Neville Township City Zoning Code
ARTICLE XVIII
Wireless Communications Facilities
§ 340-113 Purpose.
The purposes of this article 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 compliance with applicable federal and state law in the Township of Neville ("Township").
§ 340-114 Definitions.
The definitions found herein apply only to wireless communications facilities and the regulations found in this article.
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure, including but not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
A use customarily incident and subordinate to the principal use or building and located on the same lot with the principal use or building.
An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
Wireless communications facilities collocated on existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower.
The mounting of one or more WCFs, including antennas, on a pre- existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.
Any request for modification of an existing wireless communications facility that meets the requirements of 47 CFR § 1.6100s.
A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.
The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Township, or to any department or agency of the Township.
The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
A wireless communications facility that meets the following qualifications:
Camouflaging methods applied to wireless communications facilities and accessory equipment 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 antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
A modification substantially changes the physical dimensions of a support structure if it meets the criteria established by 47 CFR § 1.6100.
By virtue of engineering or spectrum usage, the proposed placement for a WCF or its design or site location can be implemented without a material reduction in the functionality of the WCF.
Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment.
A zoning district in which all utility installations are required to by installed underground on a non-discriminatory basis.
An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.
Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public ROW or other Township-owned or third party land or property.
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or comingled with other types of services).
§ 340-115 General requirements for all wireless communications facilities.
The following regulations shall apply to all wireless communications facilities located within the Township:
Standard of care.
All WCFs shall meet or exceed all applicable standards and provisions of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail.
If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for revocation of the WCF permit and removal of the WCF at the owner's expense.
The WCF applicant shall submit proof of compliance with all applicable federal and state standards, including but not limited to those established by the Federal Communications Commission, as part of any complete WCF application.
Eligible facilities requests. WCF applicants proposing a modification to an existing WCF shall be required only to obtain a building permit from the Township Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township Zoning Officer in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR § 1.6100. The permit application shall detail all dimensional changes being made to the WCF and wireless support structure.
Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the requirements of this Article XVIII.
Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
Aviation safety. WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
Public safety communications. WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
Radio frequency emissions. No 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. Proof of compliance with such standards shall be included in any application for a WCF. The Township may periodically request proof a WCF's continued compliance with such standards.
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and § 340-68C of 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.
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 WCF, as well as related inspection, monitoring and related costs.
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this Article XVIII and any other provisions found within the Township Code or state or federal law.
Recertification. The owner of a WCF shall submit documentation certifying that the WCF is in operation and remains in compliance with all applicable requirements every five years after approval of the initial permits for the WCF. If the Township determines that the WCF remains in compliance with all applicable regulations, the WCF permit shall be renewed. If a WCF permit is not renewed as required, the WCF shall be deemed abandoned and may be removed in accordance with Subsection L below.
Abandonment; removal. In the event that use of a WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date on which the use shall be discontinued. A WCF not operated for a period of 12 months or a WCF for which the applicable permit has expired without recertification in accordance with Subsection K, above, shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
All abandoned or unused WCFs and accessory equipment shall be removed within six months of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Township, unless a time extension is approved by the Township.
If the WCF or accessory equipment is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future, and the Township may file a lien against the property for said costs.
The Township reserves the right to pursue all available remedies under the law to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay by the Township in taking action shall not invalidate the Township's right to take action.
Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of 12 months.
Insurance.
Each person that owns or operates a collocated WCF or small 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 WCF.
Each person that owns or operates a tower-based WCF 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 WCF.
Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a 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 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.
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
The WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
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.
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
Engineer signature. All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
Timing of approval. The following table details the applicable timeframe of approval for each type of WCF application:
Type of WCF/Application | Notice of Incompleteness | Final Decision |
|---|---|---|
Eligible facilities request | 30 calendar days from receipt of initial application; 10 calendar days from receipt of supplemental application for subsequent notices | 60 total calendar days from receipt of initial application |
Collocated WCF | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices | 90 total calendar days from receipt of initial application |
Small WCF (collocated) | 10 business days from receipt of initial or supplemental application | 60 total calendar days from receipt of initial application |
Small WCF (new or replacement wireless support structure) | 10 business days from receipt of initial or supplemental application | 90 total calendar days from receipt of initial application |
Tower-based WCF | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices | 150 total calendar days from receipt of initial application |
§ 340-116 Specific requirements for tower-based wireless communications facilities.
The following regulations shall apply to all tower-based wireless communications that do not meet the definition of a small WCF.
Location standards.
Tower-based WCFs shall not be located in, or within 100 feet of, an area in which all utilities are located underground.
