Lower Paxton Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Wireless Communications Facilities
§ 203-801 Purpose and findings of fact.
A.
The purposes of this section of the chapter include a desire to establish reliable standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of wireless communications facilities in recognition of the federal Telecommunications Act of 1996,[1] Pub. L. No. 104-104, 110 Stat. 56 (1996); the federal Middle Class Tax Relief and Job Creation Act of 2012[2] (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq. in Lower Paxton Township. Moreover, the Township desires to plan and accommodate for the managed deployment of infrastructure that is necessary to accommodate the wireless communications needs of the Township residents, businesses and emergency service providers. While the Township recognizes the benefit of wireless communications facilities in providing high quality communications service and enhancement to its residents, businesses and emergency service providers, the Township also recognizes that it has an obligation to protect public safety through the standards set forth in the following provisions.
B.
By enacting this chapter, the Township intends to:
(1)
Promote the health, safety, and welfare of Township residents and businesses with respect to WCFs.
(2)
Provide for the managed development of WCFs in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations.
(3)
Establish procedures for the design, siting, construction, installation, maintenance, and removal of both tower-based and non-tower-based WCFs in the Township, including facilities both inside and outside the public ROW.
(4)
Address new wireless technologies, including but not limited to, DAS, data collection units, cable Wi-Fi, and other WCFs.
(5)
Encourage the co-location of WCFs on existing structures rather than the construction of new tower-based structures.
(6)
Treat each communications services provider in a nondiscriminatory and competitively neutral manner in exercising the Township's authority.
(7)
Protect Township residents from potential adverse impacts of WCFs and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.
(8)
Update the Township's wireless facilities regulations to incorporate changes in federal and state laws and regulations.
§ 203-802 Landscaping, and screening.
A.
Landscaping and screening.
(1)
An applicant for tower-based WCF where the new tower is more than 40 feet in height, located outside of the ROW, shall submit a landscaping and screening design including the following:
(a)
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF support structure shall be preserved to the extent practicable.
(b)
Ground-mounted equipment may be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by the Township.
§ 203-803 General standards for all tower-based WCFs.
A.
General standards. The following regulations shall apply to all tower-based WCFs:
(1)
Conditional use required. Each applicant proposing the construction of a tower-based WCF shall complete and submit a conditional use application as either a principal or accessory use prior to beginning construction of such WCF. Such application shall be evaluated by the Township and subject to the proceedings of Article V.
(2)
Proof of ownership or agreement. The applicant shall include a copy of a written agreement for use of the land if the applicant is not the owner the parcel on which the tower-based WCF will be constructed.
(3)
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Township.
(4)
Related equipment. Ground-mounted related equipment greater than three cubic feet, such as cabinets and accessory structures, shall not be located within 50 feet of a lot in residential use or residential zoning district.
(5)
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the ANSI Code, National Electrical Safety Code, National Electrical Code as adopted by the UCC, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(6)
Wind. Any tower-based WCF 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 ANSI as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E Code, as amended).
(7)
Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any tower-based WCF, which is not located in the public ROW, shall not exceed 150 feet, which height shall include all subsequent additions or alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height.
(8)
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
(9)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(10)
Modifications. Applicants proposing the modification of any tower-based WCF shall submit a building permit application to the Township and shall not commence such modifications until the complete application has been received by the Township.
(11)
Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(12)
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. There shall be no other signage permitted on the WCF, except for that required by law FCC/FAA regulations.
(13)
Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(14)
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(15)
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(16)
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF 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 tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF 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.
(17)
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location within one year after damage occurs but must otherwise comply with the terms and conditions of this chapter. Co-location on nonconforming tower-based WCFs is permitted.
(18)
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six to 12 months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF. In addition to and not in lieu of any other remedy available to the Township to recover costs associated with removal, the Township shall file liens against the WCF owner and the owner of any real property upon which a WCF is sited, in order to recover any unpaid legal fees, consultant fees, and court cost that may be incurred.
(c)
Any unused portions of tower-based WCF, including antennae, shall be removed within six to 12 months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(19)
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(20)
Emissions. The applicant shall demonstrate that the proposed WCF will comply with all applicable standards established by the FCC governing human exposure to electromagnetic emissions.
(21)
Insurance. Each person that owns or operates a tower-based WCF greater than 45 feet in height shall provide the Township with a certificate of insurance 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 tower-based WCF. Each person that owns or operates a tower-based WCF 45 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.
(22)
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 tower-based WCF, as well as related inspection, monitoring and related costs.
