Edgmont Township City Zoning Code
ARTICLE XXIV
Wireless Communications Facilities
§ 365-157 Regulations and standards.
A.
Purpose. The purpose of this article and the standards established hereunder is to govern the use, construction and siting of wireless communications facilities, so as:
(1)
To accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision of necessary services, and provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communications and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations.
(2)
To establish procedures for the design, siting, construction, installation, maintenance and removal of wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way.
(3)
To address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities, as well as minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of wireless communications services co-locate their communications antenna and related facilities on existing towers or infrastructure.
(4)
To comply with federal and state laws, rules and regulations governing the regulation of wireless communications facilities.
B. CO-LOCATION COMMUNICATIONS ANTENNA COMMUNICATIONS TOWER HEIGHT OF A COMMUNICATIONS TOWER RELATED EQUIPMENT SMALL WIRELESS FACILITIES(1) (a) (b) (c) (2) (3) (4) (5) STEALTH TECHNOLOGY SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE(1) (a) (b) (2) (a) (b) (c) (d) (e) WBCA WIRELESS WIRELESS COMMUNICATIONS FACILITY WIRELESS SUPPORT STRUCTURE
Definitions. For the purposes of this article, the following words, terms and phrases shall have the meanings indicated as follows:
The mounting of one or more communications antenna, on an existing communications tower, or on any structure that has been approved by the Township to support at least one communications antenna.
Any antenna (antennas) and related equipment attached to a wireless support structure. Communications antennas shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
Any structure that is constructed for the primary purpose of supporting one or more communications antenna, including, but not limited to, self-supporting lattice towers, guy towers and monopoles.
The vertical distance measured from the ground level, including any base pad, to the highest point on a communications tower, including communications antenna mounted on the communications tower and any other appurtenances, such as lightning rods.
Any piece of equipment related to, incidental to, or necessary for, the operation of a communications tower or communications antenna. By way of illustration, not limitation, related equipment includes: communications equipment buildings, cabinets, generators and base stations.
Facilities:
Mounted on structures 50 feet or lower in height, including their antennas; or
Mounted on structures no more than 10 percent taller than other adjacent structures; or
That do not extend existing structures on which they are located to a height of 50 feet or by more than 10 percent, whichever is greater.
Each antenna associated with the deployment, excluding associated equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration under FCC rules;
The facilities do no result in human exposure to radio frequency radiation in excess of the applicable safety standards specified by the FCC.
Camouflaging methods applied to wireless communications facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened, roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles, and light poles.
A modification to an existing wireless communications facility that changes the physical dimensions of a communications tower or base station if it meets any of the following criteria:
For a communications tower outside the public rights-of-way:
It increases the height of the wireless communications facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater;
It protrudes from the edge of the wireless communications facility by more than 20 feet, or more than the width of the tower structures at the level of the appurtenance, whichever is greater.
For a communications tower in the public rights-of-way:
It increases the height of the facility by more than 10% or 10 feet, whichever is greater;
It protrudes from the edge of the structure by more than six feet;
It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
It entails any excavation of deployment outside the current site of the communications tower; or
It does not comply with conditions associated with prior approval of construction or modification of the communications tower unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.), as the same may be amended from time to time.
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
Any combination of communications antenna, wireless support structure/tower and related equipment.
A freestanding structure, such as a communications tower or any other form of support structure, that could support the placement or installation of a communications antenna.
C.
Use regulations.
(1)
By right. Wireless communications facilities shall be permitted by right in the following zoning districts and no other:
(a)
MD, Municipal District.
(2)
(3)
Permit only. Communications antennas governed by the WBCA shall be permitted in the zoning districts set forth in § 365-158C(2), above, but shall only require permits in accordance with the requirements of this article.
(4)
Prohibited uses. Uses ancillary to a wireless communications facility, including, without limitation, a business office, maintenance depot, or storage for vehicles, parts or equipment, are not considered wireless communications facilities (or accessory uses thereto) and are prohibited unless otherwise permitted in the zoning district in which the wireless communications facilities are located.
D.
Communications antennas.
