Westtown Township City Zoning Code

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

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;

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

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;

Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations; and

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

Establish basic criteria for applications to install and/or co-locate SWF in the public right-of-way;

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;

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;

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;

Comply with, and not conflict with or preempt, all applicable state and federal laws, as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable federal statutes.

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.

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.

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.

The applicant's name, address, telephone number and email address;

The facility owner's name, address, telephone number and email address, if different from the applicant;

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.

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;

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.

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;

Verification that the SWF shall comply with this article, including all applicable small wireless facilities design guidelines;

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;

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;

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

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

Application denials.

This single application may be filed for multiple SWF only if they are of substantially the same type.

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.

A single applicant may not submit more than one consolidated or 20 single applications in a thirty-day period.

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.

The small wireless facility design guidelines may include examples of SWF preferences including visual depictions as identified by the Township.

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.

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.

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.

Wireless support structure design standards.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Each attachment of wireless facilities should bear a marker or insignia legible at street level identifying the owner of the SWF and contact information.

Property owned by a private party without the written consent of the property owner;

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);

A privately owned utility pole or wireless support structure, without the consent of the property owner; or

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.

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.

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.

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.

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.

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.

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.

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).

Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.

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.

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.

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:

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

Development regulations. Non-tower WCFs shall be co-located on existing wireless support structures, subject to the following conditions:

Design regulations.

Removal, replacement and modification.

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.

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.

Design requirements.

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]

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:

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:

Exclusive use prohibited. The Township shall not enter into an exclusive arrangement with any person for use of the right-of-way for:

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.

An applicant shall obtain one or more permits of general applicability to perform the following within the right-of-way:

Permit applications are not required for the following:

Permit applications shall include the following information:

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.

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.

Denial.

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:

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.

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:

Approval. Approval of an application authorizes the applicant to:

Removal of equipment.

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.

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.

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.

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).

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.

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.

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.

Maintenance. The following maintenance requirements shall apply:

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.

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.

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.

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.

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.

Aviation safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

Development regulations.

Design regulations.

Surrounding environs.

Fence/screen.

Accessory equipment.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF.

Parking. For each tower-based WCF greater than 40 feet in height, there shall be at least one off-street parking space.

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.

Location and development standards.

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all 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]

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:

Design regulations.

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of 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:

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.