequent review by the Borough shall be limited to the deficiencies cited in the Borough's written denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the Borough shall automatically be granted an additional 15 days on the shot clock time frame to review the resubmitted application and may charge an additional fee for the review. No applicant shall make more than one resubmission per initial denial of an application to construct, place, modify or operate a small WCF in the public rights-of-way.

(8) Eligible facilities request.

(a) Small WCF operators proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be required only to obtain a building permit from the municipality.

(b) In order to be considered for such permit, the small WCF operator must submit a building permit application to the municipality in accordance with the Churchill Borough Code of Ordinances.

(c) In order to be considered for such permit, the small WCF applicant must also submit a certified engineering report from a registered and active professional engineer (P.E.), licensed by the Commonwealth of Pennsylvania, who is regularly involved in the maintenance, inspection, and/or modification of small WCFs, and their seal affixed to their authored documents.

(d) The timing of determination for small WCF operators proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be as follows:

[1] Within 30 calendar days of the date that an application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure is filed with the Borough, the municipality shall notify the applicant in writing if the application is incomplete and shall advise of any information that may be required to complete such application.

[2] An application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be deemed complete when all documents, information and fees required by the municipality's regulations, laws and forms pertaining to the location, modification or operation of wireless communications facilities are submitted by the applicant to the municipality. In case of incompleteness of the application, the municipality shall promptly notify the applicant that the application is not complete, and the time for the approval of such application shall not commence until a fully complete application is received by the municipality.

[3] Within 60 days of receipt of a complete application a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure, the Borough shall make a final decision on whether to approve or deny the application and shall notify the WCF applicant in writing of such decision.

(e) Within 30 days of completion of any modification to an existing small WCF that does not substantially change the dimensions of the underlying wireless support structure, the applicant shall have said modifications inspected by a Pennsylvania-licensed and -registered and active professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs, and their seal affixed to their authored documents. A copy of said inspection report and certification of continued use shall be provided to the Borough Manager following the inspection. Any repairs advised by the report shall be completed by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of the aforesaid repairs, the small WCF shall again be inspected in accordance with the parameters and requirements described herein.

(9) Nonconforming wireless support structures. Small WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

(10) Application fees. The municipality may assess appropriate and reasonable application fees directly related to the municipality's actual costs in reviewing and processing the application for approval of a small WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the Master Fee Schedule.

(11) Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code (UCC), or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the municipality.

(12) Historic buildings and districts. No small WCF may be located on, or within 100 feet of, any historic or preservation district, property, building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality, or so designated as a landmark.

(13) Wind and ice. All small WCF shall be designed and constructed to withstand the effects of wind and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry standard applicable to the structure. All small WCF structures shall also be designed and constructed to withstand the wind and ice loads for the place of installation in accordance with the Pennsylvania Uniform Construction Code.

(14) Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Manager on an annual basis, or within 30 days following a written request by the Borough. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The municipality reserves the authority to revoke the permit of any small WCF that: 1) fails to timely submit proof of compliance or 2) is generating radio frequency emissions in excess of the standards and regulations of the FCC.

(15) Time, place and manner. The municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

(16) Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the municipality.

(17) Graffiti. Any graffiti on the small WCF, including, but not limited to, the antennas, the structure, the wireless support structure, or any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.

(18) Maintenance. The following maintenance requirements shall apply:

(a) Any small WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.

(c) All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.

(d) The municipality reserves the authority to require the cleaning, repainting, or repair of a small WCF, including, but not limited to, the antennas, wireless support structure, accessory equipment, and any other area where the exterior surface or appearance of such facility is not regularly or properly maintained, cleaned, repainted, or repaired.

(e) Small WCF operators bear sole financial responsibility for all maintenance or emergency repair costs. The financial responsibility of small WCF operators for maintenance or emergency repair costs is exclusive and independent from the municipality's costs in managing and maintaining the public rights-of-way.

(19) Design standards. All small WCF in the municipality shall comply with the requirements of the Churchill Borough Small Wireless Communications Facility Design Manual, a copy of which is on file with the municipality.

(20) Co-location requirement. An application for a small WCF with a new wireless support structure in the public rights-of-way shall not be approved unless the municipality finds that the proposed small WCF cannot be accommodated on an existing structure or wireless support structure, such as a utility pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable structures or wireless support structures within a one-quarter-mile radius from the point of the proposed small WCF, unless the applicant can show to the satisfaction of the municipality that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower, structure, or other suitable wireless support structure cannot be utilized.

(21) Limitation on concurrent co-location applications. Any person seeking to co-locate a small WCF in the public rights-of-way may submit a consolidated application for co-location of small WCF, which shall include no more than 20 concurrent applications to co-locate small WCF in the public rights-of-way. No person shall submit more than one consolidated application to co-locate small WCF in the public rights-of-way, or 20 individual applications to co-locate small WCF in the public rights-of-way during any thirty-day period of time. If one consolidated application for co-location of small WCF in the public rights-of-way, or 20 individual applications to co-locate small WCF in the public rights-of-way, are received by the Borough during any forty-five-day period of time, then the Borough's applicable shot clocks, as specified in this section, shall be automatically, and without public notice, extended by a time period of 15 days following submission of the aforesaid application(s).

(22) Relocation or removal of facilities. Within 90 days following written notice from the municipality, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small WCF when the municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a) The construction, repair, maintenance or installation by the municipality or other public improvement in the public rights-of-way;

(b) The operations of the municipality or other governmental entity in the right-of-way;

(c) Vacation of a street or road or the release of a utility easement; or

(d) An emergency as determined by the municipality.

(23) Noise. Small WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Churchill Borough Code of Ordinances.

(24) Height. Any small WCF shall not exceed the maximum height permitted in the applicable zoning district.

(25) Retention of consultants or experts. The municipality may hire any consultant(s) and/or expert(s) necessary to assist the municipality in reviewing and evaluating the application for approval of the small WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the small WCF shall reimburse the municipality for all reasonable costs of the municipality's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities, provided that such costs are a reasonable approximation of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.

(26) Repair to public property. Whenever the operator of small WCF or any of its agents, including, but not limited to, any contractor or subcontractor, takes up or disturbs any pavement, sidewalk or other improvement of any public or municipal property, the same shall be replaced and the surface restored in as reasonably good condition as before the disturbance within 10 business days of the completion of the disturbance, weather permitting. Upon failure of the small WCF operator to comply within the time specified and the Borough having notified the small WCF operator in writing of the restoration and repairs required, the Borough may cause proper restoration and repairs to be made, and the expense of such work shall be paid by the small WCF operator upon demand by the Borough.

(27) Bond. Prior to the issuance of a permit, the owner of a small WCF shall, at its own cost and expense, obtain, from a surety licensed to do business in Pennsylvania, and maintain a bond or other form of security acceptable to the Borough Solicitor. The bond shall provide that the municipality may recover from the principal and surety any and all compensatory damages incurred by the municipality for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the municipality and maintain the bond for the life of the respective facility. The owner of the small WCF shall maintain a bond in the following amounts:

(a) An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

(b) An amount determined by the Borough Council, based on engineering estimates, to cover the cost of removing and disposing of the antenna and related facilities, and restoring the public rights-of-way. The Borough Council may consider, but shall not be required to rely upon, the applicant's written report, titled "Cost of Small Wireless Facilities Removal," certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

(c) From time to time, but no more frequently than once during any five-year period, the Borough Council, at its sole discretion, may adjust the amount of the bond and require the submission of a new or modified bond based on engineering estimates of the cost of the removal and disposal of the antenna and associated facilities, and restoring the public rights-of-way. The wireless communications facility operator may submit a written report, titled "Adjusted Cost of Small Wireless Facilities Removal," certified by a registered and active professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and containing engineering estimates of the cost of the removal and disposal of the antenna and associated facilities, and restoring the public rights-of-way, to the Borough Council. The Borough Council may consider, but shall not be required to rely upon, the operator's written report in determining the adjusted bond amounts.