(1)
General standards and regulations for all communications antennas. For applications including a communication antenna, the following shall apply:
(a)
A wireless communications facility with communications antennas that are to be attached to an existing wireless support structure or other tall structure (such as a building, water tower, etc.) shall not have an ultimate communications antenna height which exceeds the height of the existing wireless support structure by more than 15 feet.
(b)
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 Commercial Code, American National Standards Institute (ANSI) Code, and National Electrical Code. All communications antennas shall be kept and maintained in good condition, order, and repair, as required by this article, by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(c)
No communications antenna may be located upon any property, building, or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or that is deemed by the Township to be of specific historical significance as indicated by its inclusion on the Township Historic Resources Inventory.
(d)
All communications antennas 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).
(e)
Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.
(f)
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.
(g)
A communications antenna shall not, by itself or in conjunction with other communications 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.
(2)
Communications antennas subject to Wireless Broadband Collocation Act. In addition to the requirements of § 365-158D(1), above, for applications subject to the WBCA, the following requirements shall also apply:
(a)
Communications antenna applicants proposing changes to an existing communications tower, which do not substantially change the dimensions of the existing wireless support structure/tower or otherwise fall under the WBCA, 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, together with the applicable fees, in accordance with applicable permit policies and procedures.
(b)
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.
(c)
The Township may establish and 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. Such fees may be established and revised, from time to time, by official Township resolution.
(3)
Communications antennae not subject to Wireless Broadband Collocation Act. In addition to the requirements of § 365-158D(1), above, for applications not subject to the WBCA, the following requirements shall also apply:
(a)
No communications antenna shall be located on single-family residences, duplexes, or townhomes.
(b)
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 shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(c)
The Township may establish and 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 related inspection, monitoring and all other related costs. Such fees may be established and revised, from time to time, by official Township resolution.
(d)
Communications antennas shall be co-located on existing wireless support structures to the greatest extent possible, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted communications antenna shall not exceed 15 feet above the maximum height permitted in the underlying zoning district.
[2]
In accordance with industry standards, all applicants shall submit documentation to the Township justifying the total height of the communications antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.
[3]
If the applicant proposes to locate related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(e)
A security fence with maximum height of eight feet shall surround any separate communications equipment building housing related equipment. Vehicular access to the communications equipment building, or any structure housing related equipment, shall not interfere with the parking or vehicular circulations on the site for the principal use.
(f)
Communications antenna shall employ stealth technology, satisfactory to the Township, and be treated to match the wireless support structure in order to minimize aesthetic impact.
(g)
The Township reserves the right to inspect any communications antenna to ensure compliance with the provisions of this article 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 at any time, upon reasonable notice to the operator, to ensure such compliance.
(4)
Communications antennas in the public right-of-way. Communication antennas proposed to be located within a public right-of-way shall be subject to the following additional requirements:
(a)
Communications antennas in the rights-of-way shall be co-located on existing infrastructure, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant, with the Township's approval, shall locate its communications antennas on existing poles or freestanding structures that do not already act as wireless support structures.
(b)
Communications antenna installations located above the surface grade in the public right-of-way, including, but not limited to, those on streetlights and utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(c)
Communications antenna and related equipment shall be treated with stealth technology by the applicant to match the wireless support structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(d)
The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antennas in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, 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 Pennsylvania Public Utility Code (66 Pa.C.S.A. § 101 et seq.).
(e)
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 right-of-way as determined by the Township. In addition:
[1]
Ground-mounted, related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
[2]
Ground-mounted, related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
[3]
Ground-mounted equipment shall not be located in the front façade area or plane of any building or structure.
[4]
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
[5]
Any graffiti on any wireless support structures, wireless communications facilities or any related equipment shall be removed at the sole expense of the applicant.
E.
Communications towers.
(1)
General standards and regulations for all communications towers. The following standards and regulations shall apply to all communication towers:
(a)
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.
(b)
Prior to the Township issuing 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 Supervisors 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 building permits.
(c)
Communications towers shall employ stealth technology. 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 Supervisors 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.
(d)
An application for a new communications tower shall demonstrate that the proposed facility cannot be co-located on an existing or approved structure or building, or on land owned by the Township. The Township Board of Supervisors may deny an application to construct a new communications tower if the Board determines that the applicant has not made a good faith effort to co-locate the communications antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a 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:
[1]
The proposed communications antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed communications antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate co-location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(e)
An applicant for a communications tower 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 decision of the Township Board of Supervisors on an application for approval of communications tower.
