No adult entertainment establishment shall be located within 1,000 feet of any other adult entertainment establishment.

No adult entertainment establishment shall be located within specified distances or certain land uses as set forth below:

The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment establishment to the closest point on the property line of said land use.

Approval from the Bureau of Aviation, Pennsylvania Department of Transportation (PennDOT), attesting to the safety and adequacy of the proposed facility and that said proposed facility will be inspected by the Bureau and that it complies with all applicable regulations. The Bureau is the licensing and certifying agency for the Commonwealth of Pennsylvania.

Approval from the Federal Aviation Administration (FAA) certifying that the proposed facility does not violate or conflict federal air space per Part 157 of the Federal Air Regulations as amended, as well as any other clearances and/or approvals that may be required by the FAA.

A detailed site plan for the proposed facility drawn to an appropriate scale by a registered architect or engineer showing the location of all runways, taxiways, hangars, other structures, takeoff and landing zones, airport hazard areas, landing lights, wind indicators, etc.

There shall be no sales of fuel or other aviation services (repair, storage of other aircraft, etc.) including the sale of aircraft and/or related parts or service for transient aircraft.

Providing flying lessons or conducting a flight school shall not be a permitted operation or service.

No more than three personal aircraft shall be based on the facility.

Heliports and/or helistops shall comply with the rules and regulations, inspections and licensing procedures of the Bureau of Aviation of the Pennsylvania Department of Transportation and any approvals and clearances that may be required by the Federal Aviation Administration (FAA), and be in conformance with the requirements of the Harborcreek Township Airport Hazard Ordinance.

Minimum landing areas.

Permits:

One space per guest room plus two for primary use.

Parking cannot extend into setback areas or in front of primary dwelling.

Parking areas located to the side and rear of the structure must be screened from the adjacent properties by landscaping or fencing.

No building shall not exceed eight dwelling units.

Development shall comply with the Subdivision and Land Development Ordinance in relation to greenspace for cluster development.

Developer shall present a sketch plan that includes elevations or architectural perspectives and illustrate that the proposed building(s) is architecturally compatible with the surroundings.

Buildings shall be designed to emulate traditional buildings of this nature in historic settlements in the region or shall be designed to resemble large single-family dwellings.

No building shall exceed six dwelling units.

If development is an adaptive re-use of single-family dwelling converted to multifamily, the required parking area shall be located in the rear or side yard.

Development shall comply with the Subdivision and Land Development regulations.

All drive-through entrances shall be designed to minimize conflict with the pedestrian customers of the business. The portion of any drive-through land abutting a building may not intersect with a pedestrian building entrance.

A solid wall of at least 24 inches in height shall be placed along all parking and drive-through lanes that abut a sidewalk.

Under no circumstances shall any public street serve as a drive-through lane.

All drive-through lanes shall have the capacity to stack at least six cars waiting for service.

Shall have a minimum of 80,000 sq. ft. and a minimum of 200 ft. lot width.

Buildings shall be compatible with both design and function with the general character of the area in which the site is located.

A detailed site plan shall be prepared showing the location of the buildings, parking area, driveways, lighting, sign location, and building elevations.

Sufficient off-street parking shall be provided to accommodate fundraising and social activities (including sufficient space for workers and attendees for the events) which may be held within the building. The activities may include but are not limited to:

Applicant, facility owner, and/or operator shall be required to submit a project narrative describing the overview of the project; project location, approximate generating capacity, the number of solar panels or wind turbines and their locations, representative types and heights of facilities and/or wind turbines to be constructed, including their generating capacity, dimensions, and respective manufacturers, description of any ancillary facilities to the energy system.

A conceptual and/or sketch plan shall be submitted that includes identifying properties on which the energy facility will be located and adjacent properties, property lines, setback lines, access road and turnout locations, locations of substation and cabling and/or transmission lines and location and descriptions of any appurtenant structures, equipment, and/or supplies.