(28) Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the small WCF shall have said small WCF inspected by a Pennsylvania-licensed and -registered and active professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs, and their seal affixed to their authored documents. A copy of said inspection report and certification of continued use shall be provided to the Borough Manager following the inspection. Any repairs advised by the report shall be completed by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the small WCF shall again be inspected in accordance with the parameters and requirements described herein.

(29) Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the municipality's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the municipality's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the municipality. The owner of each small WCF shall pay an annual fee to the municipality, in an amount specified by the Master Fee Schedule, to compensate the municipality for the municipality's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission. The municipality reserves the authority to revoke the permit of any small WCF that fails to timely remit payment of any small WCF right-of-way fee to the municipality.

(30) Removal. In the event that use of a small WCF is discontinued, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a) All abandoned or unused small WCFs and accessory facilities shall be removed, and the location restored, within one month of the cessation of operations at the site unless a time extension is approved by the municipality.

(b) Upon removal of the facility, the small WCF owner and/or operator shall repair and restore the site, including, but not limited to, the premises and the surrounding environs, to alleviate the aesthetic impact. The municipality reserves the right to specify minimum standards of repair and restoration of a location based upon aesthetic and land use impact, or any other lawful considerations related to the character, operation, or functionality of the municipality.

(c) If the small WCF, accessory facilities, and wireless support structure are not removed, or the location completely restored within one month of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and/or related facilities and equipment may be removed by the municipality, and the location restored, and the cost of removal and/or restoration assessed against the owner of the WCF. Any cost to the municipality for such removal and/or restoration shall be paid under the owner's bond.

(d) Any unused portions of small WCFs, including, but not limited to, antennas, equipment, and wireless support structures, shall be removed within one month of the time of cessation of operations and such location(s) restored. The municipality must approve all replacements of portions of a small WCF previously removed.

(31) Inspection by municipality. The municipality reserves the right to inspect any small WCF to ensure compliance with the provisions of this section and any other provisions of the Churchill Borough Code of Ordinances or state or federal law or regulation. The municipality and/or its agents shall have the authority to enter the property or public rights-of-way upon which a small WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

H. The following laws shall apply to all wireless communications facilities:

(1) Municipal property. Nothing in this section shall be deemed to create any offer, right, or entitlement to use municipal property for the construction or operation of tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by Churchill Borough may be exempt from the requirements of this section. The Borough Council retains the right to require applicants to obtain site plan approval from it in accordance with the requirements of this section. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on municipal property or the public rights-of-way until a license or lease agreement authorizing such wireless facility has been approved by the Borough Council.

(2) Repairing damaged public property. If any permitted wireless communications facility operator, or any agent, including, but not limited to, any contractor or subcontractor, damages any public or municipal property in the Borough, the permitted wireless communications facility operator will repair or replace, as applicable, the property to its prior condition. Repairs or replacements will be completed within 15 days of the occurrence of the damage. If the permitted wireless communications facility operator or agent reasonably requires a longer period to complete the repairs or replacement, the permitted wireless communications facility operator or agent and the Borough will mutually agree on the revised timeline for the repair or replacement. Upon failure of the permitted wireless communications facility operator or agent to comply within the time specified and the Borough having notified the permitted wireless communications facility operator in writing of the restoration and repairs required, the Borough may cause proper restoration and repairs to be made, and the expense of such work shall be paid by the permitted wireless communications facility operator upon demand by the Borough.

(3) Penalties. Any person violating any provision of this section shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $1,000 for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the municipality may apply to a court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.

(4) Determination of violation. In the event the municipality determines that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the municipality may, in its sole discretion, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the municipality may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.

(5) Revocation of permitted use. Any permit granted under this section may be revoked by the Borough Council after a hearing, conducted on at least 15 days' written notice to the owner of the wireless communications facility and any related facilities, and an opportunity to be heard. If at such hearing the Borough Council determines that substantial evidence exists that the wireless communications facility and related facilities constitute a threat to public safety, health, or welfare, or that the conditions of the permit have been materially violated, the Borough Council may revoke the permit.

(6) Fee payments are nonrefundable. All fees paid to the municipality, including, but not limited to, application fees and permit fees, are nonrefundable and will not be returned to the applicant.

I. Insurance.

(1) Requirement of insurance. Each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall purchase and maintain, at its sole expense, certain insurance coverages of specified minimum rating, as listed herein, and shall provide documentation to the Churchill Borough Manager, upon request, and as provided herein.

(2) No payment or reimbursement. Each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall be solely responsible for bearing the costs of furnishing and maintaining all required insurance coverages of specified minimum rating, as listed herein. The municipality shall not provide direct payment or reimbursement to persons for the costs of maintaining, or the costs of furnishing, the required insurance coverages.

(3) Specified minimum insurance ratings, registration, and additional endorsement. All insurance carriers listed in the certificate(s) of insurance for the required insurance coverages shall have, at minimum, a credit rating of "Rated A-VII or Better" from the AM Best Company and shall be licensed in the Commonwealth of Pennsylvania. Each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall name Churchill Borough as an additional insured by endorsement on the certificate(s) of insurance.

(4) Furnishment of certificates prior to commencement. Prior to the commencement of any construction, operation, maintenance, or removal, each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall furnish certificates of insurance to the Churchill Borough Manager evidencing coverage in compliance with the regulations herein. The failure of the Borough to object to the contents of the certificate(s) of insurance or absence of same shall not be deemed a waiver of any legal rights held by the Borough.

(5) Revocation of permit. The failure of any person to construct, operate, maintain, or remove a wireless communications facility without complying with the insurance coverage and administrative requirements herein shall constitute an emergency. Upon such emergency, the municipality reserves the authority to revoke the permit of any wireless communications facility for failure to comply with the insurance coverage and administrative requirements herein.

(6) Minimum insurance requirements. Each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall maintain the following minimum insurance coverages:

(a) Workers' compensation and employers liability policy, covering operations in the Commonwealth of Pennsylvania. Where applicable, U.S. Longshore and Harbor Workers' Compensation Act endorsement and maritime coverage endorsement shall be attached to the policy. Evidence must be provided to the Churchill Borough Manager. Waiver of subrogation shall be included with documentation provided to the Churchill Borough Manager.

(b) Commercial general liability policy, with limits of no less than $1,000,000 each occurrence, per WCF location and $2,000,000 general aggregate, per WCF location, with limits for bodily injury and property damage, and shall contain the following coverages and endorsements:

[1] Premises and operations;

[2] Products/completed operations;

[3] Independent contractors;

[4] Personal and advertising injury;

[5] Blanket contractual liability;

[6] Explosion, collapse, underground liability (XCU);

[7] Churchill Borough and their assigns, officers, employees, volunteers, representatives and agents should be named as an additional insured on the policy using ISO Additional Insured Endorsement CG 20 10 11/85 or an endorsement providing equivalent or broader coverage and shall apply on a primary and noncontributory basis, including any self-insured retentions.

[8] The certificate of insurance should show this applies to the general liability coverage on the certificate, and additional insured endorsement shall be attached.

[9] To the extent permitted by Pennsylvania law, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against Churchill Borough, assigns, officers, employees, volunteers, representatives and agents.

[10] Cross liability coverage (commercial general liability and business automobile liability policies only).

[11] Coverage must be written on an occurrence policy form.

[12] No deductible or self-insured retention should exceed $50,000.