(f)
As a condition of approval for all communications towers, the applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate communications antenna 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 antenna without obtaining the prior approval of the Township in accordance with this article.
(g)
Any communications tower 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/EIA/TIA-222), as amended.
(h)
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.
(i)
A communications tower shall not, by itself or in conjunction with other communications towers or communications 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.
(j)
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 that required by the FCC, or any other federal or state agency.
(k)
No communications tower shall be artificially lighted, except as required by law or the Board of Supervisors. 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. Automatic lighting is prohibited, and all lighting must be controlled manually by an on-site switch. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township.
(l)
Communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and this chapter, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(m)
Communications towers shall comply with all federal and state laws and regulations concerning aviation safety.
(n)
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 shall reimburse the Township for all costs of the Township and its consultant(s) in providing expert evaluation and consultation in connection with these activities.
(o)
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 this article.
(p)
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.
(q)
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.
(2)
Communications towers outside of the public right-of-way. In addition to the requirements of § 365-158E(1), the following standards and regulations shall apply to communications towers proposed to be located outside of a public right-of-way.
(a)
Height. A wireless communications facility with communications antenna that is not to be mounted on an existing wireless support structure shall not have an antenna height or tower height in excess of 180 feet.
(b)
Setbacks.
[1]
Setbacks from the base of any new wireless support structure to be constructed (as opposed to mounting the antenna on an existing tall structure) shall be the minimum distance between the base of the wireless support structure/tower or any guide wire anchors and any property line, right-of-way line, or zoning district buffer area, and shall be the largest of the following:
[2]
A wireless communications facility which is not the only principal use of a lot shall, in addition to setbacks required for communications towers in this section, be set back a minimum of 10 feet from any building or structure. The building/structure setback shall be measured from the closets point of the wireless communications facility to the closest point of the building or structure.
[3]
No part of a wireless communications facility shall be located in a front yard or in any public right-of-way, except as expressly provided to the contrary in this article.
(c)
Wireless communications facilities may be located on a lot which already contains an existing principal use, and the minimum lot size required in the underlying district shall apply to the tract but shall not be required for each principal use; however, the wireless communications facility must comply with the minimum setback requirements set forth in this section.
(d)
Not more than one single-story accessory communications equipment building (not exceeding 250 square feet) or equipment cabinet structure shall be permitted for each co-locating user, provided that such building or structure otherwise complies with the bulk, area and setback requirements of the underlying zoning district. In addition:
[1]
Ground-mounted related equipment associated to, or connected with, a communications tower shall be placed underground or screened from public view using stealth technology.
[2]
All related equipment (including buildings and structures) shall be architecturally designed to blend into the environment in which it is situated.
(e)
The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to the approval of the Board of Supervisors.
(f)
If used, all guy wires shall be clearly marked so as to be visible at all time and shall be located within a fenced enclosure.
(g)
Any proposed communications tower shall be designed structurally, electrically, and, in all respects, to accommodate both the applicant's communications antennas and comparable communications antennas for the maximum amount of future users based on the size of the proposed communications tower.
(h)
A security fence with a maximum height of eight feet shall completely surround any communications tower greater than 40 feet in height, any accessory communications equipment building, or any structure housing related equipment.
(i)
Any communications tower over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
(j)
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the communications tower shall be preserved to the maximum extent possible.
(k)
The applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the communications tower, and anchors for guy wires, if used.
(l)
Where the proposed communications tower abuts residentially developed land, residential zoning districts, public land, or streets, its perimeter shall be landscaped with at least one row of deciduous trees not less than 3 1/2 inches in caliper, spaced not more than 30 feet apart, on center, and within 25 feet of the communications tower site line, as well as at least one row of evergreen trees or shrubs at least 14 feet high when planted and spaced not more than 15 feet apart and within 40 feet of the site lines.
(m)
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 wireless communications facility.
(n)
Each communications tower shall have a minimum of one off-street parking space, provided that each communications tower greater than 40 feet in height shall have two off-street parking spaces.
