Westtown Township City Zoning Code
ARTICLE XXV
Wireless Communications Facilities
§ 170-2500 Purposes.
Purposes and findings of fact.
A.
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Westtown Township (referred to herein as the "Township"). While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
B.
By enacting these provisions, the Township intends to:
(1)
Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;
(2)
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;
(3)
Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;
(5)
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 commercial communications antennas and related facilities on existing towers;
(6)
Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations; and
(7)
Promote the health, safety and welfare of the Township's residents.
§ 170-2501 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined below.
To install, mount, maintain, modify or replace one or more WCFs, including antennas, on an existing utility pole or other wireless support structure.
Any of the following:
A cable operator as defined in Section 602(4) of the Cable Communications Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)].
A provider of information service as defined in Section 3(20) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)].
A telecommunications carrier as defined in Section 3(44) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(51)].
A wireless provider.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
A condition that:
Federal Communications Commission.
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.
A small wireless facility that:
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, related equipment includes generators and base stations.
The equipment and network components, including antennas, transmitters and receivers, used by a wireless provider that meet the following qualifications:
Each antenna associated with the deployment is no more than three cubic feet in volume.
The volume of all other equipment associated with the wireless facility, whether ground- mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this subsection.
Camouflaging methods applied to wireless communications towers, antennas and other facilities 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 antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
Any increase in the height of a wireless 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, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless facility.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.
All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment. Non-tower WCF shall include small wireless facilities but shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCF.
A person authorized by the Pennsylvania Public Utility Commission to provide telecommunications service in this commonwealth that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures but is not a wireless services provider.
A wireless infrastructure provider or a wireless services provider.
Services, whether at a fixed location or mobile, using a licensed or unlicensed spectrum, provided to the public using wireless facilities.
A person who provides wireless services.
A freestanding structure, such as a tower-based wireless communications facility or any other support structure, that could support the placement or installation of a wireless communications facility if approved by the Township.
§ 170-2502 Small wireless facilities.
A.
The purpose of this section is to establish procedures and standards, consistent with all applicable federal and state laws, for the consideration, permitting, siting, construction, installation, co-location, modification, operation, regulation and removal of small wireless facilities (SWF) in the public right-of-way of streets and roads. The intent of this section is to:
(1)
Establish basic criteria for applications to install and/or co-locate SWF in the public right-of-way;
(2)
Ensure that SWF are appropriately designed, constructed, modified, maintained, and removed when no longer in use in conformance with all applicable health and safety regulations;
(3)
Preserve the character of the Township by minimizing the potentially adverse visual impact of SWF through careful design, siting, landscaping and camouflaging techniques to blend these facilities into their environment to the maximum extent practicable;
(4)
Establish an application process and structure for payment of fees and charges to be uniformly applied to all applicants, operators and owners of SWF for such facilities;
(5)
Comply with, and not conflict with or preempt, all applicable state and federal laws, as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable federal statutes.
B.
Applicability. Subject to the provisions of this article and granting of the required permits, an applicant may locate and/or co-locate a SWF and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under a public right-of-way.
(1)
An applicant and/or operator shall comply with this article and any rules, regulations, and design guidelines adopted by the Township that are consistent with this article for the installation and/or co-location of a SWF and construction, maintenance, modification, operation, or replacement of wireless support structures in, along, across, upon, and under the public rights-of-way, unless otherwise prohibited by state or federal law.
(2)
All SWF shall be constructed and maintained so as not to impede or impair public safety or the legal use of the public right-of-way by the Township, the traveling public, or other public utilities.
(3)
Nothing in this chapter precludes the Township from applying its generally applicable health, safety, and welfare regulations when acting on an application for a permit for a SWF in the public right-of-way.
C.
Application required. An applicant must apply to the Township to locate a new SWF and/or co-locate any portion of a SWF on an existing wireless support structure or to construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the public right-of-way. Anyone seeking to perform any of these actions shall first duly file a permit application with the Township, in accordance with the requirements of this chapter and additional requirements as set forth in the small wireless facilities design guidelines as adopted by resolution and which may be modified from time to time by further resolution.
D.
Permit required. No person shall occupy or use the public right-of-way without first obtaining the required permit from the Township as described in this article. Before placing SWF in the public right-of-way, an owner must apply for and receive a permit. This provision shall not be construed to waive any application fees or any other construction or work permit necessary for work in the Township. While notice to the Township is required, a permit from the Township shall not be required for routine maintenance or same-size and -type replacement of small wireless facilities that do not interfere with pedestrian or vehicular traffic.
E.
