Perkiomen Township City Zoning Code
ARTICLE XXV
Wireless Communication Facilities
§ 310-198 Legislative intent.
A.
The purpose of this article is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communication facilities in Perkiomen Township. While the Township recognizes the importance of wireless communication facilities in providing high-quality communication service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse effects of such facilities (including adverse visual effects) through the standards set forth in the following provisions.
B.
By enacting this article, the Township intends to:
(1)
Promote health, safety and welfare of Township residents and businesses with respect to wireless communication facilities;
(2)
Provide for the managed development of wireless communication facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of Township residents and wireless carriers in accordance with federal and state laws and local ordinances and regulations;
(3)
Establish procedures for the design, siting, construction, installation, maintenance and removal of wireless communication facilities in the Township, including facilities both inside and outside the public right-of-way;
(4)
Address and provide for new wireless technologies, including but not limited to distributed antenna systems ("DAS"), data collection units, cable wi-fi and other wireless communications facilities;
(5)
Encourage the co-location of wireless communication facilities on existing structures rather than the construction of a new support structure;
(6)
Protect Township residents and businesses from potential adverse impacts of wireless communication facilities, to the extent permitted under law, and to attempt to preserve the visual character of established communities and the natural beauty of the landscape; and
(7)
Update the Township's wireless communication facilities regulations by incorporating recent changes in federal and state laws and regulations.
§ 310-199 Applicability.
Any wireless communication facility installed, modified, or replaced after the effective date of this chapter shall conform to the regulations set forth within this article.
§ 310-200 Definitions and word usage.
A.
Certain terms that are defined and used in § 310-200 are unique to the Wireless Communication Facilities Ordinance and shall be interpreted in accordance herewith. In the event any definition herein conflicts with another term or definition found elsewhere in Chapter 310, the definition and usage set forth herein shall supersede and control with regard to the regulations set forth in this § 310-200.
B. APPLICANT CO-LOCATION DISTRIBUTED ANTENNA SYSTEM (DAS) EMERGENCY FCC MODIFICATION or MODIFY MONOPOLE PENNSYLVANIA MUNICIPALITIES PLANNING CODE PERSON PUC REPLACEMENT RIGHT-OF-WAY or ROW SIGNIFICANT GAP/GAP IN SERVICE STEALTH TECHNOLOGY SUBSTANTIAL CHANGE(1) (a) (2) (3) (4) (5) (6) TOWNSHIP WIRELESS WIRELESS COMMUNICATION ACCESSORY EQUIPMENT (ACCESSORY EQUIPMENT) WIRELESS COMMUNICATION ANTENNA (ANTENNA) WIRELESS COMMUNICATION FACILITY (WCF) WIRELESS COMMUNICATION SUPPORT STRUCTURE (SUPPORT STRUCTURE)
As used in this article, the following terms shall have the meanings indicated:
Includes but is not limited to any person, owner, and/or their agent with an interest in a wireless communication facility, or anyone seeking a building permit, zoning approval, and/or permission to use the public right-of-way or other public or private property for any wireless communication facility.
The mounting of one or more wireless communication facilities on any existing support structure.
Network of spatially separated antenna sites connected to a common source that provides wireless communication service within a geographic area or structure.
A condition that:
Federal Communications Commission.
The improvement, upgrade or expansion of existing wireless communication facilities, or the improvement, upgrade or expansion of the wireless communication facilities located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless communication facilities.
A wireless communication support structure which consists of a single pole designed and erected on the ground or on top of a structure, to support wireless communication antennas and accessory equipment.
The Act of July 31, 1968 (P.L. 805, No. 247), known as the Pennsylvania Municipalities Planning Code ("MPC"), as amended.[1]
Any individual, corporation, company, association, firm, partnership, limited-liability company, or other entity established pursuant to statutes of the Commonwealth of Pennsylvania. The term "person" does not include or apply to the Township.
Pennsylvania Public Utilities Commission.