All on-site utility transmission lines and plumbing shall be placed underground.

Provide the Township written confirmation that the public utility company to which the energy facility will be connected has been informed of the customer's intent to install a grid-connection system.

If the principal solar energy system and/or wind energy conversion system facilities are located on property that is not owned by the applicant/facility owner/operator, a lease agreement is required upon submission of conditional use application for the duration of the energy facility operations.

All necessary leases, easements, or other agreements between the energy facility developer and property owner(s) must be recorded at the Erie County Recorder of Deeds and in place prior to commencing construction of the energy facility. A recorded copy is required to be submitted to the Township.

Other relevant studies, reports, certifications and approvals as may be reasonably requested by the Township to ensure compliance with this chapter, and such permits as are required by applicable state or federal law, rule or regulations.

The design of the principal solar energy system and wind energy conversion system shall conform to applicable industry standards.

Noise standards/shadow flicker/glare.

Signal interference. The facility owner and/or operator shall make reasonable efforts to avoid any disruption or loss of radio, telephone or similar signals, and shall mitigate any harm caused by the energy facility.

Security requirements.

Greenspace screening.

Use of public roads.

Decommissioning.

Lot size: Shall have a minimum lot size of 25 acres.

Height requirements.

Setback requirements.

Lot size: Shall have a minimum lot size of 40 acres.

Height: Height limits are subject to applicable Federal Aviation Administration (FAA) regulations regarding objects affecting navigable airspace and comply with Harborcreek Township Airport Hazard Ordinance. The applicant shall provide acknowledgment from the FAA that such request indicating height of the wind energy system does not adversely affect the airspace of local airports.

Setbacks.

Front setback: 50 feet (water towers 100 feet).

Side setback: 20 feet.

Rear setback: 20 feet.

Front setback: 50 feet plus the height of the structure (water towers a minimum of 100 feet plus the height of the structure).

Side setback: 20 feet.

Rear setback: 20 feet.

Persons receiving treatment under PA Article III (involuntary examination and treatment) and/or PA Article IV (determinations affecting those charged with a crime or under sentence)[7] shall not be eligible for residence in a group residence facility.

Individuals with intellectual disabilities shall be certified by Erie County Office of Mental Heath as being capable of residing in such facility.

The sponsoring agency or other sponsor shall file annually with the Zoning Office written confirmation that the sponsor and the facility continue to satisfy all conditions of the original approval and retains a license to operate the facility issued by the proper licensing authority(ies). Such confirmation shall be filed on such form(s) that will be supplied by the Zoning Office. The annual recertification date shall be April 1.

The Zoning Administrator shall mail to each applicable sponsor each calendar year such form(s) as shall be required to be filed by the sponsor under this section.

The definitions of "group residence facility" as set forth in this chapter shall be strictly construed.

Parking requirements shall be one parking space per each staff on the same shift and two parking spaces reserved for visitors. On-street parking is prohibited.

No delivery trucks or outside storage shall be allowed on a premises located within a residential district, this provision not being intended to prohibit mail or package delivery services or vendors selling wares to various dwellings within the district.

All exterior lighting shall be arranged and aligned to reflect light away from neighboring premises and public rights-of-way.

Any other matter necessary to assure compliance with this chapter or any other Township ordinance as in the circumstances apply.

The lot contains a minimum of five acres and at least 1 1/2 acres of pasture per horse or each animal unit.

Manure is not stored within 150 feet of any property line.

A pasture is completely enclosed with a fence at least four feet in height.

The lot contains a minimum of two acres.

The limit of hens is set at 10 hens per premises.

Chickens must be secure on property.

Structures such as hen coup must be a minimum of 75 feet from rear and front property lines, and 50 feet from side property lines or 50 feet from occupied structures with a minimum of 25 feet from side property lines, whichever is greater.

Shall present a means to ensure that the normal flow of traffic to events will avoid the utilization of local streets and predominantly single-family residential districts.