(23)
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(24)
Indemnification. Each person that owns or operates a tower-based WCF, or the property on which such WCF is located 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 or depreciation of property value or for violation of property or zoning rights, 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 tower-based WCF. Each person that owns or operates a tower-based WCF and each owner of property upon which a tower-based WCF is located 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 tower-based WCF. 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.
(25)
Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(26)
Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the applicant shall provide to the Township financial security in the form of a letter of credit or bond sufficient to guarantee the removal of the tower-based WCF. The amount of said financial security shall be determined based upon industry standards for removal and shall remain in place until the tower-based WCF is removed.
(27)
WCF timeframes. Timeframes for specific WCF approvals can be found in Table 1.
Table 1: WCF Timeframe Requirements | |||
|---|---|---|---|
Township shall notify the applicant in writing of any information that may be required to complete application. | Township shall approve or deny the application unless a shorter time period is applicable under the MPC. | ||
A | New tower-based WCFs | Within 30 calendar days of the date the application was filed with the Township. | Within 150 days* of submission of a complete application for a WCF. |
B | WCF on existing structures | Within 30 calendar days of the date the application was filed with the Township | Within 90 days* of submission of a complete application for a WCF. |
C | Eligible facilities requests** (as defined) | Within 30 calendar days of the date the application was filed with the Township | Within 60 days* of submission of a complete application for a WCF. |
* The time period may be tolled by mutual agreement or in cases where the Township informs the applicant in a timely manner that the application is incomplete. If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission but may be tolled again if the Township provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed. |
**The Township shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an eligible facility. |
§ 203-804 Specific requirements for tower-based WCFs outside of the ROW.
A.
Tower-based WCFs outside the ROW. The following regulations shall apply to tower-based WCFs located outside the public ROW:
(1)
Location. No tower-based WCF shall be located in an area in which all utilities are located underground, except as permitted by this chapter.
(2)
Site requirements. A tower-based WCF may be located as permitted in the district regulations or the general standards for accessory structures, as set forth in Article III of this chapter.
(3)
Permitted as a sole use on a lot. A tower-based WCF may be permitted as a sole use on a lot, provided such WCF conforms to the regulations set forth in Article III in this chapter and the following standards:
(a)
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 50 feet in height.
(b)
Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district. In addition, the minimum setback for the tower shall be a distance that is at least equal to 1.5 times the height of the tower.
(4)
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
(a)
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.
(b)
Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the general standards for accessory uses. In addition, the minimum setback for the tower from any existing structures shall be a distance that is at least equal to 1.5 times the height of the tower.
(5)
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage.
(6)
Co-Location and siting. An application for a conditional use for a new tower-based WCF shall not be approved unless the Township Council finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or on Township property. Any application for a conditional use for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township Council that a different distance is more reasonable and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(7)
Notice. Upon submission of an application for a tower-based WCF, 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.
(8)
Design regulations.
(a)
The WCF 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 WCF applicant shall be subject to the approval of the Township Council.
(b)
Any height extensions to an existing tower-based WCF shall require prior approval of the Township Council. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
(9)
Surrounding environs.
(a)
The WCF applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible. Any plantings shall conform to the standards set forth in Article V of this chapter.
(b)
The WCF applicant shall submit a soil report to the Township to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(10)
Fence/screen.
(a)
A security fence having a maximum height of eight feet shall completely surround any tower-based WCF greater than 50 feet in height, as well as guy wires, or any building housing WCF equipment.
(b)
A screen of evergreen trees planted eight feet on center, and staggered in two rows, shall be located along the perimeter of the security fence surrounding a tower-based WCF greater than 50 feet in height. Existing vegetation shall be preserved to the maximum extent possible.
(11)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(c)
Additional antennae. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.
(12)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to the tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
(13)
Parking. For each tower-based WCF greater than 50 feet in height, there shall be two off-street parking spaces, or one space per employee, whichever is greater.
(14)
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this chapter 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 WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
§ 203-805 Specific requirements for tower-based WCFs in the public ROW.
A.
Tower-based facilities in the ROW. The following regulations shall apply to tower-based WCFs located in the public ROW:
(1)
Tower-based WCFs are prohibited in any areas with underground utilities.
(2)
Location. An applicant must site tower-based WCFs within an existing ROW of a collector road in the Township and meet the following requirements:
(a)
The tower-based WCF facility is not sited within 75 feet of an area in which utilities are underground.
(b)
Any tower-based WCF sited in the public ROW shall not be located directly between the front facade of any structure and the public or private ROW on which the structure fronts.
(c)
Any tower-based WCF shall be located at, or as close to as practicable to, the point where a side lot line intersects with a street ROW line.
(3)
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.