The replacement of existing wireless communication antenna on any existing support structure or on existing accessory equipment for 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 existing wireless communication antenna and which does not substantially change the physical dimensions of any existing support structure.
The surface of, and the space above and below, any real property in the Township in which the Township or Commonwealth of Pennsylvania ("commonwealth") has a regulatory interest, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, bridges, or any other public place, area or property under the control of the Township or commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township or commonwealth. The phrase "in the right-of-way" means in, on, over, along, above and/or under the right-of-way.
An area where wireless communication coverage does not exist for any wireless communication operator. The existence or nonexistence of a gap in wireless coverage, and the size thereof, shall be a factor in the Township's decision on an application for installation.
Camouflaging methods applied to wireless communication facilities which render them more visually appealing or which serve to 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 facilities, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles, and the like.
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
For any support structure, other than a support structure in the public right-of-way, it increases the height of a support structure by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for any other eligible support structure, it increases the height of the structure by more than 10%, or more than 10 feet, whichever is greater;
Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the support structure or accessory equipment, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of this article.
For any support structure other than a support structure in the public right-of-way, it involves adding an appurtenance to the body of the support structure that would protrude from the edge of the support structure more than 20 feet, or more than the width of any support structure at the level of the appurtenance, whichever is greater; for any other eligible support structure, it involves adding an appurtenance to the body of the support structure that would protrude from the edge of the support structure by more than six feet;
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for any support structure in the public right-of-way and accessory equipment, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the support structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
It entails any excavation, deployment, or installation beyond the footprint of any existing accessory equipment or WCF;
It would defeat the concealment elements of the eligible support structure; or
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or accessory equipment, provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsection (1) through (4) of this definition.
Perkiomen Township, Montgomery County, Pennsylvania, and its Board of Supervisors, agents, and/or employees.
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
Any equipment serving or being used in conjunction with a wireless communication facility. The term includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, buildings, and similar structures.
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless communication signals licensed or regulated by the FCC. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. For purposes of this article, the term "antenna" includes, whenever applicable, the plural "antennas."
The set of equipment and network components, including, but not limited to, antennas, transmitters, receivers, base stations, cabling and accessory equipment, and any support structure used to provide wireless communication service. WCFs, as defined by this section, shall include, but not be limited to, DAS hub facilities and mini cell towers.
[Amended 8-2-2022 by Ord. No. 240]
Any structure that is used for the purpose of supporting one or more antennas, accessory equipment, including, but not limited to, any building, water tower, silo, self-supporting lattice tower, guy tower or monopole, utility pole or light pole. For purposes of this article, the term "structure" includes, whenever applicable, the plural "structures."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 310-201 General requirements for any wireless communication support structure.
The following regulations shall apply to any wireless communications support structure:
A.
Technical standards.
(1)
Compliance with applicable regulations. Any support structure shall be designed, constructed, operated, maintained, repaired, modified and/or removed only in strict compliance with the most current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electric Safety Code, National Electric Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors.
(2)
Weather and the elements. Any proposed support structure shall be designed to withstand the effects of wind, snow, ice, flood, earthquake, and other predictable weather and geological events according 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/EIN/TIA-222-E Code, as amended).
(3)
Design regulations:
(a)
Any proposed support structure shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Township.
(b)
Any proposed support structure shall be designed structurally, electronically, and in all respects to accommodate the applicant's proposed antenna, additional antenna for future users, and accessory equipment.
(c)
The applicant shall submit a soil report to the Township complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA 222-E, as amended, to document and verify the design specifications of the foundation of any support structure, and anchors for guy wires, if used.
(d)
Whenever practical, a support structure shall be constructed of natural materials. When man-made products must be used, they shall be of such materials and/or colors best suited to blend into the surrounding environment and to minimize any adverse aesthetic impact. Any metal support structure shall be galvanized and/or painted with a rust-preventative paint of an appropriate color to harmonize with the surroundings.
B.