Required application materials. Unless otherwise required by state or federal law, all applicants shall submit to the Township all materials and information associated with each application as outlined below for the application to be considered complete:
(1)
The applicant's name, address, telephone number and email address;
(2)
The facility owner's name, address, telephone number and email address, if different from the applicant;
(3)
The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application and, if warranted, written authorization for those consultants to speak on behalf of the applicant.
(4)
A description of the small wireless facilities being proposed in order for the Township to verify that the proposed facilities are small wireless facilities as specifically defined by the FCC;
(5)
A mapping showing the exact location of the proposed small wireless facilities in the case of multisite applications and photo simulations/depictions of the type and style of the proposed small wireless facilities in accordance with the Township's small wireless facility design guidelines.
(6)
A description of the proposed scope of work for the location or co-location of the SWF. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters, including but not limited to subsurface utilities, likely to be affected or impacted by the work proposed;
(7)
Verification that the SWF shall comply with this article, including all applicable small wireless facilities design guidelines;
(8)
Verification of payment of the application fees, annual municipal consent or administrative fee for use of public rights-of-way and acknowledgment of its continuing annual obligation;
(9)
Evidence the applicant has received any necessary certificate of public convenience and necessity or other required authority from the Federal Communications Commission, or a statement that it is not required;
(10)
A copy of an approved Pennsylvania Department of Transportation permit and all documents required by PennDOT as part of the encroachment permit application, if the proposed location is within a PennDOT right-of-way; and
(11)
The applicant must provide a statement that the applicant has a lease, attachment agreement or other authorization from the owner of the wireless support structure proposed for co-location.
F.
Fees and costs.
(1)
Rights-of-way access fees. Each individual applicant will be subject to an annual rights-of-way access fee if locating within a Township-owned public right-of-way. Such fees shall not be in excess of those amounts deemed reasonable by the Federal Communications Commission.
(2)
Application processing costs. Unless otherwise provided by law, all applications for permits pursuant to this article shall be accompanied by an application processing cost as follows:
(a)
Application costs for small wireless facilities addressed in a consolidated application shall be $500, which may include up to five small wireless facilities, and an additional $100 for each small wireless facility beyond five, up to and including 20 total small wireless facilities per one application.
(b)
Application costs of $1,000 for a new pole (not a co-location) intended to support one or more small wireless facilities. Such costs may be altered by resolution but only in compliance with state and/or federal limits upon such costs.
(3)
Compensation. In addition to the applicable fee as specified above, every permit shall include as a condition the applicant's agreement to pay a right-of-way access fee of $270 per small wireless facility per year, and/or other taxes and fees as may now or hereafter be lawfully imposed on other businesses within the Township. Such fees may be altered by resolution but only in compliance with state and/or federal limits upon such costs.
(4)
Small wireless facilities co-located on Township-owned utility poles or structures outside the Township rights-of-way are not subject to the rate limitations in this article. Additionally, if the rate limitation imposed by the Federal Communications Commission is altered in the future, the Township may alter its fees by resolution to be consistent with the Federal Communications Commission's determinations or as might be otherwise altered by the state or federal government.
(5)
Cease payment. Upon 30 days' written notice to the Township, an owner is authorized to remove its small wireless facility from a Township-owned pole and cease paying the annual fee to the Township as of the next due date for payment following the removal; provided, however, the owner shall pay its pro-rata share of the remaining term and expenses, if any.
(6)
Make-ready. For Township-owned poles, the applicant shall reimburse the Township for expenses for any reasonable make-ready work, if any are required. The Township shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested SWF, including pole replacement, if necessary, within 30 days after receipt of a completed request.
G.
Permit application review.
(1)
Co-location of SWF. Absent a written agreement to the contrary between the Township and the applicant, the Township shall grant or deny an application to co-locate, or to replace or modify any portion of a SWF on, or associated with, an existing wireless support structure not later than 60 days after the date of filing by an entity of a completed application.
(2)
Installation of new SWF. Absent a written agreement to the contrary between the Township and the applicant, the Township shall grant or deny an application for a SWF within the public right-of-way not later than 90 days after the date of filing by an entity of a completed application to replace an existing utility pole or install a new utility pole with small wireless facilities attached.
(3)
Removal of SWF. The Township shall act on requests to remove wireless support structures associated with SWF from the public right-of-way typical to the review time frames for the public right-of-way permit required for this activity.
(4)
Completeness. Within 10 business days of receiving an application, the Township will determine and notify the applicant whether the application is complete; or if an application is incomplete, the Township must specifically identify the missing information.
(5)
Application denials.
