Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision of necessary services;

Provide for the managed development of wireless communications facilities 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;

Establish procedures for the design, siting, construction, installation, maintenance and removal of both telecommunications towers and telecommunications antennas in the Township, including facilities both inside and outside the public rights-of-way;

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

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 telecommunications antenna and related facilities on existing towers or infrastructure if possible; and

Promote the health, safety and welfare of the Township's residents.

Standard of care. All telecommunications antennas and related equipment, shall be designed, constructed, installed, 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. Any telecommunications antennas shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Permitted in all zoning districts pursuant to regulations. Telecommunications antennas are permitted pursuant to this zoning ordinance in all zoning districts, so long as such telecommunications antennas comply with all of the terms and conditions enumerated herein and subject to prior written approval of the Township.

Upon receipt of an application, the Township shall mail notice thereof to the owners of every property zoned residential within 500 lineal feet of the parcel or property of the proposed facility.

Historic areas. No telecommunications antenna may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Registers of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the Township to be of specific historical significance.

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

Aviation safety. Telecommunications antennas shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications and other communications services. Telecommunications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A telecommunications antenna shall not, by itself or in conjunction with other telecommunications antennas and/or telecommunications towers, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Removal. In the event that use of a telecommunications antenna is discontinued, or the permit term expires, 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 telecommunications antennas, or portions of telecommunications antennas, shall be removed as follows:

Insurance. Each person that owns or operates a telecommunications 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 telecommunications antenna.

Indemnification. Each person that owns or operates a telecommunications 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 telecommunications antenna. Each person that owns or operates a telecommunications 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 telecommunications antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

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

Removal, replacement and modification.

Timing of approval. Within 10 days of the date of the application for a telecommunications antenna, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 60 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. If addition information was requested by the Township to complete the application, the time required by the applicant to provide the information shall not be counted toward the Township's sixty-day review period.

Retention of experts. The Township may hire any consultant(s) or expert(s) necessary to assists the Township in reviewing and evaluating the application for approval of the telecommunications antenna and in reviewing and evaluating any potential violations after construction. The applicant and/or owner of the telecommunications antenna shall reimburse the Township for all costs of the Township's consultant or expert.

Permit fee. The Township may assess appropriate and reasonable permit fees for reviewing and approval of all applications to be set by resolution of the Township.

Prohibited on certain structures. No telecommunications antenna shall be located on single-family residences, duplexes, or townhomes.

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

Security fence. A security fence with a maximum height of eight feet shall surround any separate communications equipment building. 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.

Noncommercial usage exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance. Amateur radio operators are exempt from the regulations enumerated in this article.

Design regulations. Telecommunications antennas shall employ stealth technology, be treated to match the wireless support structure in order to minimize aesthetic impact, and comply with all other design requirements as adopted by the Township. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Township.

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

Co-location. Telecommunications antennas in the ROW shall be co-located on existing poles, 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 telecommunications antennas on existing poles or freestanding structures that do not already act as wireless support structures or in the case of SWF may install a new utility pole for the purpose of mounting the SWF.

Design requirements:

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

Compensation for ROW use. In addition to permit fees as described above, every non-tower WCF and SWF in the ROW is subject to the Township's right to fix by resolution a fair and reasonable compensation to be paid annually for the use of the ROW. Such compensation for ROW use shall be directly related to, the costs of administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The annual fee shall be determined by the Township and authorized by resolution.

All pole attached wireless equipment must be a minimum of 10 feet from the sidewalk elevation.

WCF operator/permittee shall remove or paint over unnecessary equipment manufacturer decals. WCF shall not include advertisements and may only display information required by a federal, state or local agency.

All cables, wires and connectors related to WCF must be fully concealed on the wireless support structure and shall match, as close as possible, subject to approval of the Township, the color of the wireless support structure.

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

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

Standard of care. All telecommunications 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 Commercial 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, telecommunications towers shall be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Notice. Upon submission of an application for a telecommunications tower and the scheduling of the mandatory public hearing in front of the Township Commissioners, 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. Notice and hearing is not required for SWF.

Conditional use authorization required. Telecommunications towers, except those used exclusively for SWF, are permitted by conditional use in the R-4 Multifamily Residential District, at a height necessary to satisfy their function in the applicant's wireless communications system. Telecommunication Towers designed exclusively for SWF are permitted in all zoning districts. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed telecommunications tower is the minimum height necessary for its service area. SWF shall not be subject to the conditional use process, but shall be bound by all other requirement including the permitting process.