Maintenance standards. The following standards shall apply to the maintenance of any support structure:
(1)
Any support structure shall be fully automated, unattended, and shall be visited by the installer and/or its agents only for maintenance or emergency repair.
(2)
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 and the general public.
(3)
All maintenance activities shall utilize the best available technology so as to prevent failures and accidents.
(4)
Inspection. The Township reserves the right to inspect any support structure to ensure compliance with the provisions of this article and any other provisions found within the Township Code or state or federal law. The Township shall have the authority to enter the property upon which any support structure is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(5)
Any support structure 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 property in the Township.
C.
Modification standards. The following standards shall apply for the modification of any support structure:
(1)
As a condition of approval for any support structure, the applicant shall provide the Township with a written commitment that it will allow other wireless service providers to co-locate antennas or accessory equipment on any support structure. No support structure applicant shall install, or permit the installation of, any additional antenna or accessory equipment without the prior written approval of the Township.
(2)
Any increase in the height of an existing support structure shall require prior approval of the Township.
(3)
Any increase in the height of a support structure which would constitute a substantial change shall not occur without the approval of the Township.
(4)
No modification that interferes with an existing antenna shall be permitted.
D.
Co-location. An application for a new or modified support structure shall not be approved unless the applicant demonstrates to the Township by clear and convincing evidence that the antenna and accessory equipment planned for the proposed support structure cannot be accommodated on an existing or approved structure or building. Any application for approval of any support structure shall include an inventory of all existing support structures and other suitable structures within a two-mile radius from the point of the proposed support structure, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why any existing support structure or other suitable structure cannot be utilized.
E.
Public safety communications. No support structure shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
F.
Significant gap. An applicant for any support structure 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 support structure being proposed is the least intrusive means by which to fill that significant gap in wireless coverage. The existence or nonexistence of a significant gap in wireless coverage shall be a factor in the Township's decision on an application for approval of any support structure.
G.
Radio frequency emissions. No support structure may, by itself or in conjunction with other antenna, 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.
H.
Permit fees. The Township may assess reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of any support structure, additional antenna, or accessory equipment, as well as related inspection, monitoring and related costs. Fees shall be collected in accordance with the Township's fee schedule, which shall be consistent with all applicable federal, state, and FCC laws and regulations.
I.
Bond. Prior to the issuance of any permit, the applicant for any support structure shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Township, in the minimum amount of $1,000,000 to assure the faithful performance of the terms and conditions of this article, after reasonable notice and opportunity to cure. The bond shall also include a provision that same may not expire or be cancelled or terminated for any reason without 60 days' advance written notice to the Township. The applicant shall file the bond with the Township.
J.
Visual or land use impact. When evaluating an application for the placement of a WCF, the Township shall consider and protect against any adverse visual and/or land use impact.
K.
Signs. Any support structure shall include signage in a readily visible location, identifying the name, address, and phone number of a party responsible for the support structure, antenna, or accessory equipment in the event of an emergency. No other signs shall be permitted on any support structure.
L.
Lighting. No support structure 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 as is permissible under federal, state and local regulations.
M.
Noise. Any support structure 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.
N.
Aviation safety. Any support structure shall comply with all federal and state laws and regulations concerning aviation safety.
O.
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 any support structure and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this article. The applicant of any proposed support structure shall reimburse the Township for the costs of the Township's consultants in providing expert evaluation and consultation in connection with the proposed use.
P.
Timing of approval. Within 30 days of the date that an application for any support structure is filed with the Township; the Township shall notify the applicant, in writing, of any information that may be required to complete such application. If additional information is requested by the Township, the time required by the applicant to provide that information shall not be counted toward the deadlines set forth below.
(1)
Any support structure application that involves a modification, co-location, or replacement shall be acted upon by the Township within 60 days of receipt of a completed application, and the Township shall thereafter advise the applicant, in writing, of its decision.
(2)
All other support structure applications shall be acted upon within 90 days of the receipt of a completed application, and the Township shall thereafter advise the applicant, in writing, of its decision.