(a)
The Township shall not unreasonably withhold or deny an application for a permit to place a SWF within the public right-of-way.
(b)
If an application is denied, the Township will provide, in writing, its reasons for denying the request, including, if applicable, specific references to any applicable law supporting the denial.
(c)
Notwithstanding an initial denial, the applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of the denial, and the Township will approve or deny the revised application within 30 days of receipt of it, unless additional deficiencies are discovered.
H.
Consolidated application for multiple SWF. Applicants seeking to construct, modify, co-locate, or replace more than one SWF may file, at the applicant's discretion, a consolidated application for up to 20 requests in a single application and receive a single permit for the construction, modification, co-location, or replacement of the SWF subject to the following:
(1)
This single application may be filed for multiple SWF only if they are of substantially the same type.
(2)
The Township must separately address SWF for which incomplete information has been received or which are denied, and it must grant a permit for any and all sites in a single application that it does not deny subject to the requirements of this chapter.
(3)
A single applicant may not submit more than one consolidated or 20 single applications in a thirty-day period.
I.
Maximum height. The maximum height of a new pole for the installation of a SWF is limited to a maximum height of 50 feet, subject to any restrictions imposed by the small wireless facility design guidelines. Applicants may co-locate on existing wireless support structures provided the small wireless facility's height still qualifies as a small wireless facility as defined by this chapter and as by the Federal Communications Commission.
J.
Alternate locations. If an applicant is seeking to install a new wireless support structure as part of its application, the Township may propose that the small wireless facility be located on an existing utility pole or existing wireless support structure within 100 feet of the proposed location. The applicant shall accept the proposed alternate location so long as it has the right to use the location on reasonable terms and conditions, unless the alternate location imposes technical limits, acts as an effective prohibition under federal law, or additional unreasonable costs will be incurred as determined by the applicant. If the applicant refuses an alternate location based on the foregoing, the applicant shall provide legally competent evidence in the form of a written certification describing the property rights, technical limits or cost reasons that prevent the alternate location from being utilized.
K.
The Township may reserve space on Township-owned poles for future public safety uses or for Township electric utility uses. Such reservation may preclude co-location of small wireless facilities if the Township reasonably determines that the Township's poles cannot accommodate both uses, or if the co-location cannot be accommodated due to physical limitations of the Township-owned poles.
L.
In certain circumstances, co-location may not be feasible and a new pole needs to be installed by the applicant. In such cases, a small wireless facility located on a new pole shall be separated by 150 feet from any other small wireless facility located upon a pole with that singular purpose (meaning it is not a co-location but another stand-alone SWF pole).
M.
Design guidelines.
(1)
The Township has, or shall, adopt small wireless facility design guidelines with objective, technically feasible criteria applied in a nondiscriminatory manner that reasonably match the aesthetics and character of the immediate area.
(2)
The small wireless facility design guidelines may include examples of SWF preferences including visual depictions as identified by the Township.
(3)
The provisions in this article shall not limit or prohibit the Township's discretion to promulgate and make publicly available other information, materials or requirements in addition to, and separate from, the small wireless facility design guidelines so long as the information, materials, or requirements do not conflict with state or federal law.
(4)
All small wireless facilities and associated equipment located within the public right-of-way shall be located such that they meet ADA requirements and do not hinder, obstruct or impede usual pedestrian and vehicular travel.
(5)
The Township shall have authority to update or supplement the small wireless facility design guidelines to address relevant changes in law, technology, or administrative processes.
(6)
Wireless support structure design standards.
(a)
SWF equipment must be indistinguishable from the support pole or structure to the greatest degree possible using matching colors, textures, and materials. The antennas and related equipment shall be in a color that will provide the most camouflage and blend in with the existing environment.
(b)
All wires, antennas, and other small wireless facility equipment shall be enclosed and not visible.
(c)
Screening and equipment enclosures shall blend with or enhance the surrounding context in terms of scale, form, texture, materials, and color. Equipment shall be concealed as much as possible by blending into the natural and/or physical environment.
(d)
Casing to enclose all wires, antennas, and other small wireless facility equipment may be mounted on top of existing and new poles in a cylinder shape to look like an extension of the pole.
(e)
Brand logos and other signage are prohibited on all SWF, except contact information to be used by workers on or near the SWF and as otherwise required by federal or state law. Signage will be no larger than required to be legible from street level.
N.
This chapter may not be construed to limit the Township's authority to enforce historic preservation zoning regulations consistent with the local, state or federal law, including the National Historic Preservation Act of 1966 (54 U.S.C. § 300101 et seq.), and the regulations adopted to implement those laws.
