The mobile home, travel trailer, pickup coach or motorized home is placed on a parcel that contains a single-family dwelling that was rendered uninhabitable by fire, storm, explosion or act of God and the applicant for the permit had been occupying the single-family dwelling as his primary residence at the time of the adversity;

The single-family dwelling is in the process of repair or reconstruction at the time the permit is requested or will be under repair or reconstruction within a reasonable period of time thereafter; and

The temporary living unit is equipped with adequate provisions for sanitation and is properly anchored to withstand normal weather conditions.

The movement and keeping of livestock and/or poultry shall be limited by a fence or other method of enclosure.

The operations shall be managed and operated solely by the individuals residing on the premises.

(Reserved)[1]

Storage of manure or odor- or dust-producing substances shall not be permitted within 150 feet of a property line, including agricultural accessory buildings that contain manure or odor- or dust-producing substances.

Structures shall be a minimum distance of 20 feet from the highway right-of-way line.

A minimum of five off-street parking spaces must be provided in addition to those required under regulations for primary site uses.

All parking spaces shall be a minimum of 10 feet from the highway cartway.

Structures shall not exceed 10 feet in height and shall not exceed 300 square feet in area.

All structures, whether attached to the principal structure or not, including porches, garages, carports, balconies, platforms and/or accessory structures above normal grade level, shall not project into any minimum front yard as established by the principal structure.[1]

Video satellite dish installations shall be established to the rear of the front building line, and no portion of the unit or its mounting shall be situated within any required minimum side or rear lot. No portion of the unit or its mounting shall be attached in any manner to another structure or building.

Lots having frontage on more than one street shall provide the required building setback on every street.

Any toe of slope for a cut or fill with a height of greater than six feet shall be located a minimum of 15 feet from the property line.

All cut/fill slopes shall be benched at the minimum requirements listed below in Table No. 1.

The grading of any earth by cut or fill shall not exceed a slope of 3:1.

In case of flat-roof structures: the highest point of coping.

In case of mansard-roof structures: the deckline of roof.

In case of gable or hipped roof: the average height of roof.

No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2) of this section when measured at the following locations:

Maximum permissible noise levels are:

Sound measurements made to determine compliance with the conditions and standards of this section shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971.

The Township reserves the right to add specific conditions for those circumstances involving equipment generating noise as part of a conditional use or special exception. As part of a conditional use and/or special exception, and prior to construction, the Township may require the applicant/operator to establish the ambient or background noise level baseline. The baseline shall be established hourly over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator and Township will mutually agree to the location of the sampling equipment. The operator shall be responsible for all costs associated with the noise consultant/engineer. The results shall be provided to the Township.

Any part or portion of a site that is being occupied and that is not used for buildings, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan. A replacement program for nonsurviving plants shall be included.

(Reserved)[1]

At no time shall such parked or stored camping and recreation equipment (authorized mobile homes excepted) be used for residential purposes.

Parking and storing of camping and recreational equipment shall be limited to the interior of automobile garages, other available on-lot accessory buildings or to that portion of the lot to the rear of the principal building line.

If topographic conditions are such that compliance with the parking or storage requirement of this regulation would cause an undue hardship, then parking to the front of the building line is permitted by decision of the Township Zoning Officer so long as the vehicular view of traffic is not obstructed.

Owner of camping and recreational equipment shall reside on the same lot.

Type I Screening: to consist of double or triple rows of dense habit pyramidal-type conifer trees planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet in height at the time of planting in the case of a double row, and four feet in the case of a triple row. Trees which die shall be replaced within six months. Spacing shall be 10 feet to 12 feet. As an alternative to the conifer tree rows, the developer shall maintain a fifty-foot-wide buffer area of natural vegetation sufficient for complete screening. In permitting this option, the developer may be required to submit photographic or planimetric evidence of the plant density and plant or tree types. Such natural buffer shall be in addition to any required side or rear yard requirements.