(c) Comprehensive automobile policy, with limits of no less than $1,000,000. Bodily injury and property damage liability, including, but not limited to, coverage for owned, any auto nonowned, and hired private passenger and commercial vehicles. Churchill Borough and their assigns, officers, employees, representatives and agents should be named as an additional insured on the policy. The certificate of insurance should show this applies to the automobile liability coverage on the certificate, and additional insured endorsement shall be attached. To the extent permitted by Pennsylvania law, each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against Churchill Borough, assigns, officers, employees, representatives and agents. Coverage must apply on a primary and noncontributory basis.

(d) Umbrella liability, with limits of no less than $5,000,000 each occurrence per WCF location and $5,000,000 general aggregate per WCF location, including, but not limited to, coverage for general liability, automobile, workers' compensation. Coverage must be written as an occurrence policy.

(e) Professional liability (if applicable), with limits no less than $1,000,000 per claim. Coverage must be written as an occurrence policy.

(7) Increasing the minimum insurance requirements. The minimum insurance requirements specified herein may be increased at any time upon the review and determination of the Borough Council.

(8) Notice prior to cancellation or expiration of insurance. The certificate(s) of insurance shall provide that 30 days' written notice prior to cancellation or expiration be given to the Churchill Borough Manager via U.S. Postal Mail. Insurance policies that lapse and/or expire during term of work shall be recertified and received by the Churchill Borough Manager no less than 30 days' prior to expiration or cancellation of the respective policy.

J. Indemnification.

(1) Requirement to indemnify and hold harmless. Each person that constructs, owns, operates, maintains, or removes a tower-based WCF, a non-tower WCF, or a small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the municipality, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including, but not limited to, death and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, operation, maintenance or removal of each of its WCF.

(2) Requirement to defend. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings against the municipality in which it is claimed that personal injury, including, but not limited to, death, or property damage, was caused by the construction, installation, operation, maintenance or removal of each of its WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.

(3) Indemnification and hold harmless agreement requirement. Prior to the initial commencement of any construction, operation, maintenance, or removal, each person that owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall furnish an indemnification and hold harmless agreement to the Churchill Borough Manager.

K. Police powers. The municipality, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the municipality under applicable federal, state and local laws and regulations.

L. Severability. If any section, subsection, sentence, clause, phrase or word of this section is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this section invalid.

M. When effective. This section shall become effective upon enactment by the Churchill Borough Council.

§ 304-37 Oil and gas development

[Added 3-13-2007 by Ord. No. 699[1]; amended 11-9-2015 by Ord. No. 727; 8-1-2016 by Ord. No. 731]

A. Oil and gas development is permitted as a conditional use only in C-1 Commercial Districts where the applicant can establish compliance with the terms contained herein.

B. Oil and gas development may be permitted under the following conditions:

(1) Conditional use application. A person or entity desiring approval of a conditional use application pursuant to this section shall submit a written application in a form to be prescribed by the Borough. Before submitting the application, the applicant is strongly encouraged to meet with the Borough Manager or his designee to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to obtain necessary information and guidance before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation. The application shall not be considered to be complete and properly filed unless and until all items required by this section, including the application fee, have been received. Such application shall include the following information and plans:

(a) Payment of an application fee in an amount to be determined from time to time by the Borough Council of the Borough of Churchill as adopted by a fee resolution. Said fee shall also include a requirement to deposit escrow funds to be drawn from by the Borough for reimbursement of administrative and engineering and other professional fees associated with review and inspections to ensure compliance with this chapter. The Borough may adjust the escrow amount from time to time as may reasonably be required.

(b) Fourteen paper copies and one electronic copy of the completed application form supplied by the Borough, along with supporting documentation as identified in this section.

(c) Written permission from the property owner(s) who has/have legal or equitable title in and to the proposed development or facility or demonstrable documentation of the applicant's authority to occupy the property.

(d) The GIS location and 911 address of the well site.

(e) Copies of any and all permits and applications submitted to all applicable local, county, state and federal agencies. Permits and plans shall include, but not be limited to, the Pennsylvania Department of Environmental Protection ("PADEP") well applications and permit, erosion and sediment control general permit-2, or current permit requirement, and all other required erosion and sedimentation, air, water and waste management permits.

(f) A site plan, prepared by an engineer or surveyor licensed in Pennsylvania, shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, ponds and pits, and ancillary equipment on the well site shall be identified. All protected structures within 1,500 feet of the property lines of the well site shall be identified. All roads related to the development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Borough of Churchill emergency service organizations.

(g) Traffic study:

[1] A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials and other items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the development or facility. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary to support each phase of the development.

[2] An inventory, analysis and evaluation of existing road conditions on Borough roads along the proposed transportation route identified by the application, including photography, video and core boring as determined to be necessary by the Borough engineer(s).

(h) To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a water withdrawal plan for the development identifying the source of water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes, and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. If the development is to be supplied by way of waterlines, the locations of all proposed waterlines are to be identified. The site for the treatment and disposal of the water shall also be identified. The use of nonpotable water sources is highly encouraged. The use of injection wells for disposal of fracking fluid is strongly discouraged. The applicant is required to use best management practices.

(i) To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall identify the means and availability of the site for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials and other waste products.

(j) To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the development. The plan will identify, but not be limited to, gathering lines, compressors and other mid- and downstream facilities located within the Borough and extending 800 feet beyond the Borough boundary.

(k) The applicant shall provide a sufficient number of copies to the Borough of the preparedness, prevention and contingency ("PPC") plan as defined in the PADEP document, "Guidelines for the Development and Implementation of Environmental Emergency Response Plans," or the most-recent applicable guidance document, to be distributed to the Borough Manager, the Emergency Management Coordinator, the Fire Chief and any other emergency service providers for the Borough.

(l) Noise management plan.

[1] An acoustics study shall be prepared and submitted with the application. The study shall be prepared by an acoustics expert(s) acceptable to the Borough. The study shall identify the existing background level of noise and the anticipated noise impact from the proposed use. The report shall contain measures of existing ambient measurements, estimates of the noise measurements to be anticipated from the type of operations and equipment that are proposed for the use and if there are any significant increases in those noise levels. The report shall also contain specific proposals that are intended to reduce noise levels emanating off the site.

[2] The study shall be based upon actual sound-level measurements and estimates of potential noise impact at the property lines of the site of the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on acoustics, in regards to the standards of this section.

[3] The noise level shall be established based on a test performed during a continuous seventy-two-hour time span, which shall include at least one twenty-four-hour reading during either a Saturday or Sunday. The testing shall be done by a qualified noise control engineer or other qualified person approved by the Borough and shall be in accordance with specifications ANSI S12.18-1994 Method II and ANSI S1.4-1971. The Borough reserves the right to hire a third-party consultant to witness testing and review the results, at the sole expense of the applicant. The sound-level meters used shall meet the American National Standards Institute's standard for a Type I sound-level meter.

(m) Environmental impact analysis. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis. The environmental impact analysis shall describe, identify and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Planning Commission and the Borough Council. The environmental impact study shall include, but not be limited to, all critical impact areas on or off site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to, stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines, indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; and areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.

(n) Air quality study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study. The study shall be prepared by experts acceptable to the Borough and submitted with the application and shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality.

(o) Hydrological study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a hydrological study. The study shall be prepared by a hydrogeologist acceptable to the Borough. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table and analyze and delineate the effects of the proposed use on the hydrology, including surface water and groundwater quantity and quality. Acceptance of the study is subject to final approval by the Borough Council. If the study shows an alteration to the groundwater, the application shall be denied.

(p) Predevelopment and post-development soil testing. Prior to beginning any oil and gas development activities, the operator shall be responsible for testing soil conditions within 300 feet of each well site. The purpose of testing is to determine the baseline soil conditions surrounding the proposed well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area.