(1)
As a condition for approval of new small wireless facilities or new wireless support structures in a Town Center/Historic District (existing or as established in the future), the applicant shall comply, to the greatest extent possible, with the design and aesthetic standards of the Town Center/Historic District, or historic preservation standards in place, to minimize the negative impact to the aesthetics in these districts or areas.
(2)
New districts. Nothing in this chapter shall prohibit or otherwise limit the Township from establishing subsequent new Town Center or Historic Districts, provided, however, that facilities and structures for which a permit was approved or deemed approved pursuant to this article prior to the establishment of the new district remain subject to the provisions of this article, including routine maintenance and replacement of those facilities and structures. If a wireless services provider or a wireless infrastructure provider replaces such facilities in a manner that does not comply with this article, or if a wireless services provider or a wireless infrastructure provider relocates such facilities, such replacement or relocation is subject to the then-existing provisions and requirements of the newly established district.
O.
General conditions and requirements of permit approval.
(1)
Permit effect and duration. The Township's approval term for co-location or a new pole shall be for a period of nine months. If construction, installation or co-location is not begun within such nine-month period, a new application must be submitted for review including any required fee. A permit from the Township authorizes an applicant to undertake only certain activities in accordance with this article and does not create a property right or grant any authority whatsoever to the applicant to impinge upon the rights of others. The proposed co-location, the modification or replacement of a utility pole or the installation of a new utility pole with small wireless facilities attached for which a permit is granted under this article shall be completed within one year of the permit issuance date unless the Township and the applicant agree, in writing, to extend the period.
(2)
Compliance with all applicable laws and Township Code. The owner/permittee shall always maintain compliance with all applicable federal, state and local laws, regulations, ordinances, or other rules. If state or federal standards and regulations are amended, the owners of any portion of SWF governed by this chapter shall bring any facilities and/or structures into compliance with the revised standards and regulations within the time mandated by such amendment or, if no time is mandated, as soon as practicable under the circumstances, but no longer than 90 days. The Township is not required to provide notice of any amendments in order to trigger this responsibility. Failure to bring SWF into compliance with any revised standards and regulations shall constitute grounds for removal at the owner's expense.
(3)
Inspections; emergencies. The Township or its designee may inspect any portion of SWF in the right-of-way upon reasonable notice to the owner. The owner shall cooperate with all inspections. The Township reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. If circumstances permit, the Township shall notify the owner and provide the opportunity to move such facilities, poles, or support structures prior to the Township doing so, and the Township shall notify the owner after doing so.
(4)
Relocation or adjustment as requested by Township. If requested by the Township, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an owner shall relocate or adjust its facilities within the public right-of-way at no cost to the Township, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with law.
(5)
Contact information for responsible parties. Within 10 days of any changes to any of the contact information provided in the application, the applicant shall provide notice of the change to the Township.
(6)
Indemnification. Any entity who owns or operates SWF in the public right-of-way shall indemnify, protect, defend, and hold the Township and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the entity who owns or operates the SWF and wireless service in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the right-of-way.
(7)
Good condition required. SWF 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 menace or endanger the health, safety or welfare of any person or property. All SWF shall be subject to generally applicable property maintenance requirements and to visual inspection by code enforcement officers.
(8)
Relocation for public improvement projects. To the extent that the Township requires it to do so in the reasonable exercise of its police powers, the owner shall remove and relocate the permitted SWF at the owner's sole expense to accommodate construction of a public improvement project by the Township.
P.
If an SWF is discontinued for a period of 120 days or is abandoned without notice from the owner, it shall be considered abandoned and the Township may remove it at the owner's expense if the Township provides written notice of its intent to remove under this section and, within 30 days after receipt of such written notice, the owner of the SWF does not reply to the Township, in writing, that the SWF continues to be in operation. Costs for such removal shall be collectible as allowed by law. The Township reserves the right to inspect and to request information from the owner, which the owner shall provide following such request, as to the continued use of the operator's SWF(s) within the right-of-way.
Q.
Safety requirements.
(1)
Prevention of failures and accidents. Any person who owns or operates a portion of a SWF sited in the public right-of-way shall always employ ordinary and reasonable care and install and maintain it using industry standard technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.
(2)
Compliance with firesafety and FCC regulations. All SWF, including, but not limited to, wires, cables, fixtures, and other equipment, shall be installed and maintained in compliance with the requirements of any applicable provisions of the National Electric Code and building codes, and in such manner that will not interfere with the use of other property or any existing public/private utilities or public safety systems.
(3)
Each attachment of wireless facilities should bear a marker or insignia legible at street level identifying the owner of the SWF and contact information.