Shall not be located within 200 feet of an R-1 or R-2 District.

Shall present a plan for management of noise through screening and buffering.

Prior to the issuance of a zoning permit, the owner/operator of a mining operation shall file with the Zoning Administrator a copy of all approved clearances, permits, plans and/or other documents required by the Pennsylvania Department of Environmental Protection per the Surface Mining and Reclamation Act (Act 418, P.L. 1198 as amended[9]).

In no case shall any operation on the site impede the flow of natural watercourses.

All operations shall be conducted in a manner which will not allow water to collect and/or create a stagnant water condition except that stormwater retention facilities are permitted.

Public roadways and railroads: 100 feet from the existing right-of-way line.

Occupied dwellings: 300 feet unless this distance is waived by the owner thereof.

Public buildings and parks, schools, churches and other community or institutional buildings: 300 feet.

Railroads: 100 feet from the existing railroad right-of-way.

Cemeteries: 100 feet from the property line(s) of the cemetery.

Existing streams: 100 feet from the present stream bank.

No stockpiles, spoil piles, refuse material, plant facilities and processing and/or mining equipment shall be located within 50 feet of an existing property line where the adjacent property is not owned or leased by the operator or unless the adjacent owner waives the aforementioned setback.

Irrespective of the above setback requirements for Subsection NN(2)(b) and (c), a 25-foot setback shall be maintained from all property lines where such structures are involved and the adjacent property(ies) are not owned by the operator. The purpose of this provision is to prevent mining up to a property line in situations where such mining could take place without violating the 300-foot setback requirement for existing structures; i.e., a structure could be located 350 feet from its property line which could allow the operator to mine up to the property line and still be within the required 300-foot setback distance.

Name, address, telephone number and email address of the property owner(s). If the owner(s) does/do not have a managing agency, agent, or local contact person, then the owner shall provide a 24-hour telephone number.

The name, address, and 24-hour telephone number of the managing agency, agent or contact person.

Proof of liability insurance.

Floor plan for the short-term rental, including habitable floor space and total number of bedrooms.

If the building is a two-family or multi-unit structure, the number of dwelling units and the number of dwelling units being used as short-term rentals.

A parking plan showing the location and number of existing on-site parking spaces. If a parking expansion is being requested, it shall not exceed lot coverage and shall be noted on the plan.

If not on a public sewer system, a written approval from Erie County Department of Health stating the existing sewage disposal system is in good working order.

If property has well water, written letter from Department of Health stating water is safe for drinking.

Copies of current Erie County excise tax certificate and current Pennsylvania sales tax license.

Signatures of both the owner(s) and the local managing agent or contact person.

Copy of the current recorded deed for the property establishing ownership.

A separate short-term rental license is required for each dwelling unit; for two-family or multifamily dwellings, a separate license shall be required for each dwelling unit being rented as a short-term rental.

A short-term rental license is effective for a period of one year, or until any of the conditions of the short-term rental which are governed by this chapter are amended, whichever shall first occur. A short-term rental license must be renewed annually by March 31 and also when any of the conditions of the short-term rental which are governed by this chapter are amended.

The owner(s), by making application for a short-term rental license and/or accepting issuance of a short-term rental license, grants permission for any and all inspections authorized by this chapter.

The Township will prescribe forms and procedures for the processing of license applications under this chapter.

In the event that a short-term rental owner(s) receives two violation notices (relating to the specific criteria or regulations under this chapter), the Zoning Administrator may terminate and revoke an existing license or deny a new license in accordance with the terms of this chapter, unless the owner appeals the violation to Zoning Hearing Board and is found "not guilty."

Application or renewal of application and inspection frees shall be submitted at time of submittal. There are no refunds.