Type II: A Type II screen shall consist of an opaque fence at least 6.5 feet in height in all zoning districts other than the MU district which shall have an opaque fence of at least 10 feet in height and installed at the required rear or side yard setback lines. On the outside perimeter of the fence, a planting strip equal to the width of the required yard area shall be installed. The developer shall plant at least 10 coniferous or four deciduous trees per 100 lineal feet of perimeter area. Coniferous trees shall be a minimum of six feet tall, and deciduous trees shall be a minimum of two-inch caliper at planting.

Alternate screening plans: The Township may consider alternative forms of screening submitted as a part of any application, provided such plans are prepared by a registered landscape architect and can be shown to meet the purposes of complete and opaque screening, preservation of rural or scenic neighborhood character and facilitation of natural stormwater management. Such alternate landscaping plans shall be reviewed by the planning agency for recommendation prior to consideration by the Township Commissioners or Zoning Hearing Board.

All screen plantings shall be replaced within six months of death to maintain a continuous dense screen.

This section of the Rostraver Township Zoning Ordinance regulates and restricts the height of structures and objects of natural growth, the density of residential development and otherwise regulates the use of property in the vicinity of the Rostraver Airport by creating appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; and referring to the maps that are incorporated in and made a part of this chapter.

Obstructions and high densities of residential use have the potential for endangering the lives and property of users of the Rostraver Airport and property or occupants of land in its vicinity; obstructions may affect existing and future instrument approach minimums of the airport; and obstructions may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft thus tending to destroy or impair the utility of the Rostraver Airport and the investment therein. Accordingly, it is declared that:

Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Transitional zones: slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation which is 1,230 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface.

Horizontal zone: established at 150 feet above the airport elevation or at a height of 1,380 feet above mean sea level.

Conical zone: slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation; here: 1,580 feet.

Excepted height limitations. Nothing in this section or chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 50 feet above the surface of the land.

The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section and is diligently prosecuted.

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by municipal, state or federal airport officials to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the official body responsible for their placement.

Except as specifically provided hereunder, no material change shall be made in the use of land and no structure shall be erected or otherwise established in any zone hereby created unless a zoning permit therefor shall have been applied for and granted consistent with the requirements of § 195-79. Each application for a zoning permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use or structure would conform to the regulations herein prescribed. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 195-97C.

Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.

Requests for variances. Any request for a variance in accordance with § 195-97C of this chapter shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal of the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for a variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the appropriate Rostraver Airport official or owners for advice as to the aeronautical effects of the requested variance. If the appropriate Rostraver Airport official does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary.

Site location and physical characteristics.

Building locations: on-site and adjacent thereto.

Structure design and related amenities.

Accessory uses: storage, structures, parking, etc.

Site access and adjacent traffic considerations.

On-site circulation.

Landscaping plan.

Drainage, utility and other support requirements.

Initial and projected use potential.

Any additional data deemed appropriate and necessary by the Planning Agency to evaluate the proposed development.

Stormwater management plan which complies with Chapter 164 of the Code of the Township of Rostraver.

Outdoor lighting plan.

Standard of care. All communications antennas 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 Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, and National Electrical Code. Communications antennas 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.

Permitted in all zoning districts. Communications antennas are permitted pursuant to this zoning ordinance in all zoning districts throughout the Township, so long as they comply with all of the terms and conditions of this zoning ordinance.

Historic areas. To the extent permitted by state and federal law, no communications antenna may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Register of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the Township to be of specific historical significance.

Wind. Communications antenna structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).

Aviation safety. Communications antennas shall comply with § 195-79 of the Township zoning ordinance and all federal and state laws and regulations concerning aviation safety.

Public safety communications and other communications services. Communications antennas shall not 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. A communications antenna shall not, by itself or in conjunction with other antennas and/or communications towers, 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.

Removal. In the event that use of a communications antenna 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 communications antennas, or portions of communications antennas, shall be removed as follows:

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

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

Removal, replacement and modification.

