Seasonal sale of produce whether from a portable stand or sectional display unit wherein items are displayed;

The sale of trees or shrubbery for seasonal events;

The periodic sale of crafts such as leather goods, furniture or art from a vehicle;

The sale of special event T-shirts, clothing items, or sports related items from a vehicle;

Multi-day, multi-family yard sales, estate sales and auctions;

Sidewalk sales and other similar activities, which shall be permitted (a) only in commercially zoned areas and (b) only for a maximum of seven consecutive days, limited to three per year;

Temporary structures and construction trailers, including, but not limited to pods and debris containers (see Subsection G of this section);

Organized charitable events;

Organized promotional events;

Carnivals;

Circuses;

Assemblies;

Marathons, bicycle races or road rallies;

Antique car shows;

Still or motion pictures.

All temporary uses shall be compatible with other uses permitted in the zoning district in which the use is proposed. Yard sales in residential zoning district shall be considered compatible only when the activity is conducted so as to minimize its impact on surrounding properties.

The temporary use shall not involve the construction or alteration of any permanent structure.

If the use involves the construction or placement of a temporary structure, the structure shall be removed within 48 hours of the expiration of the designated time period for the approved temporary use or upon the completion of the construction project for which it is erected, but not to exceed 60 days.

The temporary use shall not involve the creation of any nuisance to adjoining properties or public or private road, including excessive noise, odors, glare or vibrations. Items which will be considered in making this determination will be: projected hours of operations; volume of traffic; available parking, projected traffic patterns; and type of activity.

No person shall, in order to promote the sale or promotion of any goods, wares, merchandise or services, or in connection with any trade or business operate from any premises, building, vehicle, or on any street any horn, bell, chimes, loudspeaker or any other sound device. No applicant shall permit the following on the permitted premises:

Temporary use permits for temporary structures as herein defined shall be granted for a period of not to exceed 12 months.

The temporary use permit for temporary structures shall be canceled upon written notice by the Zoning Officer or a designated agent of O'Hara Township, if construction of the permanent structure is not diligently pursued or if the existing use is discontinued.

All temporary structures shall be located at least 18 feet from any property lines.

All temporary structures which are proposed to be accessible to the public shall be located at least 100 feet from any construction entrance or from the foundation of any structures which is under construction.

Vehicular access to all temporary structures which are proposed to be accessible to the public shall be designed to ensure pedestrian safety.

The construction of said temporary structure shall comply with the Township's Building Code.[1]

No commercial vehicle shall be parked on any street, vacant residential lot or right-of-way for any length of time within any residential district, except while loading or unloading a transient delivery.

Commercial vehicles must be parked in the rear yard of a developed lot not visible from the street, or in an enclosed structure. Setback requirements must be met for the zoning district for which the parcel is located. Nonconforming parcels shall not be made more nonconforming.

Any commercial vehicle so parked in the rear yard of a developed lot must be properly registered, inspected, in proper working order and in active use.

Private commercial vehicles designated by the Pennsylvania Motor Vehicle Code[1] as an automobile or a Class P and Class SU vehicle that are used daily to travel to and from a work location by a resident of the premises, and have less than 10% of its surface area covered by a corporate logo, are not considered a commercial vehicle and shall not have its parking restricted by this provision.

The parking of commercial trailers is prohibited on any street, in the front or on the side of a developed residential lot, vacant residential lot or right-of-way for any length of time within any residential district, except while loading or unloading a transient delivery.

One commercial trailer may be parked in the rear yard on pavement or prepared area and not be visible from the street, or in an enclosed structure.

Any commercial trailer parked in the rear yard of a developed residential lot must be properly registered, inspected, in proper working order and in active use.

At no time may a mobile home, motor home, recreational vehicle, recreational boats and recreational trailers (all referred to as "recreational vehicles" in this provision) be parked on any residential street for any length of time.

At all times of the year, recreational vehicles may be parked/stored on a paved or prepared area in the rear yard, in the buildable area behind the principal structure, between the rear setback line and the rear face of the principal structure, regardless of size.

An individual who presently resides in a dwelling may apply for a recreational vehicle permit ("permit") annually to park one specific recreational vehicle 25 feet or less in length, in the dwelling's driveway, or on a paved or prepared area on the buildable area of the property. Recreational vehicles shall only be parked on property with a dwelling. Permit applications may be submitted online. The permit shall indicate the effective day the permit becomes valid.

This subsection shall not supersede homeowners' association rules, deed restrictions, covenants, or any other legal document related to a dwelling.

If a new recreational vehicle is acquired, the owner shall request the existing permit be canceled and apply for a recreational vehicle permit for the new recreational vehicle. A recreational vehicle permit may be issued pursuant to the following conditions:

Any line-of-sight obstruction or other sight obstruction for safe travel of vehicles or pedestrians out of adjacent driveways or along roadways caused by the parked recreational vehicle shall result in: (i) the required relocation of the recreational vehicle to a safe location in the driveway; or (ii) required removal from the driveway, and revocation of the recreational vehicle permit.

At no time may a recreational vehicle be used as an accessory structure, whether inhabited or not, to the principal structure. This prohibition includes, but is not limited to, storing of material, storing of debris or refuse, living quarters for any living creature, or living quarters for humans.

Neutralize pool backwash water, pool cleaning wastewater and standing water before discharging to the sanitary sewer system by following these steps:

Plan discharge for low-use times of sewer flow such as afternoon or late night hours.

Use small volume pump and control discharge so it does not spill out (<800 gallons per minute).

Discharge with hose into access "cap" of the private property sewer cleanout. DO NOT use public manholes or cleanouts.