Q.
Nonconforming uses. Any nonconforming support structure which is hereafter damaged or destroyed due to any reason or cause may be repaired and restored at its former location, but must otherwise comply with the terms and conditions of this article.
R.
Removal. In the event that use of any support structure is planned to be discontinued, the applicant shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Any unused or abandoned support structure, or portions of any support structure, shall be removed as follows:
(1)
Within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(2)
If not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the support structure may be removed by the Township and the cost of removal assessed against the applicant.
S.
Replacement. Should the applicant of any support structure desire to replace any portion of any support structure previously removed, the applicant must first obtain the written approval of the Township.
§ 310-202 Wireless communication support structures outside right-of-way.
In addition to the provisions of § 310-201 above, the following regulations shall apply to any support structure located outside the right-of-way:
A.
Permitted locations.
(1)
Support structures are permitted by right only in the Industrial District ("IN") and on the property owned by the Township located at 1 Trappe Road, Collegeville, Pennsylvania.
B.
Height. Any support structure shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, inclusive of any subsequent additions, modifications, or alterations. All applicants must submit documentation to the Township justifying the total height of the proposed support structure.
C.
Surrounding environs. The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to any support structure shall be preserved to the maximum extent possible.
D.
Fence/screen:
(1)
A six-foot-high security fence shall surround any support structure, guy wires, or any accessory equipment.
(2)
An evergreen screen that consists of a hedge, planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum shall be located along the perimeter of the security fence.
E.
Accessory equipment:
(1)
Ground-mounted equipment that cannot be placed or installed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(2)
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.
(3)
Graffiti on any support structure or any accessory equipment shall be removed at the sole expense of the owner, or its agent, within 10 business days of notification by the Township of the existence of the graffiti.
(4)
Any underground vault related to any support structure shall be reviewed and approved by the Township.
F.
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to any support structure. 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 applicant shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
G.
Historic buildings or districts. No support structure may be located on a building or structure that is listed on an historic register or is located in an historic district, or on any building or structure that has been designated by the Township as being of historic significance.
§ 310-203 (Reserved) [1]
§ 310-204 General requirements for all wireless communication antenna and wireless communication accessory equipment.
The following regulations shall apply to all wireless communication antennas and wireless communication accessory equipment:
A.
Permitted in all zoning districts subject to regulations. Wireless communication antennas ("antennas") and wireless communication accessory equipment ("accessory equipment") are permitted in all zoning districts subject to the restrictions and conditions described in the §§ 310-205 and 310-206 and subject to the prior written approval of the Township.
B.
Technical standards.
(1)
Compliance with applicable regulations. All antenna and accessory equipment 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 American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any antenna and accessory equipment 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 any person or any property in the Township.
(2)
Weather and the elements. All antenna and accessory equipment shall be designed to withstand the effects of wind according 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/EIN/TIA-222-E Code, as amended).
C.
Maintenance standards.
(1)
The following maintenance requirements shall apply:
(a)
The antenna and accessory equipment 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.
D.
Modification standards. The following standards shall apply to the modification of all antenna and accessory equipment:
(1)
In order to upgrade, expand, replace, or repair any antenna and/or accessory equipment, an applicant must first obtain written approval from the Township, so long as such expansion, repair, replacement or upgrade does not substantially change the wireless communication facility, antenna, or accessory equipment.
(2)
Any material modification to an antenna or accessory equipment shall require the obtaining of a building permit prior to any such modification.
E.
Public safety communications. No antenna or accessory equipment shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
F.
Aviation safety. All antenna and accessory equipment shall comply with all federal and state laws and regulations concerning aviation safety.
G.
Radio frequency emissions. No antenna or accessory equipment may, by itself or in conjunction with other antenna or accessory equipment, 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.
H.
Removal. In the event that use of an antenna or accessory equipment is discontinued, the applicant 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 antenna or accessory equipment shall be removed as follows:
(1)
Within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(2)
If not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the antenna and/or accessory equipment may be removed by the Township and the cost of removal assessed against the applicant of the antenna and accessory equipment.