Overnight occupancy of a short-term rental shall be limited to the § 490-90, Boarders, provisions. A maximum of two unrelated persons. The owners of the short-term rental have an affirmative duty to ascertain whether the overnight guests staying at the short-term rental are related by blood, marriage, or adoption who live together as a family; all such related persons are considered as members of one family, with the exception of one additional unrelated overnight guest; and that the owners are in compliance with the "boarders" provision referenced herein. If any questions arise regarding whether the overnight guests staying at the short-term rental are related, or violations of this provision are alleged, the duty to prove that the guests were related shall be upon the owners of the short-term rental, not the Township.

The maximum number of bedrooms permitted for a short-term rental is five.

Outdoor parking for overnight and day guests shall be limited to available designated parking areas on the short-term rental property. In no event shall parking for short-term rental guests includes spaces in any private, community or public street right-of-way or on the property's lawn.

Parking spaces shall be a minimum of nine feet in width by 18 feet in length with adequate aisle space to facilitate access and use. Any expansion of parking areas for a short-term rental requires prior Township approval. Parking areas shall be maintained in a mud-free condition with paving, stone or similar material which may require a stormwater management plan and shall count as part of the maximum lot coverage limits set forth in the Harborcreek Township Zoning Ordinance. Notwithstanding the foregoing, a short-term rental plan shall provide one parking space for two night guests and one parking space for every two day guests.

Overnight occupants and day guests shall not park commercial equipment, including trucks (greater than one-ton capacity), tandems, tractor-trailers, school buses, tractors or other commercial construction, earth-moving, or cargo-moving vehicles to be stored or parked overnight.

Neither short-term rental occupants nor guests shall engage in disorderly conduct or disturb the peace and quiet of any neighborhood or person by loud, unusual or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting, or creating a dangerous or physically offensive condition without good reason.

The owner shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate provisions of the Harborcreek Township Code of Ordinances or any state law pertaining to noise or disorderly conduct, including, but not limited to, notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating laws, ordinances, or regulations regarding their occupancy.

The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct, or otherwise violated provisions of the Harborcreek Township ordinances or state law pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.

Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the short-term rental is located is prohibited. Outdoor overnight sleeping of occupants or guests of the short-term rental is prohibited.

All short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the front door containing the following information:

All short-term rentals shall be inspected by Zoning Administrator and Building Inspector as part of the renters' initial application requirement and must be equipped with the following:

All short-term rentals shall have a fully functional sewage disposal system at all times and complies with PA DEP regulations. If a sewage disposal system malfunction occurs, the use of the dwelling as a short-term rental shall discontinue until the malfunction is corrected in accordance with the Township and PA Department of Environmental Protection.

There shall be no visible signage in any public or private right-of-way or on any exterior structure on property.

Construction plans prepared by a registered engineer showing the location of the proposed tower and related equipment. The type of materials used to construct the tower or pole on which the wind conversion system will be mounted, all manufacturer's data relative to the complete operational characteristics of the wind turbine, including, but not limited to, safety and performance standards and/or characteristics and noise characteristics, etc.

All towers or poles shall be set back a minimum distance of 1.25 times the total height of the tower or pole and all equipment mounted thereon from all adjacent property lines. The total height shall include the height of any structure that a tower or pole is mounted on if it is not mounted directly at ground level.

All towers or poles shall be enclosed by a six-foot fence with a lockable entry. Also, the climbing apparatus for the tower or pole shall stop 12 feet above the ground level.

Wind turbine operations shall not cause interference to television or radio reception on neighboring properties. The Township reserves the right to suspend and/or rescind the zoning permit if such interference becomes evident and is a nuisance to neighboring property owners.

Wind turbine operations shall not cause unreasonable noise that would be objectionable to and detract from adjacent properties. The Township reserves the right to suspend and/or rescind the zoning permit if, in its opinion, the noise characteristics and/or levels generated by a particular turbine or related equipment are unreasonably loud and pose an undesirable nuisance to neighboring properties. Noise beyond that of the standard performance sound.