Care should be taken to make sure the discharge goes into a sanitary sewer and not a storm sewer, which would discharge to a stream. If sanitary sewers are not in the immediate area, the wastewater should be hauled off-site for disposal at an approved treatment facility.

Water from backwashing pool filters should not be discharged to a stream, ditch, or storm sewer. Backwash from pool filters must be discharged to the sanitary sewer, on-site septic tank and drain field system (if properly designed and adequately sized), or a seepage pit.

If the discharge of water to a sanitary sewer is not feasible, then the following guidelines must be followed before discharging the water:

The discharge should be at a rate which prevents erosion and optimizes filtration. In no event should pool water be directly discharged to waters of the commonwealth.

They are erected at least 50 feet back from the nearest edge of roadway surface.

Parking spaces are provided off the road right-of-way.

They shall be used exclusively for the sale of agricultural products grown on the site by the owner of the site.

Barbed-wire fencing is prohibited within the Township of O'Hara on any lot in or abutting a residential zone.

Razor wire and razor ribbon fencing are prohibited within the Township of O'Hara on any lot in or abutting a residential zone.

Subject to all other applicable restrictions, electric wire fencing or any other electrified fencing is permitted within the Township of O'Hara only if the following conditions are met:

Gas resources development shall constitute a land development subject to Chapter 395, Subdivision and Land Development. In addition, all provisions of any applicable Township ordinances shall apply to gas resources development in the Township, except as preempted by state or federal law.

The applicant shall submit an application to the Township and provide a description of plans for the transportation of materials and equipment to construct, operate and maintain the gas resources development facility. Such description shall include a map showing the planned vehicular access route to the gas resources development site indicating all state, county and local roads and transportation infrastructure that may be used. The proposed routes must be designed to minimize the impact on streets within the Township. The Township reserves the right to designate reasonable required truck hauling routes consistent with Township ordinances, rules and regulations, as well as the Pennsylvania Motor Vehicle Code[1] and Pennsylvania Department of Transportation. Upon approval of said application, applicable permits shall be issued by the Township and applicable fees paid to Township. Such fees to be established by Council from time to time.

Prior to the commencement of any activity on the gas resources development site, the applicant shall enter into a Township roadway maintenance and repair agreement. Such agreement will be in a form acceptable to the Township and will require the posting of a bond at the paved highway rate in favor of the Township prior to beginning any work at a gas resources development site. The bond is to guarantee restoration of Township roads damaged as a result of hauling and any other activity associated with the gas resources development.

The applicant shall reimburse the Township for an inventory analysis and evaluation of existing road conditions on Township roads along the proposed transportation route identified by the Township, including photography, video and core boring as determined to be necessary by the Township Engineer. The Township roadway maintenance and repair agreement will identify the responsibilities of the applicant to prepare, maintain and repair Township roads before, during and immediately after drilling and other operations associated with the gas resources development. The applicant shall take all necessary corrective action and measures as directed by the Township pursuant to the agreement to ensure the roadways are repaired and maintained during and immediately after drilling and other operations associated with the gas resources development.

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

Access road or driveway.

An off-street area within the development site for vehicles to stand while gaining access to the gas well site shall be provided so that the normal flow of traffic on the public street is undisturbed.

The applicant shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways. During periods of anticipated heavy or frequent truck traffic associated with the development, the applicant will provide flagmen to ensure the safety of motorists and pedestrians and take measures that may include adequate signs and/or other warning measures for truck and vehicular traffic.

Noise.

The applicant shall have obtained permits from the appropriate regulatory agencies or authorities issued in accordance with all applicable laws and regulations for the proposed use. The applicant shall provide the Township with copies of each such permit application and permit, with copies of all supporting documentation. All permits must be maintained during the use of the gas resources development. Any suspension or revocation of a required permit shall void any conditional use approval and require a new application.

Prior to development, the applicant shall provide to the Township a PA DEP approved Preparedness, Prevention and Contingency CTPC Plan that clearly outlines and describes all emergency planning associated with the gas resources development.

Upon request of the Township Emergency Management Coordinator, the applicant will, prior to drilling its first gas well in the Township, make available with at least 30 days' notice (at the applicant's sole cost and expense), one appropriate group training program for emergency responders. Such training shall be made available at least annually during any year that drilling activities take place at the gas resources development site.

Any equipment or material stored outside or in an enclosed structure being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility from any adjacent property or public road. All drill site pads and impoundment ponds shall be secured with a temporary fence with secured gates as follows:

The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection (DEP) to ensure proper plugging when the well is classified as inactive by the DEP.

All drilling operations shall be conducted in such a manner as to minimize dust, vibration or noxious odors and shall be consistent with the best accepted practices incident to drilling for oil or gas in urban/suburban areas, and shall also be in compliance with the Zoning Ordinance. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site. Structures on the drilling site shall not be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling shall be adopted as they become available if capable of reducing factors of dust, vibration and odor. Watering, wetting or other methods or materials must be used to control dust adjacent to occupied properties.

No operation of heavy equipment, trucks, or drilling or pumping apparatus shall be conducted between the hours of 7:00 p.m. and 7:00 a.m. daily, or on Sundays or holidays, except by special permission issued by the Township Manager in accordance with Article III of Chapter 295, Nuisances.

Temporary structures on the gas resource development site shall be limited to construction trailers, field office and any structure directly ancillary to the drilling operation. Temporary housing, dormitories and sleeping facilities shall be strictly prohibited. A temporary use permit shall be acquired from the Township prior to placement of any temporary structure in accordance with § 145-14.5G and valid for a period not to exceed 12 months.

Conventional gas wells may not be drilled within 200 feet, or, in the case of an unconventional gas well, 500 feet, measured horizontally from the vertical well bore to a building or water well, without written consent of the owner of the building or water well.