Tower-based WCFs shall be permitted on Township-owned property in all nonresidential zoning districts. Such tower-based WCFs shall not require zoning approval provided that such use shall remain subject to applicable Uniform Construction Code requirements.
Application requirements.
Applications for tower-based WCFs shall be submitted to the Township Zoning Officer and reviewed for compliance with this Article XVIII by the Township Zoning Hearing Board.
Special exception required. Each WCF applicant proposing the construction of a tower-based WCF shall complete and submit a special use application in accordance with the requirements of § 340-123 of the Township Code.
Applications for tower-based WCFs shall include the following:
The name and contact information, including phone number, for both the WCF applicant and, if different, the owner of the proposed tower-based WCF.
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the tower-based WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the tower-based WCF.
A description of the type and manufacturer of all proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, the dimensions of each piece of equipment, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
An aerial photograph of the proposed site showing the area within a 1,500-foot radius of the tower-based WCF. The aerial photograph shall identify all structures and WCFs within such radius.
Photo simulations depicting the tower-based WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the tower-based WCF.
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed tower-based WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
A report by a qualified engineering expert which shows that the tower-based WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
The WCF applicant shall include a copy of a written agreement for use of the land if the WCF applicant is not the owner the parcel on which the tower-based WCF will be constructed.
All application fees required by the Township as detailed in the Township fee schedule.
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 the Township Zoning Ordinance and the following standards:
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district.
Minimum setbacks.
A tower-based WCF shall be set back from any building, structure, property line, or right-of-way by a minimum distance equal to the height of the tower-based WCF.
A tower-based WCF located in the C – Commercial District shall be set back a minimum of 500 feet from any residentially zoned property.
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:
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district. The area needed to accommodate the WCF and guy wires (if approved), equipment building or cabinets, security fence, and buffer planting must not extend outside the lot.
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.
Minimum setbacks.
A tower-based WCF shall be set back from any building, structure, property line, or right-of-way by a minimum distance equal to the height of the tower-based WCF.
A tower-based WCF located in the C – Commercial District shall be set back a minimum of 500 feet from any residentially zoned property.
Design regulations.
Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF Applicants must submit documentation to the Township Zoning Hearing Board justifying the total height of the structure. The maximum total height of any tower-based WCF shall not exceed 200 feet in height.
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 Zoning Hearing Board.
Any substantial change to an existing tower-based WCF shall require the prior approval of Township Zoning Hearing Board to the extent permitted by applicable law. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the charter of the Township.
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.
Equipment buildings, cabinets and accessory structures associated with a tower-based WCF shall not exceed 15 feet in height.
The Township Zoning Hearing Board may require a tower-based WCF to be equipped with an anti-climbing device, as approved by the manufacturer.
Surrounding environs.
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.
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.
Fence/screen.
A security fence having a height not to exceed eight feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as guy wires, or any building housing WCF equipment.
Ground-mounted accessory equipment must be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by Township. Where the site abuts a residential zoning district, public property or street, a buffer area shall be provided along the perimeter abutting the residential district to include at minimum two staggered rows of evergreen trees a minimum of six feet in height, which trees shall be replaced with trees of at least six feet in height when dead or damaged.
Accessory equipment.
Ground-mounted accessory equipment associated or connected with a tower-based WCF shall be underground or screened from public view using stealth technology.
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.
Engineer inspection. Prior to the issuance of a zoning permit authorizing construction and erection of a tower-based WCF, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.
Collocation and siting. An application for a new tower-based WCF shall demonstrate that the proposed WCF cannot be accommodated on an existing or approved structure or building. The Township Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the WCF on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one quarter (1/4) mile radius of the site proposed, sought permission to install a WCF on those structures, buildings, and towers and was denied for one of the following reasons:
The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
The proposed antenna and accessory 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.
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
Additional antennae. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township Board of Commissioners with a written commitment that it will allow at least three other service providers to collocate WCFs on the tower-based WCF where technically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining approval pursuant to this Article XVIII.
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.
Access road. The Township Board of Commissioners may require that an access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF applicant shall present documentation to the Township that the property owner has granted an easement or other property right for the proposed WCF site.
Historic buildings. No tower-based WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, located within a historic district, or is included in the official historic structures list maintained by the Township.
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
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 article. The WCF 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.
Notice required. A WCF applicant proposing the construction of a new tower-based WCF shall, at its expense, mail written notice of the scheduled public hearing to all owners of record of property within 500 feet of the proposed WCF. Such notice shall be mailed at least 14 days prior to the scheduled public hearing and the WCF applicant shall provide a copy of such notice and proof of such mailing to the Township at or before the time of the hearing.