[1] Predrilling testing results shall be submitted as part of the conditional use application.

[2] Post-hydraulic-fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.

[3] The results shall be submitted to the Borough and PADEP within 10 days of their receipt.

[4] The operator shall be responsible for all costs associated with testing, and testing shall be done by an independent, state-certified testing laboratory agreed upon by the Borough.

(q) Conditional use approval is nontransferrable without consent from Borough Council and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance of the approval. The conditional use approval may be extended by the Borough Council upon written request by the operator, after notice and hearing. The operator shall provide proof that the requested conditional use permit for such location has not changed and that the operator meets all applicable criteria contained in this section.

(r) The applicant shall provide any and all waivers from owners of protected structures.

(s) Scheduling. The applicant shall provide a schedule with the application indicating the anticipated beginning and ending dates for the following activities:

[1] Well site preparation;

[2] Drilling activity;

[3] Completion (perforating);

[4] Stimulation (hydraulic fracturing);

[5] Production work;

[6] Plugging; and

[7] Site restoration.

(t) Insurance. The applicant shall furnish to the Borough a certificate of liability insurance naming the Borough as an additional insured with respect to operations conducted within the Borough, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $25,000,000 per occurrence. The applicant shall fully defend, protect, indemnify, and hold harmless the Borough, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any negligent, willful or intentional acts of the Borough, its department, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage and umbrella coverage.

(2) General standards.

(a) Best management practices shall be followed.

(b) The uses regulated by this section are determined to be land developments and subject to the applicable provisions of the Borough's Subdivision and Land Development Ordinance, codified at Chapter 268 of the Code of the Borough of Churchill, as it may be amended.

(c) Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited. All hazardous materials stored must be clearly marked, identifying the contents, chemicals, and hazards as required by the OSHA Hazard Communication Standard, 29 CFR 1910.1200, and National Fire Protection Association ("NFPA") Code 104 - Standard System for the Identification of the Hazards of Materials for Emergency Response. All regulated tanks are to be labeled to an NFPA specification.

(d) Fracture fluid storage ponds, open pits and reserve pits are highly discouraged. Closed-loop systems and other related best management practices, including, but not limited to, the use of netting over fracture fluid ponds, shall be used during the drilling or completion of any well.

(e) Fresh water storage ponds are permitted. The use of nonpotable water is strongly encouraged.

(f) All operations shall be in accordance with applicable federal laws and regulations, the Pennsylvania Oil and Gas Act (58 P.S. § 601.101 et seq.), as amended, and pursuant to all other applicable rules, regulations and procedures adopted pursuant thereto.

(g) The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil and toxic or hazardous materials.

(h) Multiple well pad sites on any one oil and gas development shall be prohibited, unless the operator proves to the satisfaction of the Borough that the underlying geology makes using a single well pad impractical.

(i) Changes in the site plan, including, but not limited to, any expansion of the ground surface area used and/or devoted towards drilling operations, requires a new conditional use approval pursuant to the terms and conditions of this section.

(j) Except for emergency and governmental compliance activity, hours of operation are limited to Monday through Friday, 7:00 a.m. to 7:00 p.m. All deliveries and pickups incidental to the oil and gas development or facility must occur during the defined hours of operation.

(k) At least 30 days prior to any development activity at the development or facility, the operator shall provide the following information to each property owner within 4,000 feet of the planned surface location of the development or facility:

[1] A copy of the site plan submitted as part of the conditional use application;

[2] A general description of the planned operations at the development or facility and associated equipment to be used;

[3] The contact information for the operator; and

[4] The availability of the operator to hold a meeting locally with such residents to present the operator's plans for the development or facility and to allow for questions and answers. The meeting(s) shall be held prior to the commencement of development activity.

(l) A duly authorized representative of the Borough, trained by the operator or agents of the operator, shall have the authority in relation to the enforcement of this section to enter upon the property of a development or facility for the purpose of inspecting the equipment and all other aspects of the site necessary to assure compliance with this section.

(m) The operator of any development or facility shall notify the Emergency Management Coordinator, Borough Manager and Borough Engineer no less than 90 days prior to the startup and abandonment or shutdown of any well site.

(n) Wellheads shall be located not less than 500 feet from any protected structure and not less than 200 feet from the nearest property line.

(3) Traffic impact.

(a) The proposed routes must be designed to minimize the impact on streets within the Borough. The Borough reserves the right to designate alternate routes in the event that the applicant's proposed routes are deemed inadequate, unsafe or overly disruptive to normal vehicular traffic by the Borough. Vehicles are to operate on state roads and may only use municipal roads when the use of state roads is not feasible. The operator shall coordinate truck routes with the school bus schedule so as to minimize interference with transportation of students to and from school.

(b) Prior to the commencement of any activity at the development or facility, the operator shall enter into a municipal roadway maintenance and repair agreement with the Borough, in a form acceptable to the Borough, regarding maintenance, repair and bonding of municipal roads that are to be used by vehicles for development activities. The applicant shall take all necessary corrective action and measures as directed by the Borough pursuant to the agreement to ensure the roadways are repaired and maintained during and at the conclusion of all development activities.

(c) The operator shall take the necessary safeguards to ensure that the municipal roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept and cleaned if dirt, mud and debris occur.

(d) The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and allowed, during periods of anticipated heavy or frequent truck traffic associated with the development of the facility, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.

(e) There will be no staging of trucks or equipment on local roads.

(f) A traffic control plan in conformance with PennDOT standards shall be provided.

(4) Visual.

(a) The oil and gas development or facility shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance.

(b) The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps from properties it clears for development purposes.

(c) The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area.

(5) Lighting.

(a) Lighting shall be in conformance with § 304-23G.

(b) No well site lighting used for or associated with well site construction, drilling operations or post-drilling production shall be positioned in a manner such that it shines directly on public roads, protected structures, or any property within 3,000 feet of the well site. Well site lighting must be directed downward and shielded to prevent glare on public roads and adjacent properties.

(6) Air and water quality.

(a) Air-contaminant emissions shall be in compliance with all municipal, county, state and federal regulations, including, without limitation, the provisions of the Code of the Borough of Churchill, as amended, and all applicable regulations for smoke, ash, dust, fumes, gases, odors and vapors.

(b) The operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place to prevent visible plumes of dust from crossing the property line or adversely impacting neighboring properties.

(c) Sixty days prior to drilling, the operator shall notify residents with water wells within 4,000 feet of the gas well of its intentions to drill. The operator shall provide proof of notice to the Borough.

(d) All condensate tanks, compressor stations, processing plants and other production facilities shall be equipped with vapor-recovery and/or vapor-destruction units.

(7) Noise. Except for emergency and governmental compliance activity, noise shall be regulated by § 304-23C.

(8) Hazards.

(a) Upon request of the Emergency Management Coordinator, the operator shall, prior to drilling its first gas well in the Borough, make available with at least 30 days' notice, at the applicant's sole cost and expense, an appropriate group training program for emergency responders and Borough code enforcement personnel. Such training shall be made available at least annually during any year that drilling activities take place at the oil and gas development or facility. Training should cover each phase of the development from site work to well completion. The Borough shall require a minimum of four hours of annual training, with additional hours added at the recommendation of the Fire Chief annually. If additional wells are drilled at the site, the operator and Emergency Management Coordinator will determine if additional training is required.

(b) The applicant shall maintain at the property and on file with the municipality a current list and the Material Safety Data Sheets ("MSDS") for all chemicals used in the drilling operations (including, but not limited to, types of additives, acids, polymers, salts, surfactants and solvents) and in any fracturing operations. If the PPC requires availability and/or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC, the Borough shall require the operator to reimburse the Borough for the cost of procurement of such special equipment or supplies.

(9) Access.