Notwithstanding any lesser setback requirement contained elsewhere in this Zoning Ordinance, gas well pads, compressor stations, gas, impoundments and gas processing facilities shall be set back at least 100 feet from any existing nonresidential property line and 300 feet from any existing residential property line. In addition, such facilities may not be constructed on steep slopes of 25% or more.

Notwithstanding any lesser minimum lot size requirement contained elsewhere in this Zoning Ordinance, the minimum lot size for a gas well pad, compressor station, impoundment or gas processing facility shall be 10 acres. Contiguous lot owners may not combine the acreage of their lands to satisfy this requirement. This restriction applies even if two contiguous lots are owned by the same person, unless such person obtains proper lot consolidation approval for the contiguous lots from the Township.

Garage sales.

Motor vehicle or small engine repair or service.

Operation of welding or woodworking equipment.

Transfer and storage businesses.

Recorded plat.

Location map.

Site analysis study.

Site map or plan.

Proposed commercial or industrial building plan.

Engineering report.

Stormwater management plan.

Parking plan and lot layout.

Grading plan.

Presentation letter (request for review).

Buffer area plan, if needed.

Building elevation plan.

All structures shall be designed and detailed so as to suit the site, the surrounding area and the purposes for which the structures are designed to serve.

The Township Fire Code Official shall approve all hydrant locations, Fire Department connections and fire lanes.

The plans must meet the provisions of the State Department of Labor and Industry and, if abutting a state highway, a Pennsylvania Department of Transportation highway occupancy permit for access must be obtained.

Exterior site improvements, including but not limited to expansions of parking areas, additional lighting and landscaping, shall be reviewed by the Planning Commission.

No commercial structure, used as the main address or place of business, shall be smaller than 600 square feet. The aggregate lot coverage by all structures on a commercially zoned lot shall not exceed 40% of total lot area (see § 455-9.5).

Plan review by a Pennsylvania State Certified Plan Reviewer shall be completed prior to permit issuance.

Any application for a zoning/building permit to erect a commercial or industrial building shall also be accompanied by a plan showing the proposed landscaping, if any, of the premises, in addition to the other items required to be submitted with the application for a zoning/building permit.

The plan shall show existing trees of at least a six-inch diameter at a point four feet from the ground and proposed improvements and landscaping which are to be added on the property. As a minimum requirement, a ground cover of grass, plants or artificial materials on the portion of the premises not occupied by any building shall be shown. Landscaping along or near driveways or parking areas, or any portion of the premises left in its natural wooded state and not disturbed during construction shall be identified, and shall be kept free of junk, debris, dangerous, objectionable or noxious matter.

Residential property owners with property located within 300 linear feet of the property line of the subject parcel shall be notified by the Township in writing via regular mail, as to the time and date of the Planning Commission meeting at which a proposal affecting them is to be reviewed. The applicant shall pay for all costs associated with said notice.

The landscape architect or consultant representing the owner of the land proposed for development in the Suburban Manufacturing Zoning and C Commercial Districts shall present typical cross sections a minimum of 100 feet into the abutting property, and of sufficient distance into the Suburban Manufacturing Zoning District to reflect improvements being proposed. Sections shall be at true scale, without vertical exaggeration, and depict:

Height of structures.

Grading and seeding.

Planting within utility easements:

Selection of plant materials. Native Pennsylvania, noninvasive plants are recommended. The following list is limited to native Pennsylvania deciduous and evergreen trees only. All plant materials shall be mature nursery stock. Minimum size of evergreens: six to eight feet in height. Deciduous trees: not less than one-and-one-half- to two-inch caliper.

Other nonnative acceptable plant materials.

The buffer yard shall be measured from the zoning district boundary line or from the near street line where a street serves as the district boundary line.

The buffer yard may be coterminous with required front, side or rear yards, and in case of conflict, the larger yard requirements shall apply.

In all buffer yards, a fifteen-foot width shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Buffer yard widths may be averaged with the narrowest portion of the yard being 70% of the minimum established width or 10.5 feet where physical constraints prevent the provision of the standard width.

No structure, manufacturing activity or storage of materials shall be permitted in the buffer yard.

All buffer yards, except PRDs and except as provided for in this section hereunder, shall include a dense screen planting of trees, shrubs or other plant materials, or both, to the full length of the lot line to serve as a barrier to visibility, airborne particles and glare. Such screen planting shall be in accordance with the following requirements:

In PRDs, the following minimum standards shall apply to buffer yards (see also § 455-11.5L):

The Township of O'Hara recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the Township believes that the need to protect the integrity of its residential areas is of paramount concern. A "no-impact home-based business permit" is the method used to allow and to regulate nonresidential activity within the Township's residential districts.

The objective of a "no-impact home-based business permit" is to allow a limited commercial-type activity in a residential area only to an extent that no neighbors or passersby will be aware, by outward appearance, of the activity. A no-impact home-based business permit gives the permittee the legal right to use their residence for a business telephone and business mailing address but not to the extent that pedestrian and vehicular traffic are generated.

Permitted no-impact home-based businesses shall include but not be limited to the professions of engineer, computer programmer, architect, artist, clergyman, musician, writer and teacher, where no more than two persons receive instruction at any one time, data processing, draftsman, sales representatives and general clerical services. Because of the nature of medical services, home-based business status is not appropriate.

Prohibited no-impact home-based businesses shall include, but not be limited to, automobile repairs and inspections, bakeries, day-care centers, landscaping operations and kennels or other animal breeding.

Excessive noise, odors, vibration, glare, fumes, electronic or electrical interference are not permitted. "Excessive" shall include the use of equipment or processes which are detectable within the neighborhood.