Financial security. Prior to receipt of a zoning permit for the construction of a tower-based WCF, the WCF 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.
§ 340-117 Specific requirements for collocated wireless communications facilities.
The following regulations shall apply to all collocated WCFs that do not meet the definition of a small WCF:
Permitted in all zones subject to regulations. Collocated WCFs are permitted outside the public rights-of-way in all zones subject to the restrictions and conditions prescribed below and subject to generally applicable permitting by the Township.
Application procedures.
Applications for collocated WCFs shall be submitted to the Township Zoning Officer and reviewed for compliance with this Article XVIII.
Applications for collocated WCFs shall include the following:
The name and contact information, including phone number, for both the WCF applicant and, if different, the owner of the proposed collocated WCF.
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the collocated WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the collocated WCF. If the structure upon which the collocated WCF will be located currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the collocated WCF.
An aerial photograph of the proposed site showing the area within 1,500 feet of the collocated WCF. The aerial photograph shall identify all structures within such radius.
Photo simulations depicting the collocated WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the collocated WCF.
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the design of the proposed small WCF is structurally sound and shall not endanger public health and safety.
A report by a qualified engineering expert which shows that the collocated WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
All application fees required by the Township as detailed in the Township fee schedule.
Permit required. Any WCF applicant proposing the construction of a collocated WCF shall first obtain a building permit from the Township Zoning Officer. New construction shall be prohibited without such a permit.
Proof of ownership or agreement. The WCF applicant shall include a copy of a written agreement for use of the property upon which the WCF will located if the WCF applicant is not the owner such property.
Historic buildings. No collocated 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.
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 article. The WCF 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.
Design regulations.
Collocated 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.
Collocated WCFs, shall may not exceed a height of 15 feet above the pre-existing height of the support structure upon which they are mounted or the maximum height permitted in the underlying zoning district, whichever is lesser.
All WCF applicants must submit documentation to the Township justifying the total height of the collocated WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.
Antennas 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.
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.
An eight-foot-high security fence shall surround any separate ground mounted communications equipment building.
Removal; replacement; modification.
The removal or replacement of collocated 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 antennas.
§ 340-118 Regulations applicable to all small wireless communications facilities.
The following regulations shall apply to all small wireless communications facilities in the Township:
Location requirements.
Small WCFs inside the public rights-of-way shall be a permitted use in all Township zoning districts, subject to the requirements of this Article XVIII and generally applicable permitting as required by the Township Code.
Small WCFs that are collocated on existing structures outside the public rights-of-way shall be a permitted use in all Township zoning districts, subject to the requirements of this Article XVIII and generally applicable permitting as required by the Township Code.
Small WCFs, located outside the public rights-of-way, that require the installation of a new or replacement wireless support structure shall be a permitted use in the following zoning districts, subject to the requirements of this Article XVIII and generally applicable permitting as required by the Township Code:
Application procedures.
Applications for small WCFs shall be submitted to the Township Zoning Officer and reviewed for compliance with this Article XVIII.
Applications for small WCFs shall include the following:
The name and contact information, including phone number, for both the WCF applicant and, if different, the owner of the proposed small WCF.
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.
An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
All application fees required by the Township as detailed in the Township fee schedule.
Permit required. Any WCF applicant proposing the construction of a small WCF shall first obtain a building permit from the Township Zoning Office. New construction shall be prohibited without such a permit.
Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, located within a historic district, or is included in the official historic structures list maintained by the Township.
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
Accessory equipment. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.
Attachment to municipal structures. Collocation of small WCFs on structures owned by the Township shall be permitted in accordance with the hierarchy detailed in this section, unless directed otherwise by the Township Zoning Officer. If the WCF applicant is proposing the collocation of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that collocation on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the Township's collocation preferences are as follows:
Graffiti. Any graffiti on the small WCF, wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 days of notification by the Township.
Design standards. All small WCF in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, a copy of which is on file at the Township Department of Code Enforcement.
Resubmission upon denial.
If the Township denies an application for a small WCF, the Township shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Township Code on which the denial was based, within five business days of the denial.
The WCF applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review.
Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 340-115Q shall be extended by 15 days.
Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications for collocated small WCFs within a forty-five-day period, the applicable timeframe under § 340-115Q shall be extended by 15 days.
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
The operations of the Township or other governmental entity in the right-of-way;
Vacation of a street or road or the release of a utility easement; or
An emergency as determined by the Township.
Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
Time limit for completion of construction. The proposed collocation, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the Township and the WCF applicant agree in writing to extend the period.