I.
Timing of approval. Within 30 days of the date that an application for an antenna or accessory equipment is filed with the Township; the Township shall notify the applicant, in writing, of any information that may be required to complete such application. If additional information is requested by the Township, the time required by the applicant to provide that information shall not be counted toward the deadlines set forth below:
(1)
Any antenna or accessory equipment application that involves a modification, co-location, or replacement shall be acted upon by the Township within 60 days of receipt of a completed application, and the Township shall thereafter advise the applicant, in writing, of its decision.
(2)
All other antenna or accessory equipment applications shall be acted upon within 90 days of receipt of a completed application, and the Township shall thereafter advise the applicant, in writing, of its decision.
J.
Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating an application for approval of the antenna or accessory equipment and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this article. The applicant of the antenna or accessory equipment shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
K.
Bond. Prior to the issuance of a permit, the applicant of an antenna or accessory equipment shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township, in an amount of $1,000,000 to assure the faithful performance of the terms and conditions of this article. The bond shall provide that the Township may recover from the principal and surety and all compensatory damages incurred by the Township for violations of this article, after reasonable notice and opportunity to cure. The applicant shall file a copy of the bond with the Township.
L.
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 an antenna, tower, or accessory equipment, as well as related inspection, monitoring and related costs. Fees shall be collected in accordance with the Township's fee schedule, which shall be consistent with all applicable federal, state, and FCC laws and regulations.
M.
Visual or land use impact. When evaluating an application for the placement of any WCF, the Township shall consider and protect against any adverse visual and/or land use impact.
N.
Inspection. The Township reserves the right to inspect any antenna or accessory equipment to ensure compliance with the provisions of this article and any other provisions found within the Township Code or state or federal law. The Township shall have the authority to enter the property upon which an antenna or accessory equipment is located at any time, upon reasonable notice to the operator, to ensure such compliance.
§ 310-205 Wireless communication antenna and accessory equipment outside right-of-way.
In addition to the provisions of § 310-204 above, the following regulations shall apply to antenna and accessory equipment located outside the right-of-way.
A.
Development regulations. Antenna and accessory equipment shall be co-located on existing support structures, subject to the following conditions:
(1)
Such antenna and accessory equipment, including the support structure and all subsequent additions and alterations, does not exceed a maximum height of 150 feet.
(2)
If the applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(3)
A six-foot-high security fence shall surround any accessory equipment. Vehicular access to the accessory equipment shall not interfere with the parking or vehicular circulations on the site for the principal use.
B.
Design regulations.
(1)
Antennas and accessory equipment shall employ stealth technology and be treated to match the support structure in order to minimize any adverse aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Township.
(2)
Antennas and accessory equipment which are mounted to a structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher.
(3)
Applicants must submit documentation to the Township justifying the total height of the antenna and accessory equipment. Such documentation shall be analyzed in the context of such justification on an individual basis.
(4)
Antennas and accessory equipment shall be no greater in diameter than any cross-sectional dimension that is reasonably necessary for their proper function.
C.
Historical buildings or districts. No antenna or accessory equipment may be located on a building or structure that is listed on an historical register, or is listed in an historical district, or on any building or structure that has been designated by the Township as being of historical significance.
§ 310-206 (Reserved) [1]
§ 310-207 Violations and penalties.
A.
Penalties. Any person violating any provision of this article shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this article and any other remedy at law or in equity, the Township may apply to a federal district court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this article.
B.
Determination of violation. In the event a determination is made that a person has violated any provision of this article, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgement, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this article and/or federal and/or Pennsylvania law and regulations.
§ 310-208 Miscellaneous.
A.
Police powers. The Township, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
B.
Severability. If any section, subsection, sentence, clause, phrase or word of this article is for any reason held illegal or invalid by any court of competent jurisdiction, such holdings shall not render the remainder of this article invalid.