Applications for a no-impact home based business permit shall be evaluated and investigations conducted using the following criteria, which shall be incorporated as minimum conditions of approval:

Persons with demonstrated physical handicaps may be permitted special consideration by the Zoning Hearing Board. The applicant may request waiver of a portion or all of one or more of the foregoing requirements by submitting an application for special exception approval to the Zoning Hearing Board. This special request shall be considered by the Zoning Hearing Board, at a public hearing, after notice to property owners within 300 feet of the subject property. The Zoning Hearing Board may only grant waivers on the basis of applicant's physical inability to function within said requirements.

Application. Application for a no-impact home-based business permit shall be made to the Zoning Officer on a form provided by the Township and shall be accompanied by the prevailing filing fee as established by resolution by Township Council. The Zoning Officer will make a decision and notify the applicant in writing within 15 calendar days of the date the application is received.

Scope. In cases where the Zoning Officer considers the application not within the scope of the no-impact home-based business criteria, the application will be denied.

Time limit. All no-impact home-based business permits shall be valid for a period of one year from initial date of approval.

Voiding of permit. The Zoning Officer may void any no-impact home-based business permit for noncompliance with the criteria set forth in this chapter. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void, and said use shall be terminated.

Appeal to Zoning Hearing Board. The decision of the Zoning Officer concerning approval, denial or revocation of a no-impact home-based business permit shall be final unless a written appeal is filed with the Zoning Hearing Board within 30 calendar days of the decision. An appeal may only be filed by the applicant or persons residing within 300 feet of the subject property.

Inspection. No-impact home-based business applicants shall permit a reasonable inspection of the premises by the Zoning Officer to determine compliance with this chapter.

Renewal. No-impact home based business permits may be renewed annually, provided there has not been any violation of the provisions of this chapter. Requests for renewals shall be submitted to the Zoning Officer in writing, accompanied by the prevailing renewal fee, as established by Township Council resolution, one month prior to expiration of the permit.

Any aggrieved person believing that a violation or violations of this chapter is occurring and who desires that action be taken by the Township shall notify the Zoning Officer in writing of such alleged violation(s). Within 30 calendar days after receipt by the Zoning Officer of such written allegation(s), the Zoning Officer shall complete an investigation of the alleged allegation(s) to determine the merits thereof. Within 10 calendar days after the Zoning Officer has completed the investigation, they shall notify in writing the following persons:

Any person feeling aggrieved by a decision of the Zoning Officer may appeal that decision to the Zoning Hearing Board pursuant to the provisions of § 455-19.11.

Except as otherwise herein provided or provided for in Chapter 395, Subdivision and Land Development, it shall be unlawful for anyone to cut down or destroy any tree in any zoning district in O'Hara Township which is eight inches or more in diameter measured at a point 4 1/2 feet above ground level.

It shall be lawful to cut down such trees eight inches or more in diameter if the tree is sick, infected, damaged, dead, is in such position or condition that it constitutes a danger to neighboring property or to the public generally, or is located within the legal right-of-way of a public street.

It shall be lawful in any calendar year for the owner of any undeveloped tract of land or developed lot to cut down on said tract of land or lot up to six trees eight inches or more in diameter not of the type referred to in Subsection B(2) for any private or commercial purpose.

When a zoning/building permit is issued for a building, structure or use it shall be lawful to cut down any trees which exist in the space to be occupied by such building, structure, or use, any space within 15 feet of any such building or structure, and any space to be occupied by, and all space within 10 feet of all sides of any driveway, parking area, water system, or sewage disposal system.

The removal or trimming of trees within delineated utility easements and/or recorded rights-of-way shall be permitted for the purpose of maintaining said easement or right-of-way. Utility companies, authorities, agencies or private contractors responsible for the removal or trimming of trees shall perform such work in conformance with any formal or informal agreement or contract and shall attempt to notify the owners of abutting property as to the scheduling of such work in advance.

Timber harvesting shall be permitted in any zoning district, in accordance with the provisions of this section, and all other provisions of this chapter:

It must be no larger than the following: eight feet high; six feet deep; and 13 feet wide.

Applicant must have permission from the following persons (as applicable) to install and maintain a shelter: property owner, transit authority, and right-of-way owner. Nothing in this chapter shall be deemed to restrict or limit the Township's ability to regulate the use of its right-of-way.

All shelters must be maintained in good condition and must be kept clean and free of debris and garbage. Covenants for maintenance and cleaning of the bus shelter, and a definitive plan (including subcontracts where appropriate) for periodic maintenance and cleaning should be part of the application and should be in place at all times.

The construction materials for a shelter cannot contain plexiglass and must include safety glass.

Ancillary advertising may be included as part of the shelter, provided the total signage does not exceed 24 square feet per face. Each shelter is limited to a single double-faced advertising panel on one side. The panel, if "V" shaped, must not have an angle greater than 30°. Bus shelters located within residential, conservation or overlay zoning districts are not permitted to include ancillary advertising.

The bus shelter cannot be closer to the cartway than is permitted by PennDOT, Allegheny County, Township of O'Hara and/or the Port Authority of Allegheny County and must comply with the Americans with Disabilities Act (ADA) requirements.

A minimum distance of three feet must be provided between the shelter and any side or front property lines in order to provide adequate room for maintenance without the need to trespass on private property.

The bus shelter cannot create any traffic hazard, and cannot interfere with any lines of sight at an intersection.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any solar energy facility shall not exceed 15 decibels at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 – 1989, titled, "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration, documentation of compliance shall be provided to Township.

To the extent applicable, all solar energy facilities shall comply with the Pennsylvania Uniform Construction Code[1] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Solar energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Solar energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than one square foot in size.

Transmission and power lines shall be placed underground or out of sight.