Wind turbine operations shall not constitute an undue safety hazard to neighboring properties due to repeated failure and/or breakage of the rotor blade(s). If in the opinion of the Township such a safety hazard and/or nuisance exists, they reserve the right to suspend and/or rescind the zoning permit until the safety hazard(s) have been corrected to the satisfaction of the Township.

Shall secure a building permit and comply with all PA UCC code.

Shall be located a minimum of 300 feet from adjoining lot lines.

Shall be located a minimum of 75 feet from any public or private road right-of-way.

Shall have a minimum of 200 sq. ft. of gross floor area for each equine animal.

Permitted in all zoning districts subject to regulations. Non-tower WCFs are permitted in all zoning districts subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

Essential communications tower/antenna. The essential communications tower/antenna is permitted in all zoning districts.

Prohibited on certain structures. Commercial non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.

Non-conforming wireless support structures. Non-tower WCFs shall be permitted to co-locate upon non-conforming tower-based WCFs and other non-conforming structures. Co-location of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is non-conforming as to use within a zoning district.

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 of any person or any property in the Township.

Wind. All non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E, as amended).

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety and the Harborcreek Township Airport Hazard Ordinance.[11]

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.

Radio-frequency emissions. No non-tower WCF may, by itself, or in conjunction with other WCFs, generate radio frequency emission in excess of the standards and regulations of the FCC, including, but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

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

Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF, naming the owner of the real estate where the facility is located as an additional insured, and naming Harborcreek Township as an additional insured.

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees, and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with, any act or omission of the person, its officers, agents, employees, or contractors arising out of, but not limited to, the construction, installation, operation, maintenance, repair, or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance, repair or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgements, medical bills, verdicts, settlements or other payments for injuries or damages, reasonable attorney fees, reasonable expert fees, court costs, and all other costs related to the litigation or proceedings.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

Permit required. Any applicant proposing the modification of an existing tower-based WCF shall obtain a zoning permit from the Township. In order to be considered for such permit, the WCF applicant must submit a zoning permit application to the Township in accordance with applicable permit policies and procedures.

Related equipment. Ground-mounted related equipment shall be subject to the setback requirements of the applicable zoning district for an accessory structure.

Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's 60-day review period.

Permit fees. The Township zoning permit fee as adopted by Township Board of Supervisors.

Prohibited on certain structures. Commercial non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.

Permit required. Any applicant proposing any new construction of a non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a zoning permit from the Township. The zoning permit application shall demonstrate that the proposed facility complies with all applicable provisions in this chapter.

Historical buildings. No non-tower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.

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

Permit fees. The Township zoning permit fee as adopted by Township Board of Supervisors.

Development regulations. non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, if possible, subject to the following conditions:

Design regulations.

Removal, replacement, modification.

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to, visual impact, design, and safety standards.

Co-location/location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant shall locate its non-tower WCF on existing poles that do not already act as support structures with the Township's approval.

Design requirements:

Time, place, and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Repair, replacement and/or removal of facilities and related equipment:

Inspections. The Township may inspect WCFs within a Township ROW without any prior notice given.

A propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

Documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety, as well as all applicable provisions in this section.

Engineer inspection. A professional structural engineer, licensed in the Commonwealth of Pennsylvania ("Structural Engineer") shall provide to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the permitting process.

Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.

Permit required. The applicant shall obtain a road occupancy permit.

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

Notice. WCF applicant shall submit a land development application demonstrating that the proposed facility complies with all applicable provisions in the Township Zoning Ordinance and all supporting documents, including but not limited to stormwater management plan.

Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing tower. The applicant shall demonstrate that it contacted the owner of an existing tower within 2,500 feet of the proposed tower and sought permission to install an antenna and was denied for the following reasons:

Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining a zoning permit.

Permit required for modifications. Any applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a zoning permit from the Township Zoning Office. Non-routine modifications shall be prohibited without a zoning permit.

Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage or capacity. The existence or non-existence of a gap in wireless coverage or capacity shall be a factor in the Township's decision on an application for approval of tower-based WCF.