(4)
Notice. Upon submission of an application for a Tower-Based WCF, the applicant shall mail the applicant 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.
(5)
Co-location and siting. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(6)
Time, place, and manner. The Township shall determine the time, place and manner of construction, maintenance, repair, and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Township and the requirements of the PUC.
(7)
Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a)
The placement of all ground-mounted equipment, walls, or landscaping shall be in accordance with the standards set forth in this chapter.
(b)
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti. If such graffiti is not removed within the aforementioned time period, the Township will remove it and assess the cost of removal to the WCF owner.
(e)
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Zoning Officer based on considerations of safety, accessibility, and impact on use of the ROW.
(8)
Design regulations.
(a)
The WCF 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 WCF applicant shall be subject to the approval of the Township Council.
(b)
Tower-based WCFs in the public ROW shall not exceed 45 feet in height.
(c)
Any height extensions to an existing tower-based WCF shall require prior approval by the Township and shall not increase the overall height of the tower-based WCF to more than 45 feet.
(d)
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
(9)
Additional antennae. As a condition of approval for all tower-based WCFs in the ROW, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.
(10)
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 tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any WCF when the Township, consistent with its police powers and applicable PUC regulations, shall determine 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 ROW.
(b)
The operations of the Township or other governmental entity in the ROW.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Township.
§ 203-806 General standards for all non-tower WCF.
A.
General standards. The following regulations shall apply to all non-tower WCF:
(1)
Permitted in all zoning districts subject to regulations. Non-tower WCFs are permitted in all zoning districts subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Zoning Officer.
(2)
Locations restrictions. Non-tower WCFs shall meet the following location restriction:
(a)
Prohibited on certain structures. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, two-family residences, or any accessory residential structure.
(b)
Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or residential zoning district.
(c)
Historic buildings. No non-tower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance. The Township Council may, in its discretion, waive this prohibition if the applicant can demonstrate that the proposed location is less visually intrusive than other potential sites.
(3)
Proof of ownership or agreement. The applicant shall include a copy of a written agreement for the use of the structure if the applicant is not the owner the parcel on which the non-tower WCF will be constructed.
(4)
Building permit required. Applicants proposing the modification of an existing non-tower WCF shall obtain a building permit from the Zoning Officer. In order to be considered for such permit, the applicant must submit a permit application to the Township Zoning Officer.
(5)
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(6)
Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the ANSI as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E Code, as amended).
(7)
Height. Any non-tower WCF shall be designed at the minimum functional height. All non-tower WCF applicants must submit documentation to the Township justifying the total height of the structure.
(8)
Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
(9)
Maintenance. The following maintenance requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township residents.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(10)
Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(11)
Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(12)
Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. The Township shall notify the WCF applicant as to completeness of the WCF application within 30 days of receipt. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.[1]
[1]
Editor’s Note: See 53 P.S. § 11702.1 et seq.
(13)
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(14)
Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.
(15)
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 non-tower WCF.
(16)
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(17)
Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage or depreciation of property value or for violation of property or zoning rights, 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 non-tower WCF and each owner of property upon which a tower-based WCF is located. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance, or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(18)
Engineer signature. All plans and drawings for all non-tower WCFs shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
§ 203-807 Specific requirements for non-tower WCF outside the ROW.
A.
Non-tower WCF outside the ROW. The following regulations shall apply to non-tower WCFs outside the ROW:
(1)
Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:
(a)
Such WCF does not exceed the maximum height permitted in the underlying zoning district.
(b)
If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(c)
An eight-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(2)
Design regulations.
(a)
Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township Council.
(b)
Non-tower WCFs, which are mounted to a building or similar structure, may not exceed a height of 10 feet above the roof or parapet.
(c)
The total height of any support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district.
(d)
All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(3)
Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(4)
Non-commercial usage exemption. Township citizens utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this chapter.
(5)
Removal, replacement, and modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennae.
(b)
Any material modification, such as an increase in height or width, to a WCF shall require a prior amendment to the original permit or authorization.
(6)
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
§ 203-808 Specific requirements for non-tower WCF in the public ROW.
A.
Non-tower WCF in the ROW. The following additional regulations shall apply to all non-tower WCFs located in the ROW:
(1)
Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles in the public ROW, such as utility poles or light poles.
(2)
Design requirements.
(a)
WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint 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.
(b)
Antennae and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Township and the requirements of the PUC.
(4)
Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a)
The placement of all ground-mounted equipment, walls, or landscaping shall be in accordance with the standards set forth in Article V of this chapter.
(b)
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(e)
Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Township.
(5)
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable PUC 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 ROW.
(b)
The operations of the Township or other governmental entity in the ROW.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Township.