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.

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.

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.

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.

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

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.

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.

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:

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.

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.

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.

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.

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:

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

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

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

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.

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

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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:

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.

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

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

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

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.

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.

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

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

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the municipality.

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

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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

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.

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.

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.

The GIS location and 911 address of the well site.

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.

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.

Traffic study:

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.

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.

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.

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.

Noise management plan.

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.

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.

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.

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.

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.

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

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

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.

Best management practices shall be followed.

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.

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.

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.

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

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.

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

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.

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.

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.

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:

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.

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.

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

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.

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.

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.

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.

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

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

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.

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.

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

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

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.

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.

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.

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.

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

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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:

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.

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.