R.
Exceptions to applicability. Nothing in this chapter authorizes the co-location of small wireless facilities on:
(1)
Property owned by a private party without the written consent of the property owner;
(2)
Property owned or controlled by a unit of local government that is not located within public rights-of-way without the written consent of the unit of local government (local governments are, however, required to authorize the co-location of small wireless facilities on utility poles owned or controlled by the local government or located within rights-of-way to the same extent the local government permits access to utility poles for other commercial projects or uses);
(3)
A privately owned utility pole or wireless support structure, without the consent of the property owner; or
(4)
Property owned, leased or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes, without the consent of the affected district.
S.
Appeals and consistency with state and federal laws. The appeals process shall be as provided and set forth by state and federal laws, including any rulings issued by the Federal Communications Commission. The provisions contained herein regulating small wireless facilities are intended to comply with federal and state laws and regulations in effect as of the date of adoption of this section. To the extent that any of the provisions in this section conflict with any federal or state statute or regulations, the federal or state statutes or regulations shall control unless the applicable federal or state statutes or regulations allow for more stringent provisions in local ordinances, in which case the more stringent provisions of local ordinances shall remain in effect and shall control in such instances.
T.
The provisions of this article are severable. If any provision or subsection, or the application of any provision or subsection to any person or circumstances, is held invalid, the remaining provisions, subsection, and applications of such article to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included in this article when originally adopted by the Board.
U.
Penalties. Any person, firm or corporations who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. Nothing herein shall prevent the Township from taking any other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations of this article.
§ 170-2503 Non-tower wireless communications facilities.
General and specific requirements for non-tower wireless communications facilities.
A.
The following regulations shall apply to all non-tower WCF:
(1)
Permitted in all zoning districts. Non-tower WCF are permitted in all zoning districts subject to the regulations prescribed below and subject to applicable permitting by the Township.
(2)
Prohibited on certain structures. Non-tower WCF shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.
(3)
Permit required. Any WCF applicant proposing the construction of a new ton-tower WCF, or the modification of an existing non-tower WCF, shall first obtain the required permit from the Township.
(4)
Historic buildings. No non-tower WCF 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, or is eligible to be so listed, or is listed on the Historic Resources List maintained by the Township, or has been designated by the Township to be of historical significance.
(5)
Nonconforming wireless support structures. Non-tower WCF shall be permitted to co-locate upon nonconforming wireless support structures. Co-location of WCF upon existing wireless support structures is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
(6)
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by licensed and qualified maintenance and construction personnel so that the same shall not endanger the life of any person or any property in the Township.
(7)
Wind. All non-tower WCF structures 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/TIA-222, as amended).
(8)
Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(9)
Public safety communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(10)
Radio-frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(11)
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall be removed and the property restored to its original, natural condition within two months of the cessation of operations at the site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF or the property owner upon which the WCF is located.
(12)
Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's ninety-day review period. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.[1] Time extensions may be granted if mutually agreed upon by all parties.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(13)
Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.
(14)
Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(15)
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(d)
Maintenance activities shall not be performed without the required permit being issued by the Township Zoning Officer.
(e)
Damage and repair. A wireless provider shall repair all damage to the right-of-way, or any other land so disturbed, directly caused by the activities of the wireless provider or the wireless provider's contractors and return the right-of-way in as good of condition as it existed prior to any work being done in the right-of-way by the wireless provider. If the wireless provider fails to make the repairs required by the municipality within 30 days after written notice, the municipality may perform those repairs and charge the wireless provider the reasonable, documented cost of the repairs plus a penalty not to exceed $500. The municipality may suspend the ability of an applicant to receive a new permit from the municipality until the applicant has paid the amount assessed for the repair costs and the assessed penalty. The municipality may not suspend the ability of an applicant to receive a new permit that has deposited the amount assessed for the repair costs and the assessed penalty in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
(16)
Reservation of rights. In accordance with applicable law and as set forth in more detail in subsequent design and development standards below, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.
B.
The following regulations shall apply to all non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(1)
Permit required. WCF applicants proposing the modification of an existing wireless support structure shall obtain the required permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
(2)
Non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached may be eligible for a sixty-day time frame for review. Applicants shall assert such eligibility, in writing, to the Township and include documentation reasonably supporting their request and, if warranted, such application shall be reviewed within the shortened sixty-day time frame.
(3)
Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.
(4)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, up to $500 for an application seeking approval for no more than five co-located small wireless facilities and up to $1,000 for each co-located small wireless facility beyond five, or $1,000 for an application seeking approval of a small wireless facility that requires the installation of a new or replacement utility pole.