Permit required. Communications antenna applicants proposing changes to an existing communications tower, base pad, related equipment, or communications antenna that do not substantially change the dimensions of the existing wireless support structure or otherwise fall under the WBCA or pertinent provisions of the FCC's October 2014 Report and Order, shall obtain a building permit from the Township. In order to be considered for such a permit, the applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

Timing of approval for applications that fall under the WBCA and/or FCC's October 2014 Report and Order, as amended. Within 30 calendar days of the date that an application for a communications antenna is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a communications antenna or $1,000, whichever is less.

Prohibited on certain structures. Communications antennas shall not be located on any single-family dwelling or townhome.

Conditional use approval required. Any applicant proposing the construction of a new communications antenna, or a material modification to an existing antenna, shall first obtain a zoning permit and conditional use authorization from the Township Board of Commissioners. New constructions, modifications, and replacements that fall under the WBCA, or the applicable provisions of the FCC's October 2014 Report and Order, shall not be subject to the conditional use process. The conditional use application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in this section of the Township of Rostraver zoning ordinance.

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

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a communications antenna, as well as inspection, monitoring, and all other related costs.

Development regulations. Communications antennas shall be co-located on existing wireless support structures subject to the following conditions:

Security fence. A security fence shall surround any separate communications equipment building in compliance with § 195-72 of the Township zoning ordinance.

Noncommercial usage exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or Internet connections at their respective residences, as well as amateur radio operators, shall be exempt from the regulations enumerated in this section of the zoning ordinance.

Design regulations. Communications antennas shall employ stealth technology or shall be treated to match the wireless support structure to which they are mounted in order to minimize aesthetic impact. The application of the stealth technology/color treatment chosen by the applicant shall be subject to the approval of the Township.

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

Insurance. Each person that owns or operates a communications antenna shall provide the Township with a certificate of insurance, naming the Township as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.

Co-location. Communications antennas in the ROW shall be co-located on existing infrastructure, such as existing utility poles or light poles. If co-location is not technologically or economically feasible, the applicant, with the Township's approval, shall locate its communications antennas on existing poles or freestanding structures in the public rights-of-way that do not already act as wireless support structures.

Conditional use approval required. Any applicant proposing the construction of a new communications antenna shall first obtain conditional use authorization from the Township Board of Commissioners. New constructions, modifications, and replacements that fall under the WBCA, or the applicable provisions of the FCC's October 2014 Report and Order, shall not be subject to the conditional use process. The conditional use application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in the Township of Rostraver zoning ordinance.

Design requirements.

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

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

Relocation or removal of facilities. Within two months 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, the owner of a communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications antenna when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Standard of care. All communications towers 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 Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. At all times, communications towers shall be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Notice. Upon submission of an application for a communications tower and the scheduling of the mandatory public hearing before the Township, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Township.

Conditional use authorization required. Communications towers are permitted by conditional use in certain zoning districts, at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed communications tower is the minimum height necessary for its service area.

Engineer inspection. Prior to the Township Board of Commissioners' issuance of a permit authorizing construction and erection of a communications tower, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed communications tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional use proceedings before the Township Board of Commissioners or, at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any zoning permits.

Visual appearance. All communications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Township Board of Commissioners shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and construction principles, practices and techniques.

Co-location and siting. An application for a new communications tower shall first demonstrate that the proposed communications tower cannot be accommodated on land or structures owned by the Township of Rostraver. If such accommodation is not possible, the applicant shall demonstrate that the proposed tower cannot be sited on structures already approved for the placement of wireless facilities. The Township Board of Commissioners may deny an application to construct a new communications tower if the applicant has not made a good faith effort to mount a communications antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install a communications antenna on those structures, buildings, and towers and was denied for one of the following reasons:

Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing communications tower, which substantially changes the overall height of such wireless support structure, shall first obtain a zoning permit from the Township.

Gap in coverage or capacity. The applicant must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of communications tower being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Township Board of Commissioners' decision on an application for approval of a communications tower.

Additional communications antennas. The applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate communications antennas on communications towers where technologically and economically feasible. To the extent permissible under federal and state law, the owner of a communications tower shall not install any additional communications antennas without obtaining the prior written approval of the Township.