The following project information shall be submitted to the Township for every proposed solar energy facility:

Solar energy facilities shall not exceed a maximum height of 15 feet, measured from the ground to the tallest point on the facility.

Preliminary and final land development approvals are required for the construction of any solar energy facility when it is the principal use on a site or lot.

All solar energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.

Secure perimeter fencing shall be installed around the solar energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth-tone colors such as black or brown.

Township zoning approval is required for the construction of any solar energy facility that is an accessory use on any site or lot.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impact will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

Noise from any solar energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter, or similar device may be used for measuring and reporting acoustic emissions from the solar energy facility.

Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration; documentation of compliance shall be provided to Township.

To the extent applicable, all solar energy facilities shall comply with the Pennsylvania Uniform Construction Code[2] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Solar energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Solar energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.

Transmission and power lines shall be placed underground or out of sight.

Where installed on the roof of a building, no solar panel shall be installed such that more than 75% of the roof area is covered by the panels. Solar panel shall be set back three feet from all edges of the roof.

Where solar roofing shingles are installed on the roof of a building, the shingles shall be installed such that 100% of the visible roof from the street shall be covered by the solar roofing shingles, whether active or not. Identical non-solar shingles must be used for the first row of shingles around the edge of the roof. This edge must be at least six inches in depth. The solar shingles on the roof must meet the underwriter's laboratory safe touch definition per branch or bundle, and the Township of O'Hara Building Code.[3]

Any solar energy facility installed on a roof of a building shall comply with the height requirements of the zoning district in which the property is located.

No solar energy facility or facilities may exceed in total 30% of the total site and in no case shall exceed the maximum lot coverage for the district in which the property is located.

Solar energy facilities shall meet the accessory structure setbacks and other regulations that may apply in the zoning district in which the facility is constructed, and where no such setback is specified, the facility shall be no closer than 15 feet from any property line.

No solar energy facilities shall be located in the front yard.

No facility shall be attached to a tree or any other natural object or structure not intended to support such a facility.

No facility shall be installed closer than 10 feet to a swimming pool or other open body of water.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any solar energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter or other similar device may be used for measuring and reporting acoustic emissions from a solar energy facility.

Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration; documentation of compliance shall be provided to Township.

To the extent applicable, all solar energy facilities shall comply with the Pennsylvania Uniform Construction Code[4] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Solar energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Solar energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer not greater than six inches by six inches in size.

The following project information shall be submitted to the Township for every proposed solar energy facility:

Solar energy facilities shall not exceed a maximum height of 15 feet, measured from the ground to the tallest point of the facility.

Preliminary and final land development approvals are required for the construction of any solar energy facility when it is the principal use on a site or lot.

All solar energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.

Secure perimeter fencing shall be installed around the solar energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth-tone colors such as black or brown.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any facility shall not exceed 50 decibels at the lot line adjacent to any lot in a nonresidential zoning district and 15 decibels at the lot line adjacent to any lot in a residential zoning district, unless the adjacent property owner shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. The decibel measurement shall be taken at the exterior of any occupied structure on any property other than that occupied by the facility. Methods for measuring acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 – 1989, titled, "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.

To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code[1] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Wind energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than one square foot in size.

Transmission and power lines shall be placed underground or out of sight.

Preliminary and final land development approval is required for the construction of any wind energy facility when it is the principal use on a site or lot.

Yard/setback requirements.

The maximum height of any wind energy facility shall not exceed 120 feet, measured from ground level to the tallest point of the facility, measured to the tip of the blade fully extended perpendicular to the ground plane.

Any individual wind energy facility shall be separated from any other wind energy facility by a minimum of 1.1 times the height of the facility, measured from the tips of the blades when the blades are parallel with ground level.

No moving parts of the wind energy facility shall extend over parking areas, driveways, roads or sidewalks, except accessways necessary to service the facility.

The facility coloring shall be solid neutral tones such as white, off-white, or gray. Any alphabetical or numeric characters shall be representative of the facility manufacturer only and shall comprise no more than four square feet.

The following project information shall be submitted to the Township for every proposed wind energy facility:

Decommissioning funds shall be posted and maintained with the Township in an account equal to 125% of the estimated decommissioning costs, for as long as the facility exists, regardless of change of ownership of the facility or property on which it sits. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations and any other associated facilities.

There shall be no components attached or integral to the facility that facilitates unauthorized access to the structure, such as ladders or steps.

All access doors to wind energy facilities and electrical equipment shall be located or fenced as appropriate to prevent entry by unauthorized persons.

Township zoning approval is required prior to the construction of any wind energy facility on any site or lot.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

Noise from any wind energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter, or similar device may be used for measuring and reporting acoustic emissions from the solar energy facility.

Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.

Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code[2] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Wind energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.

Yard/setbacks requirements:

Maximum height. Where the facility is an independent structure and not mounted to a building, 30 feet maximum height in residential and C Commercial zoning districts and 40 feet maximum height in the SM Suburban Manufacturing Districts, measured from ground level to the tip of the wind energy facility's blade fully extended perpendicular to the ground plane. Where the facility is mounted to a building, the maximum height at the tallest point on the building shall be 30 feet high.

Minimum vertical clearance between ground level and the lowest movable component of the wind energy facility when at its lowest point: 15 feet; where the facility is mounted to a building, the minimum vertical clearance between the building and the lowest movable component of the wind energy facility when at its lowest point: five feet.

Ice throw from rotating wind turbine blades must be limited to within the subject property.

The color shall be a neutral and nonreflective tone, such as white, off-white or gray. The facility coloring shall be solid and any alphabetical or numerical characters shall be representative of the facility manufacturer only and shall comprise no more than one square foot in size.