C.
The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached:
(1)
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 these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(2)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.
D.
The following regulations shall apply to non-tower WCF located outside the public rights-of-way that do substantially change the wireless support structure to which they are attached:
(1)
Development regulations. Non-tower WCFs shall be co-located on existing wireless support structures, subject to the following conditions:
(a)
The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
(b)
In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.
(c)
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.
(d)
A security fence of not less than six feet and not more than eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(e)
Landscaping shall be required to screen as much of a newly constructed WCF, equipment building, and related equipment as possible. The Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Board, they achieve the same degree of screening.
(2)
Design regulations.
(a)
Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure and shall be subject to the approval of the Township.
(b)
Noncommercial usage exemption. Township residents 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 design regulations enumerated in this section of the Zoning Ordinance.
(3)
Removal, replacement and modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the numbers of antennas.
(b)
Any material modification to a WCF shall require written notice to be provided to the Township and possible supplemental permit approval to the original permit or authorization.
(4)
Inspection. The Township reserves the right to inspect any WCF 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 WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
E.
Additional regulations applicable to all non-tower WCF located in the public rights-of-way (ROW).
(1)
Co-location. Non-tower WCF in the ROW shall be co-located on existing poles, such as existing utility poles. Efforts shall be made by the WCF applicant to not co-locate on utility poles containing transformers where practicable. If the WCF applicant proposes to install replacement poles or to locate its non-tower WCFs on existing utility poles that do not already serve as wireless support structures, then the WCF applicant shall be required to apply for the appropriate permits as provided in this article.
(2)
Design requirements.
(a)
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible. No facility shall be taller than 50 feet above ground level.
(b)
Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(c)
Each new or modified small wireless facility installed in the right-of-way shall be installed on an existing utility pole or a new utility pole.
(d)
The installation of a small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.
(3)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[2]
[2]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(4)
Equipment location. Non-tower WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic within the right-of-way, 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, or to obstruct the legal use of the right-of-way by the Township and utilities. In addition:
(a)
In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or the edge of pavement or within an easement extending onto a privately owned lot.
(b)
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features.
(c)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner within 10 business days of the existence of the graffiti, and, if not so removed, the Township may at its discretion remove the graffiti and assess such costs against the WCF owner or the property owner upon which the WCF or related equipment is located.
(e)
Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Township.
(5)
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Township.
(7)
Right-of-way rates and fees. The Township shall have the right to charge an annual fee for the use of the right-of-way not to exceed $270 per small wireless facility or $270 per new utility pole with a small wireless facility.
F.
Permits.
(1)
An applicant shall obtain one or more permits of general applicability to perform the following within the right-of-way:
(2)
Permit applications are not required for the following:
(a)
Routine maintenance or repair work.
(b)
The replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller and still qualify as small wireless facilities.
(c)
The installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, in compliance with the National Electrical Safety Code.
(3)
Permit applications shall include the following information:
(a)
Documentation that includes construction and engineering drawings, demonstrates compliance with the criteria specified under § 170-2503F(6), below, and includes all necessary approvals from the pole owner.
(b)
Self-certify that the filing and approval of the application is required by the wireless provider to provide additional capacity or coverage for wireless services.
(c)
Compliance with all applicable design criteria as specified in this article.
(4)
Completed application. Within 10 business days of receiving an application, the Township shall determine and notify the applicant, in writing, whether the application is incomplete. If an application is incomplete, the notice must specifically identify the missing information. The processing deadline shall restart at zero on the date the applicant provides the missing information. The processing deadline may be tolled by agreement of the applicant and the municipality.
(5)
Deadlines. An application shall be processed on a nondiscriminatory basis and deemed approved if the Township fails to approve or deny the application within 60 days of receipt of a complete application to co-locate and within 90 days of receipt of a complete application to replace an existing utility pole or install a new utility pole with small wireless facilities attached. A permit associated with an application deemed approved under this subsection shall be deemed approved if the Township fails to approve or deny the permit within seven business days after the date of filing the permit application with the municipality unless there is a public safety reason for the delay.
(6)
Denial.
(a)
An application may be denied if the following apply:
[1]
The small wireless facility materially interferes with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990[3] (Public Law 101-336, 104 Stat. 327) or similar federal or state standards regarding pedestrian access or movement.
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[2]
The small wireless facility fails to comply with applicable codes.
[3]
The small wireless facility fails to comply with the requirements specified under PA Act 50 of 2021.
[4]
The applicant fails to submit a report by a qualified engineering expert which shows that the small wireless facility will comply with applicable FCC regulations.