Wind. All communications towers shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.

Height. In all zoning districts, the maximum height of any communications tower located outside the ROW shall be 150 feet. Communications towers in the ROW shall not exceed a height of 40 feet, unless the applicant proves to the satisfaction of the Township Board of Commissioners that it cannot infill its gap in coverage or capacity at such height.

Related equipment. Either one single-story wireless communications equipment building not exceeding 250 square feet in area, or up to five boxes placed on a pad not exceeding 10 feet by 20 feet in area housing related equipment or a base station, may be located on the site for each unrelated company sharing space on the communications tower.

Public safety communications and other communications services. No communications tower 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. A communications tower shall not, by itself or in conjunction with other communications towers or antennas, 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.

Historic buildings or districts. To the extent permitted by state and federal law, no communications tower may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Register of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the Township to be of local historic significance.

Signs. All communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the communications tower shall be those required by the FCC, or any other federal or state agency.

Lighting. No communications tower shall 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. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and the Township Manager.

Noise. Generators shall be located below grade and suitably soundproofed so that noise volumes measured at all property lines do not exceed levels as outlined in § 195-74 of the Zoning Code of the Township of Rostraver, or by state law.

Aviation safety. Communications towers shall comply with all federal and state laws and regulations concerning aviation safety.

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

Timing of approval pursuant to FCC regulations, as amended. Within 30 calendar days of the date that an application for a communications tower is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications tower, and the Township shall advise the applicant in writing of its decision.

Nonconforming uses. Nonconforming communications towers 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.

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

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a communications tower, as well as related inspection, monitoring, and related costs.

FCC license. Each person that owns or operates a communications tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Insurance. Each person that owns or operates a communications tower greater than 40 feet in height shall provide the Township with a certificate of insurance naming the Township as an additional insured, and evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower. Each person that owns or operates a communications tower 40 feet or less in height shall provide the Township with a certificate of insurance naming the Township as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communications tower.

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

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

Financial security. Prior to receipt of a zoning permit for the construction or placement of a communications tower, the applicant shall provide to the Township financial security sufficient to guarantee the construction of the communications tower. Said financial security shall remain in place until the communications tower is fully constructed. Should the communications tower be abandoned by the owner and/or operator, and not removed within two months of such abandonment, the Township shall have the authority to remove the communications tower and sell all of its pieces, as well as related equipment, used in the operation of the communications tower, in order to recover the cost of said removal.

Development regulations.

Design regulations.

Surrounding environs.

Fence/screen. Any communications tower shall be surrounded by a fence and/or screen in compliance with § 195-72 of the Township zoning ordinance.

Related equipment.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to communications towers. The access road shall be a dust-free, all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the communications tower owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

Parking. For each communications tower greater than 40 feet in height, there shall be two off-street parking spaces.

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

Location and development standards.

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

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

Design regulations.

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower 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:

Reimbursement for ROW use. In addition to permit fees as described in this section, every communications tower 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 communications tower shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

For lighting horizontal tasks such as private drives, sidewalks, entrances and parking areas, full cutoff luminaries shall be used.

Luminaries shall be equipped with light directing and/or shielding devices such as shields, visors, skirts or hoods to redirect offending light distribution and/or reduce direct or reflected glare.

Light fixture height, including mounting base, shall not exceed the following:

Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences or similar methods be considered acceptable for reducing glare.

Neither the direct nor reflected light from any exterior lighting fixture shall create a disabling glare that would be a potential traffic hazard for motor vehicles on public roads.

No exterior lighting fixture shall have any blinking, flashing or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color. Deliberately induced sky-reflected glare, caused by the use of searchlights, beacon light or laser source lights for advertising or entertainment purposes, is prohibited.

The Zoning Officer may require that lighting be controlled by automatic timing devices to extinguish light sources during specific periods to mitigate the adverse consequences of light pollution when such action is necessary to protect adjacent properties and uses.