(a) Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 50 feet and improved with limestone or other material for the next 100 feet in a manner that no water, sediment, or debris will be carried onto any public street. If any amount of mud, dirt or other debris is carried onto public or private rights-of-way from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Borough to keep the streets continuously clean.

[1] The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:

[a] Compacted subgrade.

[b] PennDOT Class 4 geotextile fabric.

[c] Eight inches of AASHTO No. 1 crushed aggregate base course.

[d] Two inches of PennDOT 2A aggregate.

[e] Six inches of Superpave® 25 mm binder course.

[2] The remainder of the driveway to the well pad shall be constructed with the following material:

[a] Eight inches of AASHTO No. 1 crushed aggregate base course.

[b] Two inches of PennDOT 2A aggregate.

(b) Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:

[1] Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.

[2] Ensure adequate capacity for existing and projected traffic volume.

[3] Provide efficient movement of traffic, including appropriate turning radii and transition grade.

[4] Minimize hazards to highway users and adjacent property and human activity.

(c) All applicable permits or approvals must be obtained, including, without limitation:

[1] Access or driveway permits to state or county roads.

[2] Overweight or oversize loads.

(10) Geophysical exploration.

(a) For any areas of the Borough where the applicant intends to conduct seismic testing, a licensed geologist must provide a report regarding the ability of the land to subside due to the proposed operations. This report must detail the amount of risk of seismic activity because of existing subsurface conditions and with the introduction of drilling and fracking.

(b) The applicant shall post a bond or other security, in a form to be approved by the Borough, in the amount of $1,000,000 to cover the cost of any damages as a result of seismic testing.

(11) Storage of equipment.

(a) No equipment, including drilling, redrilling, reworking or other portable equipment, shall be stored on the development or facility which is not essential to the everyday operation of the development or facility. This includes the removal of idle equipment unnecessary for the operation of wells.

(b) Lumber, pipes, tubing and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site.

(c) It shall be illegal to park or store any vehicle or item of machinery on any street, right-of-way or in any driveway, alley or on the development or facility which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the development or facility or for the gathering or transporting of hydrocarbon substances from the site.

(12) Fencing, screening and buffering.

(a) Security fencing consisting of a permanent, galvanized, chain-link fence, a minimum of eight feet in height, topped with either razor or barbed wire, shall be installed prior to the commencement of any activity at every well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site.

(b) Security fencing shall be equipped with lockable gates at every access point and having openings no less than 12 feet wide. Gates shall be kept locked except when being used for access to the site. Additional lockable gates used to access the well site, freshwater ponds or open pits by foot may be allowed, as necessary. The fence posts shall be set in concrete at sufficient depths to maintain the stability of the fence.

(c) The Borough's first responders shall be given means to access the well site in case of an emergency via lock box or a Borough-approved equivalent. The applicant must provide the Allegheny County 911 Communications Center with necessary information to access the development or facility in case of an emergency.

(d) Warning signs shall be placed on the fencing surrounding the development or facility, providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the well site.

(e) In construction of the oil and gas development or facility, the natural surroundings shall be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible.

(f) All oil and gas developments and facilities shall have a minimum front, side and rear yard setback of a minimum of 200 feet.

(g) Any development which abuts a residential use shall provide a ten-foot buffer strip along the affected boundary line(s). All plants shall be selected from species that are hardy in the area and shall be sound nursery stock. Developers will have two options for the buffer strip:

[1] Type I buffer: to consist of a double row of native evergreen conifers and/or American holly planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of 12 feet in height at the time of planting. Trees which die shall be replaced within six months.

[2] Type II buffer: A Type II buffer shall consist of a single row of any species of coniferous tree, shrub or plant that will block a line of sight from the level of existing grade to at least 12 feet in height at time of planting.

(h) In addition to screening, the developer shall submit a general landscaping plan, including foundation planting around structures. Any landscaping strip along a Borough right-of-way shall be composed of plantings that will not block clear views for vehicles entering or leaving the premises.

(13) Structure height. Permanent structures of the oil and gas developments and facilities (both principal and accessory) shall comply with the height regulations of the applicable zoning district.

(14) Oil and gas development facilities.

(a) The following requirements shall apply to oil and gas development facilities which employ the use of compressors, motors or engines as part of the operations and/or produce air-contaminant emissions or offensive odors, subsurface facilities, including horizontal drilling facilities, gathering system facilities and production facilities.

[1] All noise-generating equipment and processes shall be contained within a completely enclosed building, and windows and doors shall remain closed during operations.

[2] Adequate public utilities shall be available to meet the demands of the facility.

[3] The front, rear and side yard requirements shall be a minimum of 200 feet.

[4] The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent streets and properties.

[5] The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Code of the Borough of Churchill, the PADEP and the United States Environmental Protection Agency.

[6] Secondary containment shall be provided at sites utilizing liquid separators.

[7] Compressors and other power-driven equipment shall use sparkless electrical motors, when practicable, as an alternative to internal combustion motors.

[8] If an internal combustion engine is used, it shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations and the ignition of carbon or soot. All such equipment shall be maintained in good operating condition according to manufacturer's specifications.

[9] A security fence, as specified in Subsection B(12), Fencing, screening and buffering, of this subsection, shall be set back at least 10 feet from the property line and 20 feet from a public right-of-way.

C. Standards and bonding requirements, to include:

(1) Adequate security measures shall be set forth, if warranted by the character of the surrounding development;

(2) The access road to the well site shall be secured by a locked gate and means of access shall be provided to Borough Police and Fire Departments for emergency response;

(3) The access road to the well site shall be improved with a dust-free, all weather surface in such a manner that no water, sediment or debris will be carried onto any public street and the grade shall not exceed 10%;

(4) An off-street area for maintenance vehicles to stand while gaining entrance to the access road shall be provided that does not disrupt the normal flow of traffic on the public street;

(5) All piping for transportation from the well to the transmission lines shall be placed underground to a minimum depth of three feet, except for fixtures and appurtenances;

(6) Borough Council shall require a performance bond in the amount of $5,000 to guarantee installation of the access road, fencing, gate and any other features not otherwise bonded by the PA Department of Environmental Protection (DEP) required by the Borough Zoning Ordinance or as a condition of conditional use approval; and

(7) Proposed method of screening of the proposed well which shall comply with current section numbered § 304-31D.

D. Gas and oil well production shall not be located within 200 feet of any dwelling or other inhabited structure.

E. Gas and oil well production access roads shall be designed to the minimum standards for residential driveways as specified in Borough ordinances, or as otherwise permitted by the Borough Engineer.

F. Hours of drilling shall not exceed normal construction times.

[1] Editor's Note: This ordinance also provided for the renumbering of former §§ 304-37 through 304-43 as §§ 304-38 through 304-44, respectively.

§ 304-37.1 Distribution center.

[Added 8-5-2019 by Ord. No. 750; amended 11-16-2020 by Ord. No. 755; 9-11-2023 by Ord. No. 771]

A. A distribution center is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The applicant shall provide a traffic study establishing that the traffic generated at the site will not have a negative impact on the neighborhood, which study shall be subject to review and approval by the Borough Traffic Engineer. The applicant shall make any improvements required to mitigate excessive impacts on traffic and to ensure traffic safety.

C. The applicant shall prepare a parking study subject to review and approval by the Borough Engineer and shall ensure adequate parking as determined by the Borough based on the approved parking study.

D. The applicant shall provide a lighting study establishing that the light generated by the distribution center will either: i) comply with the criteria set forth in § 304-17; ii) not have a material negative impact on surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, buffers, barriers or other means.

E. The applicant shall provide a noise study establishing that the noise generated by the distribution center will either: i) comply with the criteria set forth in § 304-23C; ii) not have a material detrimental impact on the surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, barriers or other means.