(b)
Within the time frame established under Subsection F(4), the Township shall document the basis for a denial, including the specific provisions of applicable codes on which the denial was based, and send the documentation to the applicant within five business days of the denial.
(c)
The 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 municipality shall approve or deny the revised application within 30 days of the application being resubmitted for review or the resubmitted application shall be deemed approved 30 days after resubmission. Any subsequent review shall be limited to the deficiencies cited in the denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the municipality shall be given an additional 15 days to review the resubmitted application and may charge an additional fee for the review.
(7)
Consolidated application. An applicant seeking to co-locate within the Township shall be allowed at the applicant's discretion to file a consolidated application for co-location of multiple small wireless facilities as follows:
(a)
The consolidated application does not exceed 20 small wireless facilities.
(b)
The denial of one or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same consolidated application.
(c)
A single applicant may not submit more than one consolidated or 20 single applications in a thirty-day period.
(d)
The following apply:
[1]
For the purpose of counting the number of small wireless facilities each applicant has at a given time, small wireless facilities and poles that a wireless provider applicant has requested a third party to deploy and that are included in a pending application by the third party shall be counted as pending requests by the wireless provider applicant.
[2]
An application tolled under § 170-2503F(7)(c) shall count towards the total number of applications included in a consolidated application unless the application is withdrawn by the applicant. As the processing of applications is completed, the Township shall process previously tolled applications in the order in which the tolled applications were submitted, unless the applicant specifies a different order.
(8)
Time limit for work. The proposed co-location, the modification or replacement of a utility pole or the installation of a new utility pole with small wireless facilities 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 applicant agree, in writing, to extend the period.
(9)
In the event co-location on an existing pole is not proposed and an application includes installing a new utility pole, the applicant shall demonstrate that it cannot meet the service reliability and functional objectives of the application by co-locating on an existing utility or municipal pole instead of installing a new utility pole. The wireless provider shall self-certify that this determination has been made in good faith, and a documented summary shall be provided for the basis of the determination. The wireless provider's determination shall be based on whether the wireless provider can meet the service objectives of the application by co-locating on an existing utility pole or municipal pole on which:
(10)
Approval. Approval of an application authorizes the applicant to:
(a)
Co-locate on an existing utility pole, modify or replace a utility pole or install a new utility pole with small wireless facilities attached as identified in the initial application.
(b)
Subject to the permit requirements and the applicant's right to terminate at any time, operate and maintain small wireless facilities and any associated equipment on a utility pole covered by the permit for a period of not less than five years, which shall be renewed for two additional five-year periods if the applicant is in compliance with the criteria set forth in this act or applicable codes consistent with this act and the applicant has obtained all necessary consent from the utility pole owner.
(11)
Removal of equipment.
(a)
Within 60 days of suspension or revocation of a permit due to noncompliance with this act or applicable codes consistent with this act, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole, after receiving adequate notice and an opportunity to cure any noncompliance.
(b)
Within 90 days of the end of a permit term or an extension of the permit term, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole.
§ 170-2504 Tower-based wireless communications facilities.
General and specific requirements for all tower-based wireless communications facilities.
A.
The following regulations shall apply to all tower-based wireless communications facilities:
(1)
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the 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. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by licensed and qualified personnel so that the same shall not endanger the life of any person or any property in the Township.
(2)
Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in 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 Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure.
(3)
Permit required for modifications. To the extent protected by or permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF which increases the overall height of such WCF shall first obtain a building permit from the Township.
(4)
Wind. Any tower-based WCF structures 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/EIA/TIA-222, as amended).
(5)
Height. The maximum total height of a tower-based WCF which is not located in the public ROW shall not exceed 150 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.
(6)
Related equipment. Either one single-story wireless communications equipment building not exceeding 500 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 commercial communications antenna(s) space on the tower-based WCF. Any such buildings or equipment shall comply with applicable area and bulk requirements in the zoning district where located.
(7)
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(8)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents and utilize the best available technology for preventing failures and accidents.
(c)
Maintenance activities shall not take place without the issuance of required permits by the Zoning Officer.
(9)
Radio-frequency emissions. A tower-based WCF shall not, 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.
(10)
Historic buildings or districts. A tower-based WCF shall not be located upon a property and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the Historic Resources List maintained by the Township.
(11)
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 at any time during a twenty-four-hour period. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.
(12)
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 upon Township residents as is permissible under state and federal regulations.
(13)
Noise. Tower-based WCF 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.
(14)
Aviation safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(15)
Nonconforming uses. Nonconforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must comply with the terms and conditions of this section applicable to the new improvements.