No more than two wind turbines shall be permitted on any one property.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any wind energy facility shall not exceed 50 decibels at the lot line adjacent to any lot in a nonresidential zoning district, and 45 decibels at the lot line adjacent to any lot in a residential zoning district. A sound level meter, dosimeter, or similar device may be used for measuring and reporting acoustic emissions from the solar energy facility.

Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.

To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code[3] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Wind energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.

Preliminary and final land development approval is required for the construction of any wind energy facility when it is the principal use on a site or lot.

Yard/setbacks requirements:

The maximum height of any wind energy facility, measured from ground level to the tip of the blade fully extended perpendicular to the ground plane, shall not exceed the maximum height of any structure as defined in this chapter for the applicable zoning district.

Any individual wind energy facility shall be separated from any other wind energy facility by a minimum of 1.1 times the height of the facility, measured from the tips of the blades when the blades are parallel with ground level.

No moving parts of the wind energy facility shall extend over parking areas, driveways, roads, sidewalks, or any other publicly accessible area, except access ways necessary to service the facility.

The facility coloring shall be solid neutral tones such as white, off-white, or gray. Any alphabetical or numeric characters shall be representative of the facility manufacturer only and shall comprise no more than four square feet.

The following project information shall be submitted to the Township for every proposed wind energy facility.

Decommissioning funds shall be posted and maintained with the Township in an account equal to 125% of the estimated decommissioning costs, for as long as the facility exists, regardless of change of ownership of the facility or property on which it sits. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations and any other associated facilities.

There shall be no components attached or integral to the facility that facilitates unauthorized access to the structure, such as ladders or steps.

All access doors to wind energy facilities and electrical equipment shall be located or fenced as appropriate to prevent entry by unauthorized persons.

Township approval is required prior to the construction of any small wind energy facility on any site or lot.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include but not be limited to information regarding site selection, facility design or appearance, buffering, noise and screening of ground-mounted electrical control equipment.

Noise from any small wind energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter, or similar device may be used for measuring and reporting acoustic emissions from the solar energy facility.

Construction of any small wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.

To the extent applicable, all small wind energy facilities shall comply with the Pennsylvania Uniform Construction Code[1] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of small wind energy facilities shall conform to relevant and applicable local, state and national codes and relevant and applicable international standards.

Small wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Small wind energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.

Yard and setback requirements.

Ice throw from small wind turbine blades must be limited to within the subject property.

The color shall be a neutral and nonreflective tone, such as white, off-white or gray. The facility coloring shall be solid and any alphabetical or numerical characters shall be representative of the facility manufacturer only and shall comprise no more than one square foot in size.

No more than two small wind turbines shall be permitted on any one property.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any geothermal energy facility shall not exceed 15 decibels at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 – 1989, titled, "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

To the extent applicable, all geothermal energy facilities shall comply with the Pennsylvania Uniform Construction Code[1] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of geothermal energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Geothermal energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than four square feet in size.

Transmission and power lines shall be placed underground or out of sight.

The following project information shall be submitted to the Township for every proposed geothermal energy facility:

Preliminary and final land development approval is required for the construction of any geothermal energy facility when it is the principal use on a site or lot.

All geothermal energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.

Secure perimeter fencing shall be installed around the geothermal energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth-tone colors such as black or brown.

Township zoning approval is required for the construction of any geothermal energy facility that is an accessory use on any site or lot.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

Noise from any geothermal energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter or other similar device may be used for measuring and reporting acoustic emissions from the geothermal energy facility.

Geothermal energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer not greater than six inches by six inches in size.

To the extent applicable, all geothermal energy facilities shall comply with the Pennsylvania Uniform Construction Code[2] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of geothermal energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Geothermal energy facilities shall meet the accessory structure setbacks that may apply in the zoning district within which the facility is constructed and where no such setback is specified, the facility shall be no closer than 10 feet from any property line.

No facility shall be installed closer than 10 feet to a swimming pool or other open body of water.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any geothermal energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter or other similar device may be used for measuring and reporting acoustic emissions from the geothermal energy facility.

To the extent applicable, all geothermal energy facilities shall comply with the Pennsylvania Uniform Construction Code[3] and regulations promulgated by the Pennsylvania Department of Labor and Industry.

All electrical components of geothermal energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Geothermal energy facilities shall not display advertising, except for reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.

The following project information shall be submitted to the Township for every proposed geothermal energy facility:

Preliminary and final land development approval is required for the construction of any geothermal energy facility when it is the principal use on a site or lot.

All geothermal energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.

Secure perimeter fencing shall be installed around the geothermal energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth-tone colors such as black or brown.

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

By enacting this section, the Township intends to:

Certain terms used herein are defined in the Township of O'Hara Zoning Ordinance, Article II, § 455-2.2, Definitions.

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

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

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

The "Township" is the Township of O'Hara in Allegheny County, Commonwealth of Pennsylvania, including the Council, Zoning Hearing Board, and Planning Commission of the Township.

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

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

Procedures.

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

Timing of determination. All applications for tower-based WCFs shall be acted upon within 150 days following the receipt of both 1) a fully complete application for the approval of such tower-based WCF and 2) a fully paid, nonrefundable application fee in an amount specified by the fee schedule for wireless communications facilities (WCF). If the Township receives an application for a tower-based WCF and such application is not fully completed, then the Township shall notify the applicant, in writing, within 30 days that the application is not complete and the time for the approval of such application shall not commence until a fully complete application is received by the Township. Unpaid applications are incomplete and not duly filed with the Township.

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

Co-location.

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, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the Communications Infrastructure Contractors Association (formerly, National Association of Tower Erectors). Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life, health, or safety of any person or damage any property in the Township.