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E, as amended).

Height. Any tower-based WCF, including tower, antennas, and related equipment shall not exceed a height of 200 feet. The equipment building shall be subject to the height requirements of the applicable zoning district for an accessory structure.

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.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

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.

Historical buildings. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list by the Township.

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No other signage shall be mounted on the WCF, except as may be required or approved by the FAA, FCC, or other governmental entity.

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the industrial performance standards in § 490-51 of this chapter.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety and the Township Airport Hazard Ordinance.[13]

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

Timing of approval. WCF applicant shall submit a land development application and all supporting documents, including but not limited to stormwater management plan, applicable to Township subdivision and land development procedures.

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

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

Permit fees. WCF applicant, once approved, through the land development application process, shall submit a zoning permit application.

FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower-based WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.

Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF, naming the owner of the real estate where the facility is located as an additional insured, and naming Harborcreek Township as an additional insured.

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees, and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with, any act or omission of the person, its officers, agents, employees, or contractors arising out of, but not limited to, the construction, installation, operation, maintenance, repair, or removal of the non- tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance, repair or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgements, medical bills, verdicts, settlements or other payments for injuries or damages, reasonable attorney's fees, reasonable expert fees, court costs, and all other costs related to the litigation or proceedings.

Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania.

Inspections. The tower-based WCF shall be inspected at the time of construction and every two years thereafter by an expert who is regularly involved in the maintenance, inspection and/or erection of the tower. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222 "Structural Standards for Steel Antenna Towers and Antenna Support Structures," and a copy of said inspection report shall be provided to the Township. At this time said report is provided to the Township, applicant shall pay a fee established by the Township Board of Supervisors by resolution.

Permitted in Industrial and B-2 Interchange Business Zoning Districts. Any tower-based WCF being proposed as a new tower, structure, or any support structure is only permitted in the Industrial and B-2 Interchange Business Zoning Districts.

Essential communications tower/antenna is permitted in all zoning districts. This includes any new tower, structure, or any support structure.

Separation. Any new tower-based WCF must be a minimum of 2,500 feet from an existing tower or approved tower location (permit issued, however, not constructed).

Setbacks requirements. Tower-based WCFs shall comply with the following setbacks:

Design regulations:

Surrounding environs:

Fences. All tower-based WCFs, including tower, equipment building, and any other related equipment shall have a security fence surrounding such structures, at a minimum of six feet in height and a maximum of eight feet in height. Gates shall be locked at all times except during such times as the site is entered by authorized personnel.

Landscaping. Landscaping shall be required to screen as much of the ground-level equipment as possible, in general to blend in with the existing surroundings. The Township may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping if they achieve the same degree of screening as the required landscaping.

Accessory/related equipment:

Access. Access shall be provided to the tower-based WCF, including equipment building and any related supporting equipment by means of a public street or easement. The easement shall be a minimum of 20 feet in width and shall be improved to provide year-round access.

Lighting. No signs or lights shall be mounted on a tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.

Lease agreement. Copy of any lease agreement between the owner/operator of the WCF and the owner of the real estate, if different, shall be provided to the Township at time of land development submittal.

Liability. The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas, naming the owner of the real estate where the facility is located as an additional insured, and naming the Township as an additional insured.

FCC license. The owner or operator of communications antennas shall be licensed by the Federal Communication Commission to operate such antenna.

Airport zoning regulations. The owner shall comply with the Harborcreek Township Airport Hazard Ordinance.[14]

Inspections. The antenna support structure shall be inspected at the time of construction and every two years thereafter by an expert who is regularly involved in the maintenance, inspection and/or erection of antenna support structures. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222 "Structural Standards for Steel Antenna Towers and Antenna Support Structures," and a copy of said inspection report shall be provided to the Township. At this time said report is provided to the Township, applicant shall pay a fee established by the Township Board of Supervisors by resolution.