By enacting these provisions, the Township intends to:

Standard of Care. Any wireless telecommunications facility and any associated wireless support structure 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, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, if applicable. Any wireless telecommunications facility and any associated wireless 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 any property in the Township.

Wind. Any wireless support structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute (ANSI).

Public Safety Communications. No wireless telecommunications facility shall 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 wireless telecommunications facility may, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC.

Aviation Safety. Wireless telecommunications facilities and any associated wireless support structure shall comply with all federal and state laws and regulations concerning aviation safety.

Timing of Approval. Within 30 calendar days of the date that an application for a wireless telecommunications facility is filed with the Township, the Township shall notify the applicant in writing of any information required to complete the application.

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 wireless telecommunications facility and any associated wireless support structure, as well as related inspection, monitoring and related costs. Such permit fees shall be determined by the Township and authorized by resolution of the Board of Commissioners, and shall be based on the Township's actual costs as applied to such wireless telecommunications facility and any associated wireless support structure.

Maintenance. The following maintenance requirements shall apply:

Height.

Identification. All new wireless support structures shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.

Painting and Lighting. All new wireless support structures shall be painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. Wireless support structures shall not be artificially lighted, except as required by law.

Noise. All new wireless support structures 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.

Nonconforming Uses. Nonconforming wireless support structures that 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 ordinance.

FCC License. Each person that owns or operates a wireless support structure shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Co-location.

Design Regulations. Any new wireless 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. In the sole discretion of the Township, the requirement to utilize stealth technology may be waived if the Council determines that the waiver is in the best interest of the Township.

Notice. Upon submission of an application for any new wireless support structure, the applicant shall mail notice thereof to each of the owners of property lying within 300 feet of the boundary lines of the lot for which the application has been filed. Notice shall be served upon the owner by first class mail at the last known address of the property owner according to county records. If service cannot be made upon the owner or occupant, then such property shall be posted by placing the notice on a conspicuous place on the dwelling house, if any, on the property. Such notices shall be supplied by the Zoning Officer, as well as a list of the person or persons to be served, and it shall be the obligation of the applicant to see that such service is made at the applicant's expense and proper return of such service made to the Township.

Graffiti. Any graffiti on the wireless support structure or on any accessory equipment or structures shall be removed at the sole expense of the owner within ten business days of notice of the existence of the graffiti.

Removal. In the event that use of a wireless support structure is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless telecommunications facilities, or portions thereof, shall be removed as follows:

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 new wireless support structure and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The applicant and/or owner of the wireless telecommunications facility shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Financial Security. Prior to the issuance of a permit for a new wireless support structure, the applicant shall, at its own expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this Part. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this Part, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township.

Permitted in Certain Zones Subject to Regulations. New wireless support structures outside the right-of-way shall be permitted only in the I-Industrial and LC&I-Limited Commercial Industrial Zoning Districts subject to the restrictions and conditions provided herein. Additionally, no new wireless support structure shall be located within 100 feet of the zoning district boundary of the R-A Rural-Residential, R-1 Residential, R-2 Residential, R-3 Residential, A-Apartment House, or RR-Retirement Residential Communities Zoning Districts, nor within 100 feet of the boundary of a registered historic district within the Township.

Zoning Standards. New wireless support structures shall be permitted as either the sole use on a lot or combined with another nonresidential use on the same lot. The wireless support structure and any other structures or equipment on the lot must comply with all applicable standards of the underlying zoning district, including but not limited to: minimum lot size and setback requirements.

Fence/Screen. A security fence having a maximum height of six feet shall completely surround any new wireless support structure, guy wires, or any accessory equipment or structures. A screening buffer per the Township Subdivision and Land Development Ordinance § 22-507, Subsection 3F, shall be located along the perimeter of the security fence.

Accessory Equipment and Structures. All utility buildings and accessory structures shall be architecturally designed to blend into the environment. All utility buildings and accessory structures shall have a maximum building footprint of 600 square feet and a maximum height of 15 feet.

Access Road. An access road, turnaround space, and parking shall be provided as needed to ensure adequate emergency and service access to the wireless support structure. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Where applicable, the owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

Inspection. The Township reserves the right to inspect any wireless support structure to ensure compliance with the provisions of this Part 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 wireless telecommunications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Permitted in Certain Zones Subject to Regulations. New wireless telecommunications facilities in the right-of-way shall be co-located and permitted only in the I Industrial, RE Recreation, C Commercial, L-C Limited Commercial, LC&I Limited Commercial and Industrial, and B-P Business and Professional Zoning Districts subject to the restrictions and conditions provided herein.

Time, Place, and Manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless support structures 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. Wireless support structures in the ROW and any accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. Equipment connected to, or associated with, a wireless support structure shall be either attached to the same pole, with at least 12 feet of vertical clearance between the ground and the bottom of the equipment structure, or located underground.

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 wireless support structure in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless telecommunications facility 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:

Compensation for ROW Use. In addition to permit fees as described in § 27-2402, Subsection 7, above, every wireless support structure in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation 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 annual ROW management fee for wireless support structures in the ROW shall be determined by the Township and authorized by resolution of the Board of Commissioners and shall be based on the Township's actual ROW management costs as applied to such wireless support structure.

Easement. Where the proposed co-located wireless telecommunications facility will be located on a property with another principal use, the applicant shall present documentation evidencing that the owner of the property has granted an easement, license agreement, or other access agreement satisfactory to the Township for the proposed facility, and that vehicular access is provided to that facility.

Removal. In the event that use of a co-located wireless telecommunications facility is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless telecommunications facilities or portions of wireless telecommunications facilities shall be removed as follows:

Historic Buildings. No wireless telecommunications facility may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or has been designated by the Township as being of historic significance.

Development Regulations. Co-located wireless telecommunications facilities shall be co-located on existing structures, such as existing buildings or existing wireless support structures subject to the following conditions:

Design Regulations. Co-located wireless telecommunications facilities located outside the ROW shall employ the most current stealth technology available and be treated to match the supporting structure in an effort to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Township. In the sole discretion of the Township, the requirement to utilize stealth technology may be waived if the Board of Commissioners determines that the waiver is in the best interest of the Township.

Inspection. The Township reserves the right to inspect any wireless telecommunications facility to ensure compliance with the provisions of this 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 wireless telecommunications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Co-location. Co-located wireless telecommunications facilities located in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

Time, Place, and Manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless telecommunications facilities 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.

Design Requirements.

Equipment Location. Co-located wireless telecommunications facilities located in the ROW and any accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. Equipment connected to, or associated with, a wireless telecommunications facility shall be either attached to the same pole, with at least 12 feet of vertical clearance between the ground and the bottom of the equipment structure, or located underground.

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 wireless telecommunications facility located in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless telecommunications facility 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:

Compensation for ROW Use. In addition to permit fees as described § 27-2302, Subsection 7, above, every wireless telecommunications facility located in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation 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 annual ROW management fee for wireless telecommunications facilities located in the ROW shall be determined by the Township and authorized by resolution of the Board of Commissioners and shall be based on the Township's actual ROW management costs as applied to such wireless telecommunications facility.