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

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

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. 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. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Manager on an annual basis, or within 30 days following a written request by the Township. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any tower-based WCF that 1) fails to timely submit annual proof of compliance; 2) fails to timely respond to the Township's written request for compliance; or 3) is generating radio frequency emissions in excess of the standards and regulations of the FCC.

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

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

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

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

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 Township of O'Hara Zoning Ordinance, Article XVIII, § 455-18.12, except as provided with respect to the use of an electrical generator in this chapter, where such noise standards may be exceeded on a temporary basis only.

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

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the Township, the owner of the tower-based WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or erection of tower-based WCFs. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Township's Manager or their designee following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the tower-based WCF structure shall again be inspected in accordance with the parameters and requirements described herein. In the event an inspection reveals an emergency, the tower-based WCF operator shall immediately notify the Township Manager of the emergency and shall immediately act to repair or resolve the emergency.

Retention of consultants and 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 section. Upon written demand, the applicant and/or owner of the WCF shall timely reimburse the Township for all reasonable costs of the Township's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.

Nonconforming uses. Nonconforming tower-based WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section. An operator of a damaged or destroyed nonconforming tower-based WCF must obtain a building permit in conformance with the Township Code prior to repairing or restoring the nonconforming tower-based WCF. The Township shall not finalize a building permit where the nonconforming tower-based WCF does not otherwise comply with the terms and conditions of this section.

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 Manager, at least 90 days in advance of the discontinuance date, of its intent to discontinue use and the date when the use shall be discontinued.

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

Eligible facilities request.

Design regulations.

Surrounding environs.

Fence/screen.

Accessory equipment.

Additional antennas. As a condition of approval for all tower-based WCFs, the 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 commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

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

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

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

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

Inspection by township. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions of the Township of O'Hara Code of Ordinances or state or federal law or regulation. The Township and/or its agents shall have the authority to enter the property upon which a tower-based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance. In the event of an emergency, the Township reserves the authority to enter the property upon which a tower-based WCF is located at any time and without prior notice.

Procedures.

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

Site plan. An applicant for a non-tower WCF must submit a full site plan to the Township of O'Hara Manager or their designee which shall include:

Eligible facilities request.

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

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

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

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

Retention of consultants and 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 non-tower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. Upon written demand, the applicant and/or owner of the non-tower WCF shall timely reimburse the Township for all reasonable costs of the Township's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.

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

Design regulations.

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

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

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 emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such non-tower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Manager on an annual basis, or within 30 days following a written request by the Township. A non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any non-tower WCF that 1) fails to timely submit annual proof of compliance; 2) fails to timely respond to the Township's written request for compliance; or 3) is generating radio frequency emissions in excess of the standards and regulations of the FCC.

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the Township, the owner of the non-tower WCF shall have said non-tower WCF Inspected by a Pennsylvania-licensed and registered 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 Township Manager or their designee following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. 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. In the event an inspection reveals an emergency, the non-tower WCF operator shall immediately notify the Township Manager of the emergency and shall immediately act to repair or resolve the emergency.

Maintenance. The following maintenance requirements shall apply:

Upgrade, replacement, modification.

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:

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

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

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

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

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

Noise. Non-tower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township of O'Hara Code of Ordinances, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.

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

Development requirements.

Procedures.

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

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

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

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

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

Eligible facilities request.

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

Application fees. The Township may assess appropriate and reasonable application fees directly related to the Township's actual costs in reviewing and processing the application for approval of a small WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the fee schedule for wireless communications facilities (WCF).

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

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

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

Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Manager on an annual basis, or within 30 days following a written request by the Township. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any small WCF that 1) fails to timely submit annual proof of compliance; 2) fails to timely respond to the Township's written request for compliance; or 3) is generating radio frequency emissions in excess of the standards and regulations of the FCC.

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

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

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

Maintenance. The following maintenance requirements shall apply:

Design standards. All small WCF in the Township shall comply with the requirements of the Township of O'Hara Small Wireless Communications Facility Design Manual, a copy of which is on file with the Township.

Co-location requirement. An application for a small WCF with a new wireless support structure in the public rights-of-way shall not be approved unless the Township finds that the proposed small WCF cannot be accommodated on an existing structure or wireless support structure, such as a utility pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable structures or wireless support structures within a 1/2-mile radius from the point of the proposed small WCF, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower, structure, or other suitable wireless support structure cannot be utilized.

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

Relocation or removal of facilities. Within 90 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 small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Noise. Small WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township of O'Hara Zoning Ordinance.

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

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

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

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

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the Township, the owner of the small WCF shall have said small WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs. A copy of said inspection report and certification of continued use shall be provided to the Township's Manager or their designee following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the small WCF shall again be inspected in accordance with the parameters and requirements described herein. In the event an inspection reveals an emergency, the small WCF operator shall immediately notify the Township Manager of the emergency and shall immediately act to repair or resolve the emergency.

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

Removal. In the event that use of a small 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:

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

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

Pedestrian access and movement. No wireless communications facility, accessory facility, or wireless support structure shall materially interfere 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[3] (Public Law 101-336, 104 Stat. 327) or similar federal or state or local standards regarding pedestrian access or movement.

Time, place, and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair and/or removal of all wireless communications facilities and associated facilities in the public rights-of-way. The Township's considerations in reaching determination on the time, place, and manner of activity in the public rights-of-way shall include, but shall not be limited to, public safety, traffic management, physical burden on the rights-of-way, timeliness of completion and costs.