F. The applicant shall prepare an environmental impact study identifying impacts to air quality, water quality and stormwater management as a result of the distribution center development. The applicant shall provide a plan to mitigate any material detrimental impacts and a list of the required permits and approvals from all federal, state and local agencies with jurisdiction over such matters.

G. All studies required hereunder will be submitted to the Borough for review by the Borough Engineer and/or another expert as reasonably determined by the Borough. The applicant will be responsible for the costs incurred by the Borough in accordance with the Pennsylvania Municipalities Planning Code ("MPC").[1] An escrow fund shall be established by the applicant to cover the estimated cost of these reviews in accordance with the MPC.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

H. The maximum height of the distribution center shall not exceed 40 feet, and the distribution center shall be subject to all other yard and area requirements contained in Table 201[2] except to the extent inconsistent with this section.

[2] Editor's Note: Said table is included as an attachment to this chapter.

I. The maximum gross floor area of the distribution center structure shall not exceed 75,000 square feet.

§ 304-37.2 Short-term rentals.

[Added 4-10-2023 by Ord. No. 768]

A. Use of a property as a short-term rental is permitted as a conditional use only in the R-1, R-2, R-3, R-4, and R-5 Zoning Districts where the applicant can establish compliance with the criteria contained herein.

B. Use of a property as a short-term rental may be permitted under the following conditions:

(1) An application for a permit to operate a property as a short-term rental pursuant to this section shall be submitted to the Borough in a form to be prescribed by the Borough. On the application, the applicant shall provide the name, address, phone number, and other requested information of a contact person to ensure that a representative of the short-term rental can be contacted at all times in case of emergency. Each application shall be accompanied by a fee in an amount established from time to time by resolution of the Borough Council in order to defray the cost of administering this section.

(2) Before a property may be used as a short-term rental, the owner thereof or their representative must obtain a permit and pass an inspection by the Code Enforcement Officer and/or Building Code Official or other representative of the Borough. The cost for each inspection shall be an amount as established from time to time by resolution of the Borough Council. Where an inspection is scheduled, and the Borough representative attempts to make an inspection and is unable to make such inspection at the agreed-upon time and place due to the failure of the applicant to appear or cooperate, the charge will be collected against the applicant before any permit shall be issued. Each such inspection shall be subject to an individual charge per inspection.

(3) A permit to operate a property as a short-term rental shall be valid for a period of one year, whereupon an applicant must submit a new application, arrange for an inspection, and submit the appropriate fees for same, in order to have a new permit issued.

(4) The applicant is responsible for retaining all rental records and must be able to present them at the request of the Borough at any time.

(5) Any and all parking shall be located off-street and completely within the subject lot on which the short-term rental is located.

(6) If the applicant is a current member of a homeowners' association which has jurisdiction over the property to be used as a short-term rental, then the applicant must obtain a letter of approval from such entity in order to receive a permit. Likewise, if the applicant is a tenant of the property, then the applicant must obtain a letter of approval from the landlord and/or record owner of the property in order to receive a permit.

(7) Occupancy shall be limited to a maximum of two adults per bedroom of the property to be used as a short-term rental.

(8) The use shall not produce objectionable noise, vibration, smoke or odors in violation of Borough ordinances or regulations.

(9) The use shall not intensify vehicular or pedestrian traffic beyond that which is normal for the neighborhood.

(10) The use shall not cause an increase in the use of water, sewage, garbage, public safety or any other Borough services beyond that which is normal for the neighborhood.

(11) The use shall not cause a negative impact on property values in the immediate neighborhood.

(12) The use shall be subject to all other permitting and/or licensing requirements, safety standards, rules and regulations of the Borough.

(13) Violation of the provisions of this section, the Churchill Borough Zoning Ordinance generally, or any other ordinance may result in revocation of any permit to operate a property as a short-term rental and revocation of conditional use approval, as well as fines and costs and any other penalties as set forth in the Churchill Borough Zoning Ordinance and the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 304-37.3 Adult-oriented use.

[Added 9-11-2023 by Ord. No. 771]

A. An adult-oriented use is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. No adult-oriented use shall operate if the establishment would be within 500 feet of an existing adult-oriented use, school, hospital, residence, community residential facility, place of worship, place of assembly, public park and playground or an establishment which is licensed to sell alcoholic beverages.

C. No such establishment shall permit access to any person under the age of 18 years.

D. The establishment shall include a double-door entrance, with the inner door area containing a notice of no less than four square feet that those choosing to enter will be potentially exposed to obscene matters or materials.

E. An adult-oriented establishment may be open for business only Monday through Saturday from 9:00 a.m. to 12:00 midnight, prevailing time. No adult-oriented establishment shall be open at any time on Sunday or on a legal holiday as established by 44 P.S. § 11.

F. No materials or merchandise of any kind offered for sale, rent, lease or loan or for view upon the premises of an adult-oriented establishment shall be exhibited or displayed outside of a building or structure.

G. An adult-oriented use shall be permitted no more than one sign; said sign shall be a wall sign or window graphic sign.

§ 304-37.4 Animal day care.

[Added 9-11-2023 by Ord. No. 771]

A. An animal day care is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. At the time of permit application, the applicant shall submit written operating procedures, such as those required under the provisions of the Pennsylvania Dog Law.[1] Such procedures shall be followed for the life of the business and shall prevent animal behavior that impacts surrounding uses, including excessive barking.

[1] Editor's Note: See 3 P.S. § 459-101 et seq.

C. The applicant shall furnish evidence of effective means of animal waste collection and disposal which shall be continuously implemented.

D. Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of 150 feet from any principal structure on adjacent lots, and all outdoor exercise areas shall be located at least 50 feet from any property line.

E. Animals shall be permitted to exercise within outdoor exercise areas daily, only between the hours of 8:00 a.m. and 8:00 p.m.

§ 304-37.5 Animal grooming.

[Added 9-11-2023 by Ord. No. 771]

A. Animal grooming is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. All activities must occur indoors.

§ 304-37.6 Animal kennel.

[Added 9-11-2023 by Ord. No. 771]

A. An animal kennel is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. Such uses shall be located at least 100 feet from any lot line adjoining a residential use or zoning district and at least 50 feet from any other lot line.

C. The minimum lot area required for the use shall be 80,000 square feet.

D. Outdoor runs and similar facilities shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot-high compact hedge or 100% opaque fence on all sides which are visible from any street or residential lot.

E. The kennel shall be licensed by the Commonwealth of Pennsylvania and shall maintain compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department.

F. The applicant shall furnish evidence of effective means of animal waste collection and disposal which shall be continuously implemented.

G. At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.

H. Animals shall be permitted to exercise within outdoor exercise areas daily, only between the hours of 8:00 a.m. and 8:00 p.m.

§ 304-37.7 Convenience store.

[Added 9-11-2023 by Ord. No. 771]

A. A convenience store is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. Where the site is adjacent to residential development or commercially zoned properties, landscaping requirements shall include the construction of a thirty-foot-deep landscaped buffer yard and an opaque or nearly opaque screen consisting of a wall, fence, or evergreen vegetation to a height of at least eight feet, in addition to a minimum total landscaping equal to at least 20% of the area of the site not covered by buildings.

C. All loading areas shall be at the rear of the building.

D. Dumpsters and all trash areas shall be totally screened from the public view.

E. Buildings shall be oriented in a manner that screens any drive-through lane to the maximum extent possible and prioritizes pedestrian pathways and spaces. Drive-through lanes and service windows shall be located to the rear or side of buildings.

F. Points of vehicular ingress and egress shall be located at least 60 feet from the intersection of two streets. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets, and the site shall be managed to prohibit vehicular queuing for the drive-through backing up into any public right-of-way.