Engineer inspection. Prior to the Commissioners' issuance of a permit authorizing construction and erection of a telecommunications tower, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed telecommunications 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 or permitting proceedings before the Township Commissioners, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

Visual appearance. Telecommunications towers shall employ stealth technology. All telecommunications 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 Commissioners shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and construction principles, practices and techniques.

Co-location and siting. An application for a new telecommunications tower, other than SWF, shall demonstrate that the proposed telecommunications tower cannot be accommodated on an existing or approved structure or building, or on land owned by the Township of Patterson. The Township Commissioners may deny an application to construct a new telecommunications tower if the applicant has not made a good faith effort to mount the telecommunications antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 mile radius of the site proposed, sought permission to install a telecommunications antenna on those structures, buildings, and towers and was denied for one of the following reasons:

Co-location and siting SWF. When applying to install a new utility pole for a SWF, the applicant must demonstrate that it cannot meet the service reliability and functional objectives of the application by co-locating on an existing utility pole or municipal pole instead of installing a new utility pole. The applicant must self-certify that it has made the determination in good faith and provide a summary of the basis of the determination in accordance with the SWFDA.

Permit required. An applicant proposing the modification or construction of a telecommunications tower otherwise not subject to the conditional use process is required to submit an application to the Township.

Gap in coverage or capacity. An applicant for a telecommunications tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of telecommunications tower being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Township Commissioners' decision on an application for approval of telecommunications tower. SWF shall not be subject to this Subsection A(9).

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

Wind. Any telecommunications 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.

Height. Any telecommunications tower shall be designed at the minimum functional height. The maximum height of any new telecommunications tower outside the public rights-of-way shall be 175 feet. Telecommunications towers in the ROW shall not exceed a height of 50 feet above ground level.

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

Public safety communications and other communications services. No telecommunications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. A telecommunications tower shall not, by itself or in conjunction with other telecommunications towers or telecommunications antennas, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Historic buildings or districts. No telecommunications tower may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Registers of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the Township to be local historic significance.

Signs. All telecommunications 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 telecommunications tower shall be those required by the FCC, or any other federal or state agency.

Lighting. No telecommunications tower shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. 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 Manager.

Noise. Telecommunications towers 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.

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

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

Timing of approval. Within 30 calendar days of the date that an application for a telecommunications tower is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for telecommunications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such telecommunications 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. For SWF, within 10 calendar days of the date that an application for a telecommunications tower is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for telecommunications towers shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such telecommunications 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 ninety-day review period.

Nonconforming uses. Nonconforming telecommunications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.

Removal. In the event that use of a telecommunications tower is planned to be discontinued or the permit term expires, 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 telecommunications towers or portions of telecommunications towers shall be removed as follows:

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

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

Insurance. Each person that owns or operates a telecommunications 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 telecommunications tower. Each person that owns or operates a telecommunications 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 telecommunications tower.

Indemnification. Each person that owns or operates a telecommunications 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 telecommunications tower. Each person that owns or operates a telecommunications 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 telecommunications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

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

Financial security. Prior to receipt of a zoning permit for the construction or placement of a telecommunications tower, the applicant shall provide to the Township financial security sufficient to guarantee the construction of the telecommunications tower. Said financial security shall remain in place until the telecommunications tower is fully constructed. Should the telecommunications tower be abandoned by the owner and/or operator, and not removed within two months of such abandonment, the Township shall have the authority to remove the telecommunications tower and sell all of its pieces, as well as related equipment, used in the operation of the telecommunications tower, in order to recover the cost of said removal. This Subsection A(31) shall not apply to SWF applicants.

Development regulations.

Design regulations.

Surrounding environs.

Fence/screen.

Related equipment.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to telecommunications 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 telecommunications tower owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

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

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

Location and development standards.

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

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

Design regulations.

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a telecommunications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications tower when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Reimbursement for ROW use. In addition to permit fees as described in this section, every telecommunications tower in the ROW is subject to the Township's right to fix annually by resolution a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each telecommunications tower shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

Damage and repair. The applicant shall repair all damage to the ROW or any other land so disturbed and return the ROW in as good a condition as it existed prior to any work. If the applicant fails to make repairs within 30 days of written notice, the municipality may perform the repairs and charge applicant the reasonable documented costs plus a penalty of $500.