(o)
The Township reserves the right to inspect any communications tower to ensure compliance with any provisions of this chapter 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.
(3)
Communications towers located in the public right-of-way. In addition to the requirements of § 365-158E(1), the following standards and regulations shall apply to communications towers proposed to be located within a public right-of-way.
(a)
Communications towers in the right-of-way shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed communications tower.
(b)
Communications towers are prohibited in areas in which all utilities are located underground.
(c)
Communications towers shall not be located in the front façade area or plane of any building or structure.
(d)
Communications towers shall be permitted along certain Township roads throughout the Township, regardless of the underlying zoning district, as and when approved by the Township, from time to time, by official Township resolution.
(e)
The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, 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 Pennsylvania Public Utility Code (66 Pa.C.S.A. § 101 et seq.).
(f)
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 right-of-way as determined by the Township. In addition:
[1]
Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
[2]
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
[3]
Ground-mounted equipment shall not be located in the front façade area or plane of any building or structure.
[4]
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
[5]
Any graffiti on any wireless support structures or any wireless communications facility or related equipment shall be removed at the sole expense of the applicant.
(g)
The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Board of Supervisors.
(h)
To the extent permissible under state and federal law, any height extensions to an existing communications tower shall require prior approval of the Township, and shall not violate the provisions described herein.
(i)
In addition to permit fees as described in this section, every communications tower in the right-of-way is subject to the right of the Township to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each communications tower shall obtain a highway occupancy permit from the Township and pay a permit fee and an annual fee to the Township to compensate the Township for the costs incurred by the Township in connection with the activities described above.
F.
Insurance and indemnification.
(1)
Insurance.
(a)
Each person that owns or operates any 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.
(b)
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.
(2)
Indemnification.
(a)
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.
(b)
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.
G.
Maintenance, modification, relocation and removal of communication antennas and communications towers.
(1)
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(a)
Communications antennas and communications towers shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Maintenance shall be performed as necessary to promote the upkeep of the entire wireless communications facility in order to ensure the safety and security of Township residents.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(2)
Replacement and modification.
(a)
To the extent permitted by law, the removal and replacement of a communications antenna, communications tower and/or related equipment for the purpose of upgrading or repairing the communications antenna is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure/tower or the number of communications antenna.
(b)
To the extent permitted by state law, any substantial change to a communications antenna, communications tower and/or related equipment shall require notice to be provided to the Township, and possible supplemental approvals to the original approvals or permits.
(3)
Relocation. 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, the owner of any communications antenna and/or communications tower in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications antenna and/or communications tower 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:
(a)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity in the right-of-way;
(c)
Vacation, alteration or realignment of the public right-of-way or the release of a utility easement; or
(d)
An emergency as determined by the Township.
(4)
Removal.
(a)
Communications antenna. In the event that use of any 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:
[1]
All abandoned or unused communications antennas and related equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.
[2]
If the communications antenna or related equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the communications antenna and/or related equipment may be removed by the Township. As security, the Township reserves the right to the salvage value of any removed communications antenna and/or related equipment, if such communications antenna and/or related equipment are not removed by the owner within the specific time frame enumerated in this article.
(b)
Communications tower. In the event that use of any communications tower 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 towers, or portions of communications towers, shall be removed as follows:
[1]
All unused or abandoned communications towers and related equipment shall be removed within 180 days of the cessation of operations at the site unless a time extension is approved, in writing, by the Township.
[2]
If the communications tower and/or related equipment is not removed within 180 days of the cessation of operations at a site, or within any longer period approved by the Township, in writing, the communications tower and related equipment may be removed by the Township and the cost of removal assessed against the owner of the communications tower. As security, the Township reserves the right to the salvage value of any removed communications tower and/or related equipment, if such communications tower and/or related equipment are not removed by the owner within the time frames enumerated in this article.
[3]
Any unused portions of communications towers, including communication antenna, shall be removed within 180 days of the time of cessation of operations. The Township must approve all replacements of portions of a communications tower previously removed.
H.
Conditional use standards.
(1)
Specific standards. In addition to the standards and regulations of this article and Article XXXII, § 365-191, the following specific standards and requirements shall apply to all conditional applications for communications antenna and/or communications towers:
(a)
In conjunction with any application under this article, a one-inch-equals-50-feet site plan shall be required for all wireless communications facilities, showing the communications antenna, communications tower, metes and bounds description of the wireless communications facility, fencing, buffering and ingress and egress, as well as construction detail for the wireless communications facility.