G. Any drive-through lane shall provide on-site stacking spaces sufficient to prevent traffic congestion. Stacking spaces shall be a minimum of 20 feet in length, separate from other vehicular and pedestrian circulation aisles and parking spaces. Stacking lanes should be separated through the use of landscaped islands bounded by concrete curbing.

§ 304-37.8 Funeral home.

[Added 9-11-2023 by Ord. No. 771]

A. A funeral home is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The minimum lot size for this use shall be one acre.

C. Crematory facilities as an accessory use shall be completely enclosed within a building that shall not be constructed closer than 750 feet from an existing residence, school or day-care center.

D. The owner or operator of any accessory crematory shall install a continuous emission monitoring system to continuously monitor the afterburner or secondary chamber temperature and to monitor visible emissions (opacity). To the extent that the United States Environmental Protection Agency or Pennsylvania Department of Environmental Protection creates standards for emission equipment and monitoring, they must be complied with. All costs for monitoring shall be borne by the applicant.

§ 304-37.9 Gaming or racetrack amusement.

[Added 9-11-2023 by Ord. No. 771]

A. Gaming or racetrack amusement is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The maximum gross floor area of a gaming or racetrack amusement facility shall not exceed 75,000 square feet.

C. At the discretion of the Borough Engineer, the applicant shall provide a traffic study establishing that the traffic generated at the site will not have a negative impact on the neighborhood, which study shall be subject to review and approval by the Borough Engineer. The applicant shall make any improvements required to mitigate excessive impacts on traffic and to ensure traffic safety.

D. At the discretion of the Borough Engineer, the applicant shall prepare a parking study subject to review and approval by the Borough Engineer and shall ensure adequate parking as determined by the Borough based on the approved parking study.

E. At the discretion of the Borough Engineer, the applicant shall provide a noise study establishing that the noise generated will either: i) comply with the criteria set forth in § 304-23C; ii) not have a material detrimental impact on the surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, barriers or other means.

§ 304-37.10 Gasoline service station.

[Added 9-11-2023 by Ord. No. 771]

A. A gasoline service station is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The premises upon which the gasoline station is located shall have frontage on and direct vehicular access to an arterial street and may have additional direct vehicular access to a collector street.

C. Dumpsters and all trash areas shall be totally screened from the public view.

D. All loading areas shall be at the rear of the building.

E. The maximum height of the principal structure shall be 20 feet and shall be limited to one story. The maximum height of a canopy over gas pumps shall be 16 feet. Solar panels mounted to the canopy shall not count against the height limit.

F. Lighting of any canopy over gas pumps shall be installed as internal illumination of the canopy only. All lights within the canopy shall meet International DarkSky full-cutoff requirements.

G. No signage is permitted on any canopy over gas pumps.

H. All sides of a building should express consistent architectural detail and character. All site walls, screen walls and pump island canopies should be architecturally integrated by using similar material, color and detailing.

I. Where the site is adjacent to residential development or commercially zoned properties, landscaping requirements shall include the construction of a thirty-foot-deep landscaped buffer yard and an opaque or nearly opaque screen consisting of a wall, fence, or evergreen vegetation to a height of at least eight feet, in addition to a minimum total landscaping equal to at least 20% of the area of the site not covered by buildings.

§ 304-37.11 Hotel.

[Added 9-11-2023 by Ord. No. 771]

A. A hotel is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.

C. Rooftop mechanicals shall be screened from public view.

D. Dumpsters shall be completely enclosed by a wall or solid fence at least six feet in height.

§ 304-37.12 Light industrial.

[Added 9-11-2023 by Ord. No. 771]

A. A light industrial use is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. All activities shall take place indoors.

C. The facility shall be designed and constructed so that there shall be no danger to the health, safety or welfare of persons on adjoining properties.

D. All ventilation systems shall be designed so that any smoke, odors or fumes shall not be directed toward abutting properties.

§ 304-37.13 Mixed use.

[Added 9-11-2023 by Ord. No. 771]

A. Mixed use is permitted as a conditional use in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. Uses permitted to be combined for a mixed use development are limited to those uses which are permitted in the C-1 District.

C. At the discretion of the Borough Engineer, the applicant shall provide a traffic study establishing that the traffic generated at the site will not have a negative impact on the neighborhood, which study shall be subject to review and approval by the Borough Engineer. The applicant shall make any improvements required to mitigate excessive impacts on traffic and to ensure traffic safety.

D. At the discretion of the Borough Engineer, the applicant shall prepare a parking study subject to review and approval by the Borough Engineer and shall ensure adequate parking as determined by the Borough based on the approved parking study.

E. Parking facilities are strongly encouraged to reflect shared parking agreements across compatible uses. The Borough Manager may adjust parking requirements in cases where staff determines that parking needs can be met through such a formal arrangement.

§ 304-37.14 Office, professional.

[Added 9-11-2023 by Ord. No. 771]

A. Office, professional is permitted as a conditional use in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. Dumpsters and all trash areas shall be totally screened from the public view.

C. All loading areas shall be at the rear of the building.

D. At the discretion of the Borough Engineer, the applicant shall provide a traffic study establishing that the traffic generated at the site will not have a negative impact on the neighborhood, which study shall be subject to review and approval by the Borough Engineer. The applicant shall make any improvements required to mitigate excessive impacts on traffic and to ensure traffic safety.

E. At the discretion of the Borough Engineer, the applicant shall prepare a parking study subject to review and approval by the Borough Engineer and shall ensure adequate parking as determined by the Borough based on the approved parking study.

§ 304-37.15 Personal services.

[Added 9-11-2023 by Ord. No. 771]

A. Personal services is permitted as a conditional use in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. Dumpsters and all trash areas shall be totally screened from the public view.

C. All loading areas shall be at the rear of the building.

D. At the discretion of the Borough Engineer, the applicant shall provide a traffic study establishing that the traffic generated at the site will not have a negative impact on the neighborhood, which study shall be subject to review and approval by the Borough Engineer. The applicant shall make any improvements required to mitigate excessive impacts on traffic and to ensure traffic safety.

E. At the discretion of the Borough Engineer, the applicant shall prepare a parking study subject to review and approval by the Borough Engineer and shall ensure adequate parking as determined by the Borough based on the approved parking study.

§ 304-37.16 Place of worship.

[Added 9-11-2023 by Ord. No. 771]

A. A place of worship is permitted as a conditional use in the R-3 Residential District and the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The point of ingress/egress shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

C. All dumpsters and/or waste collection areas shall be enclosed by a solid masonry screen.

D. Maximum height of outdoor parking area and roadway lighting shall be 25 feet.

E. Such facilities are encouraged to explore shared parking agreements with nearby compatible uses. The Borough Manager may adjust parking requirements in cases where staff determines that parking needs can be met through such a formal arrangement.

§ 304-37.17 Recreation facility.

[Added 9-11-2023 by Ord. No. 771]

A. A recreation facility is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from noise, light or other disturbance or interruption.

C. All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when an attendant is not present, and shall be constructed in accordance with all applicable state requirements.

D. All tennis courts and sport courts shall be protected by a permanent fence 10 feet in height with the line extending 10 feet beyond the playing area in each direction. The fence shall include windscreen fabric on all four sides. Fences may be constructed within the setbacks. Tennis courts and sport courts are included in the impervious coverage limitation of the lot.

E. Play equipment 120 square feet or a height of 10 feet shall conform to setbacks of accessory structures. Play structures less than 120 square feet do not have setback requirements if located in rear or side yards.

§ 304-37.18 Research lab.

[Added 9-11-2023 by Ord. No. 771]

A. A research lab is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

C. Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

D. An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and filed with the Fire Chief of the Churchill Volunteer Fire Company.