(16)
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site and the subject property restored to its original natural condition unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF or the property owner upon which the WCF is located.
(c)
Any unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(17)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs.
(18)
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.
(19)
Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.
(20)
Indemnification. Each person that owns or operates a tower-based 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 tower-based WCF. Each person that owns or operates a tower-based 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 tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(21)
Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. The amount of financial security shall be mutually agreed upon by the WCF applicant's engineer and the Township's engineer or consultants and shall remain in place until the tower-based WCF is removed.
B.
Conditional use review process and additional regulations.
(1)
Tower-based WCF are permitted in specific zoning districts and along certain roadways by conditional use only as outlined in § 170-2009 and at the minimum height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF 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.
(2)
Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 1,000 feet of the property upon which the proposed facility is located as measured from the perimeter of the property. The WCF applicant shall provide proof of the notification to the Township.
(3)
The WCF applicant for such conditional use approval shall prove to the reasonable satisfaction of the Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.
(4)
The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communications facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
(5)
The conditional use application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
(6)
Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
(7)
The conditional use application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section, including, specifically, the regulations applicable to all tower-based WCFs.
(8)
Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology, which may include the tower portion to be painted silver or another color approved by the Board in context with its surroundings, or shall have a galvanized finish. All tower-based WCF 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 Board of Supervisors shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district 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 land development design and construction principles, practices and techniques.
(9)
Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Board of Supervisors finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The 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 antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
(a)
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related 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.
(c)
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.
(d)
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(10)
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining a building permit if required by the Township.
(11)
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 tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(12)
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period. Time extensions may be granted if agreed upon by all parties.
(13)
Engineer signature. All plans and drawings for the conditional use approval of tower-based WCF shall contain a seal and signature of a professional structural engineer licensed in the Commonwealth of Pennsylvania.
C.
The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
(1)
Development regulations.
(a)
Tower-based WCF shall not be located within 75 feet of any underground utility or underground utilities easements (with the exception of water and sewer lines).
(c)
Sole use on a lot. A tower-based WCF may be permitted as a sole use on a lot. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF. At the Board's sole discretion, the Board may allow a reduced setback if it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
(d)
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:
[1]
The existing use on the property shall be any permitted use in the applicable district and need not be affiliated with the WCF.
[2]
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF. At the Board's sole discretion, the Board may allow a reduced setback if it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
(2)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact and shall be subject to the approval of the Township.
(b)
Tower-based WCF located outside the public rights-of-way shall be greater than 40 feet in height in order to increase coverage, provide for increased co-location capabilities and result in less need for additional towers of such height in the Township.
(c)
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(d)
Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
(3)
Surrounding environs.
(a)
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(4)
Fence/screen.
(a)
A security fence having a minimum height of 10 feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as any building housing WCF equipment.
(b)
Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Board, they achieve the same degree of screening.
(5)
Accessory equipment.
(a)
Ground-mounted related equipment associated with, or connected to, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.
(b)
All related equipment, 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.
(6)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF.
(7)
Parking. For each tower-based WCF greater than 40 feet in height, there shall be at least one off-street parking space.
(8)
Inspection. The Township reserves the right to inspect any tower-based WCF 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 WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
D.
The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way.
(1)
Location and development standards.
(a)
Tower-based WCF 40 feet or shorter in height are prohibited within 50 feet of any underground utility or underground utility easement.
(b)
Tower-based WCF 40 feet or shorter in height shall not be located in any public right-of-way which fronts or directly abuts the front yard setback area of a residential dwelling.
(c)
Tower-based WCF 40 feet or shorter in height shall be permitted by conditional use along certain collector roads and arterial roads, regardless of the underlying zoning district, as follows:
(d)
Such tower-based WCFs shall be situated on the side of the road which currently has aboveground utilities, such as existing poles and/or wireless support structures, in place.
(e)
Efforts shall be made by the WCF applicant to not co-locate on utility poles containing transformers where practicable.
(2)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCF 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.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(3)
Equipment location. Tower-based WCF 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:
(a)
In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb, or edge of pavement if no curbing is in place.
(b)
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any related equipment shall be removed within 10 days of its existence at the sole expense of the owner, and, if not, the Township may at its discretion remove the graffiti and assess costs for removal against the WCF owner.
(e)
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
(4)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact and shall be subject to the approval of the Township.
(b)
Tower-based WCF in the public ROW shall not exceed 40 feet in height.
(c)
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(5)
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Township.
(6)
Reimbursement for ROW use. In addition to permit fees as described in this section, every tower-based 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 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 tower-based WCF 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.