(b)
The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure/tower must be located where proposed in order to satisfy its function in the applicant's grid system.
(c)
The applicant shall demonstrate that the proposed wireless communications facilities are safe; that the surrounding properties will not be negatively affected by communications antenna or communications tower failure, wind, falling ice or other debris, electromagnetic fields, or radio frequency interference; and that the application will not otherwise be detrimental to the health, safety and welfare of the neighbors and the community.
(d)
The applicant must demonstrate that it is licensed by the Federal Communications Commission to provide wireless communication services.
(2)
General standards. In addition to the standards and regulations of § 365-158H(1), above, the following general standards shall apply to all conditional applications for communications antenna and/or communications towers:
(a)
The proposed use is consistent with the purpose of this article and the overall purpose of this chapter.
(b)
The proposed use will satisfy all of the relevant provisions and requirements of Chapter 305, Subdivision and Land Development, and any other applicable Township ordinance and/or regulation.
(c)
The proposed use and its location are consistent with and responsive to the Township Comprehensive Plan; in particular, the plans for land use, circulation, community facilities, utilities, and the map depicting areas of environmental concern.
(d)
The proposed land use is consistent with the nature of the land uses existing on any immediately adjacent properties, and it will not detract from or cause harm to neighboring properties and will be properly maintained.
(e)
The proposed use is located in an area or areas for which the site is suited.
(f)
The proposed use, where applicable, will be served by public water and public sewer where and when available, and will not have a negative effect to the public services and utilities of the surrounding properties.
(g)
Proposed construction will be consistent with sound design, engineering and land development practices.
(h)
The proposed use will provide safe and adequate access to roads (existing or proposed) and will not result in excessive traffic volumes, and will involve improvements which may be needed to guarantee compatibility with adjacent roads.
(i)
The proposed use will provide for effective sanitation.
(j)
The proposed use will create the required screening and landscaping as required in this article and Chapter 305, Subdivision and Land Development.
(k)
The proposed use, as depicted in the plans, includes proposals for landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, and in areas which are highly visible, such as along roads, walks or trails and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.
(l)
The proposed use will be properly sited and not be disruptive to streams, ponds, wetlands and vegetation within the Flood Hazard District and the Steep Slope Conservation District.
(m)
The proposed use will be developed using stormwater management techniques, and soil erosion and sedimentation control techniques in accordance with prevailing regulations.
(3)
Burden and conditions.
(a)
Burden of proof. It shall be the burden of the applicant to demonstrate compliance with standards and requirements of this article.
(b)
Conditions. The Board of Supervisors may impose such conditions as are necessary to ensure any or all of the standards and criteria of this article are met as well as compliance with all other relevant provisions of this chapter and all other ordinances and regulations.
I.
Application review and approval timing.
(1)
Communications antennas.
(a)
For communications antennas which fall under the WBCA [see § 365-158D(2)] and require only a building permit, the Township shall notify the applicant, in writing, within 30 calendar days of the date that an application for a communications antenna is filed with the Township 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.
(b)
For all other applications for communications antennas, the Township 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. When additional information is requested by the Township to complete an application, such request shall be sent to the applicant within 30 days of the date that the application is filed with the Township. The time required by the applicant to provide the additional information shall not be counted toward the 150-day review period.
(2)
Communications towers.
(a)
Within 30 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.
(b)
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 towers, and the Township shall advise the applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.
J.
Exemptions. The provisions of this article shall not apply to:
(1)
Towers and support structures for amateur purposes, including but not limited to ham and citizens band radios maintained and/or utilized by federally licensed amateur radio operators.
(2)
Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of this chapter. Amateur radio operators are exempt from the regulations enumerated in this article.
K.
Applicability of other provisions and severability.
(1)
Any provisions of this article or any other Township ordinance which are not addressed hereunder shall remain in effect and shall not be considered altered or modified by this article, and shall apply to the proposed wireless communications facilities.
(2)
If any section, subsection, sentence, clause, phrase or word of this article 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 article invalid.