E. Loading areas shall not be visible from a public right-of-way or an adjacent residence. A landscaped buffer yard of a minimum of 25 feet in width shall be provided adjacent to all existing residences. Buffer yards shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and ground covers. Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards.

§ 304-37.19 Restaurant - Convenience/fast food.

[Added 9-11-2023 by Ord. No. 771]

A. A restaurant - convenience/fast food is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The hours of operation and activities for a restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance or interruption.

C. All dumpsters shall be located in the rear setback yard and shall be screened. All screens shall have a height of at least eight feet and shall have a minimum opacity of 80%.

D. Mechanical equipment location(s) shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.

E. Buildings shall be oriented in a manner that screens any drive-through lane to the maximum extent possible and prioritizes pedestrian pathways and spaces. Drive-through lanes and service windows shall be located to the rear or side of buildings.

F. Any drive-through lane shall provide on-site stacking spaces sufficient to prevent traffic congestion. Stacking spaces shall be a minimum of 20 feet in length, separate from other vehicular and pedestrian circulation aisles and parking spaces. Stacking lanes should be separated through the use of landscaped islands bounded by concrete curbing.

§ 304-37.20 Restaurant - Table service.

[Added 9-11-2023 by Ord. No. 771]

A. A restaurant - table service is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The hours of operation and activities for a restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance or interruption.

C. All dumpsters shall be located in the rear setback yard and shall be screened. All screens shall have a height of at least eight feet and shall have a minimum opacity of 80%.

D. Mechanical equipment location(s) shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.

§ 304-37.21 Restaurant - Counter service.

[Added 9-11-2023 by Ord. No. 771]

A. A restaurant- counter service is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The hours of operation and activities for a restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance or interruption.

C. All dumpsters shall be located in the rear setback yard and shall be screened. All screens shall have a height of at least eight feet and shall have a minimum opacity of 80%.

D. Mechanical equipment location(s) shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.

§ 304-37.22 Retail store, neighborhood.

[Added 9-11-2023 by Ord. No. 771]

A. A retail store, neighborhood is permitted as a conditional use only in the C-1 and C-2 Commercial Districts where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. A retail store, neighborhood shall not exceed 8,000 square feet in floor area.

C. All dumpsters shall be located in the rear setback yard and shall be screened. All screens shall have a height of at least eight feet and shall have a minimum opacity of 80%.

D. Mechanical equipment location(s) shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.

§ 304-37.23 Retail store, community.

[Added 9-11-2023 by Ord. No. 771]

A. A retail store, community is permitted as a conditional use only in the C-1 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. A retail store, community shall not exceed 120,000 square feet in floor area.

C. The applicant shall provide a traffic study establishing that the traffic generated at the site will not have a negative impact on the neighborhood, which study shall be subject to review and approval by the Borough Traffic Engineer. The applicant shall make any improvements required to mitigate excessive impacts on traffic and to ensure traffic safety.

D. The applicant shall prepare a parking study subject to review and approval by the Borough Engineer and shall ensure adequate parking as determined by the Borough based on the approved parking study. Parking facilities are strongly encouraged to reflect shared parking agreements across compatible uses. The Borough Manager may adjust parking requirements in cases where staff determines that parking needs can be met through such a formal arrangement.

E. The applicant shall provide a lighting study establishing that the light generated by the retail store will either: i) comply with the criteria set forth in § 304-17; ii) not have a material negative impact on surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, buffers, barriers or other means.

F. At the discretion of the Borough Engineer, the applicant shall provide a noise study establishing that the noise generated by the retail store will either: i) comply with the criteria set forth in § 304-23C; ii) not have a material detrimental impact on the surrounding residential properties; or iii) that any potential material detrimental impacts to surrounding residential properties will be sufficiently mitigated by screening, barriers or other means.

G. At the discretion of the Borough Engineer, the applicant shall prepare an environmental impact study identifying impacts to air quality, water quality and stormwater management as a result of the retail store development. The applicant shall provide a plan to mitigate any material detrimental impacts and a list of the required permits and approvals from all federal, state and local agencies with jurisdiction over such matters.

H. All dumpsters shall be located in the rear setback yard and shall be screened. All screens shall have a height of at least eight feet and shall have a minimum opacity of 80%.

I. Mechanical equipment location(s) shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.

§ 304-37.24 School.

[Added 9-11-2023 by Ord. No. 771]

A. A school is permitted as a conditional use only in the R-3 Residential District and C-1 and C-2 Commercial Districts where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The minimum lot size shall be two acres.

C. A school shall have direct access to an arterial, connector or collector street. The point of ingress/egress shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

D. The location, orientation and lot circulation shall be coordinated with Borough Council in order to minimize the disturbance of neighborhood traffic patterns.

E. All dumpsters and/or waste collection areas shall be enclosed by a solid masonry screen at least eight feet in height.

§ 304-37.25 Self-service storage facility.

[Added 9-11-2023 by Ord. No. 771]

A. A self-service storage facility is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The storage of hazardous materials such as toxic or explosive substances is prohibited.

C. Wholesale or retail sales, garage sales, flea markets, or outside storage is prohibited.

D. The maximum size of the individual storage units shall be 500 square feet.

E. Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

F. The lot shall have direct ingress/egress to a public collector or arterial road.

G. Vehicular access to the lot shall be limited to one two-way or two one-way driveways from each arterial or collector road on which the lot has frontage.

H. A minimum eight-foot fence with a self-latching gate shall be placed on the interior side of each buffer yard. The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

I. Maximum lot coverage by all buildings shall be 40%.

J. The maximum length of any storage building shall be 200 feet.

K. No business activity other than rental of storage units shall be conducted on the premises.

§ 304-37.26 Vehicle sales.

[Added 9-11-2023 by Ord. No. 771]

A. Vehicle sales are permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. Only a factory-authorized dealer in new vehicles is permitted. Used or rental vehicles will only be permitted in conjunction with a factory-authorized dealer in new equipment.

C. The dealer shall provide an indoor showroom for the new equipment or vehicles.

D. Only vehicles in showroom condition may be displayed on the property forward of the building setback line.

E. All vehicles not in showroom condition (including but not limited to those received in trade, awaiting repairs, for lease, etc.) shall be stored behind the building setback line and screened from view from the right-of-way and from adjoining properties by a landscape screen or fence of appropriate design as approved by Borough Council.

§ 304-37.27 Vehicle repair garage.

[Added 9-11-2023 by Ord. No. 771]

A. A vehicle repair garage is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. The maximum lot area for an automobile services establishment shall be 20,000 square feet.

C. All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.

D. All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.

E. All fuel, oil and other flammable substances shall be stored at least 25 feet from any lot line.

F. Vehicles left outdoors after business hours shall be limited to those awaiting service or pickup within 48 hours.

G. An automobile service station shall have direct ingress/egress to an arterial road, as defined by this chapter, or shall have a point of ingress/egress from a public or private street within the lot of a shopping center.

§ 304-37.28 Vehicle wash.

[Added 9-11-2023 by Ord. No. 771]

A. A vehicle wash is permitted as a conditional use only in the C-2 Commercial District where the applicant can establish compliance with the criteria contained in this section and § 304-31.

B. All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two walls.

C. Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

D. The facility shall be connected to a public sanitary sewer.

E. Paved areas shall be sloped to an acceptable storm drainage system. Areas of the lot not paved shall be landscaped and maintained.

F. Access shall be limited to two driveways and one additional driveway on a second street where the lot abuts a second street; such driveways shall not be more than 35 feet wide at the lot line. No driveway shall be located within 75 feet of any street intersection, measured from the point of crossing of intersecting street right-of-way lines abutting the lot and the edge of the driveway nearest the intersection.