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

Emergency maintenance. In the event of a declared or undeclared emergency involving or related to a wireless communications facility or any associated accessory facility or wireless support structure, the facility operator, or its agent, shall act immediately to 1) protect the health, welfare, or safety of the public; and 2) protect the usability of the public rights-of-way and prevent a loss of the services provided by the ROW. Failure to timely alleviate a declared or undeclared emergency involving a wireless communications facility, accessory facility, or wireless support structure shall be considered a violation of this section and substantial evidence that the wireless communications facility constitutes a threat to public safety, health, or welfare, or that the conditions of the permit have been materially violated.

Immediate risk of harm. Where a wireless communications facility or any associated accessory facility or wireless support structure creates, causes, or is a clear and immediate risk of harm to the health, welfare, or safety of the public, or has caused or is likely to cause facilities in the public rights-of-way to be unusable and result in loss of the services provided by the ROW, the Township may remedy such condition without prior notice. All reasonable expenses incurred by the Township to remedy such condition shall be paid by the wireless communications facility operator within 15 days of receipt of a written demand by the Township.

Penalties. Any person violating any provision of this section shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.

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

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

Payment of fees, expenses, and penalties. No permit shall be caused to issue or renew by the Township until all fees due to the Township are paid in full, including, but not limited to, application fees, expert and consultant fees, and permit fees. Failure to timely remit duly assessed fees shall be considered a violation of this section and substantial evidence that the conditions of the permit have been materially violated.

Fee payments are nonrefundable. All fees paid to the Township, including, but not limited to, application fees, repair expenses, expert and consultant fees, and permit fees, are nonrefundable and will not be returned to the applicant.

Insurance.

Indemnification.

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

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

Effective date. This section shall become effective upon enactment by the Township of O'Hara Council.

The property owner's name;

The number of bedrooms available for rent;

The approximate number of days per year the dwelling unit will be available for short-term rental;

Confirmation of insurance coverage, as required by § 455-14.42G;

The name and contact information of a person whose primary residence is located within 10 miles of the Township and who will accept responsibility to respond to complaints raised while the dwelling unit is being utilized as a short-term rental. Said person must also sign the application and agree to be responsible for handling complaints if the owner is not available.

A property owner shall be required to obtain a permit for the keeping of domesticated chickens in a stationary or mobile chicken coop. If a stationary chicken coop is relocated, a new permit shall be required.

A chicken coop or other related structure may only be an accessory structure and must comply with this section and other applicable provisions of the Zoning Ordinance.

This permit shall be in addition to any other required permit (such as, but not limited to, a building permit, electrical permit, or fence permit, if needed).

Applications for a permit shall be submitted to the Zoning Officer and shall include such information as is required. Such application shall include a plan showing conformance with all applicable regulations, including a dimensioned site plan or existing survey of the property showing the location of the chicken coop and run, if provided; the designated area for the mobility of a mobile chicken coop; and the management of manure and wastes.

The chicken coop and run, if provided, must be in the rear yard.

The entire chicken coop, and any run structure, stationary or mobile, in the R-1, R-2, R-4 and CD-1 and CD-2 Zoning Districts, must be located at least 10 feet from any property line at all times. The entire chicken coop and any run structure, stationary or mobile, in the R-3 Zoning District must be located a minimum of five feet from any property line at all times.

Mobile chicken coops are limited to one mobile chicken coop per property.

The location of a mobile chicken coop shall be located in the designated area specified in the approved plan.

Three chickens are permitted for the first 10,000 square feet of the lot. Each additional chicken will require 2,000 additional square feet of the lot. Lots less than 10,000 square feet shall have a maximum of three chickens. No more than 20 chickens are permitted at one time.

Mobile chicken coops, and runs if provided, shall house a maximum of four chickens.

Space. Coops without a chicken run shall permit, at a minimum, three square feet per chicken. Coops with a chicken run shall permit a minimum of two square feet per chicken.

Height. A coop shall not exceed eight feet in height.

Size. A coop shall not exceed a maximum size of 100 square feet.

General. Coops shall be constructed from proper building materials and structurally sound. The coop shall be predator-proof, well maintained and in good repair, and provide natural lighting and adequate ventilation and protection from weather.

A chicken run, if used, shall be predator-proof, well maintained and in good repair. Chicken runs shall be constructed from proper building material. The minimum gauge chicken wire that shall be used is 20-gauge. Other materials may be used subject to Township approval.

Chicken runs may not exceed seven feet in height.

Property owners shall comply with the Township Zoning Ordinance, § 455-18.5, Storage and waste disposal, Subsections C and D, as well as all applicable state and federal laws and regulations.

The property owner shall comply with Township Nuisance Ordinance § 295-7, Health concerns, Subsection B(2)(d).

Chicken manure will only be accepted in the municipal waste collection system as a municipal waste product when the chicken manure is tied and sealed in a plastic garbage bag and weighs no more than 50 pounds.

Chicken feed shall be kept in secure rodent-proof containers.

No roosters are permitted.

Chickens must be in a secure coop, run or fenced-in area in the rear yard at all times.

No butchering or cleaning of butchered chicken is permitted in plain sight.

No selling of eggs is permitted.

No selling of butchered meat is permitted.

No selling of chicks or chickens is permitted.

If not used, the chicken coop, and chicken run, if provided, must be converted to another permitted use, or removed in accordance with Township Zoning Ordinance § 455-18.1, Compliance.

No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration, glare, excessive traffic, attract vermin or rodents or constitute a nuisance or be a detriment to the health, safety, moral or general welfare of the community or to any other person or property in the Township.

The chicken coop, and chicken run if provided, shall be free of infestation in accordance with Township Nuisance Ordinance § 295-7B(1), Health concerns - Infestation/sanitation.

A dog or cat that kills a chicken shall not, for that reason alone, be considered a dangerous or aggressive animal if a chicken is off the owner's property.

The primary building shall be 300 feet from a residential district or any adjacent municipal border.