[1]
Editor's Note: This ordinance was originally adopted as §§ 114-140.1
through 114-140.12 but was renumbered to maintain the organizational
structure of the Code.
This article shall be known as the "Springfield Township wireless
communications facilities Ordinance."
A.
The purpose of this article is to establish uniform standards
for the siting, design, permitting, designation, maintenance, installation,
construction and use of wireless supports and wireless communication
facilities in Springfield 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 this article, the Township intends to:
(1)
Promote the health, safety, and welfare of Township
residents and businesses with respect to wireless communication facilities;
(2)
Provide for the managed development of wireless
supports and 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, designation,
construction, installation, maintenance and removal of both tower-based
and nontower wireless supports 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)
Encourage the co-location of wireless communications
facilities on existing structures rather than the construction of
new tower-based structures;
(6)
Protect Township residents from potential adverse
impacts of wireless communications facilities and preserve, to the
extent permitted under law, the visual character of established communities
and the natural beauty of the landscape; and
(7)
Update the Township's wireless facilities regulations
to incorporate changes in federal and state laws and regulations.
B.
Preexisting approved wireless supports and WCFs. Except with
regard to additions or substantial modifications, wireless supports
and WCFs in existence prior to the effective date of this article,
if previously approved by the Township, shall not be required to meet
the requirements of this article other than the requirements of § 114-149.4K,
L, M, P through S and T below. Existing wireless supports and WCFs
not previously approved by the Township shall be fully subject to
all of the requirements of this article.
C.
Amateur radio station operators or receive-only antennas. This
article shall not govern any support structure, or the installation
of any antenna array, that is owned and operated by a federally licensed
amateur radio station operator or is used exclusively for receive-only
and/or noncommercial antennas.
The following regulations shall apply to all wireless supports,
related equipment and wireless communications facilities:
A.
Standard of care. All wireless supports and WCFs shall be designed,
constructed, installed, erected, 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, as applicable.
All wireless supports and WCFs shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
B.
Maintenance. The following maintenance requirements shall apply:
(1)
All wireless supports and WCFs shall be fully automated
and unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
(2)
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents and businesses.
(3)
All modifications and utilized materials shall
be nothing less than the best available technology for preventing
failures and accidents.
(4)
All maintenance shall be ordered and repaired by
qualified maintenance and construction personnel.
C.
Application required. Each applicant proposing the construction
or designation of any new wireless support or the modification or
co-location of a WCF on any existing wireless support shall complete
and submit an application to the Township prior to beginning construction.
Such application shall include, in addition to other information,
the following:
(1)
All fees required by the Township's fee schedule, including fees required by Subsection F of this section.
(2)
A description and plan showing the proposed construction
and/or changes to the wireless supports in detail.
(3)
A copy of all Zoning Hearing Board and conditional
use decisions pertaining to the property upon which the wireless support
is located.
(4)
If outside of the right-of-way, documentation evidencing
ownership of the parcel upon which the wireless support is proposed,
or an easement or other agreement with the owner which provides the
applicant with access thereto.
D.
Permit required - new wireless support. Any applicant proposing
the designation, construction or installation of a new wireless support
shall first obtain a permit from the Township zoning officer certifying
compliance with this article and all other applicable ordinances of
the Township. New designation or construction shall be prohibited
without a zoning and building permit.
E.
Permit required - modification or co-location of WCF. Any applicant
proposing the modification or co-location of a WCF on an existing
wireless support shall first obtain a permit from the Township zoning
officer certifying compliance with the applicable ordinances of the
Township, subject to the WBCA. Modifications and co-location shall
be prohibited without the issuance of a building permit.
F.
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 the construction or
modification of a wireless support, as well as related inspection,
monitoring and related costs. If the application is for the modification
or co-location of a WCF on an existing wireless support, such fees
shall not exceed $1,000, or other such monetary limit, in accordance
with the WBCA.
G.
Substantial change. Any application proposing a modification,
co-location or any other change to a wireless support, WCF or related
equipment that is deemed to constitute a substantial change shall
be an application for a new wireless support and shall be reviewed
under the provisions of this article for the same.
H.
Engineer signature. All plans and drawings for the installation
or modification of a wireless support, or the replacement, modification
or co-location of a WCF on a wireless support and related equipment,
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
I.
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 construction of a new
wireless support and, once approved, in reviewing and evaluating any
potential violations of the terms and conditions of this article.
The applicant and/or owner of the new wireless support shall reimburse
the Township for all costs of the Township's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
J.
Timing of approval — new wireless support. Within 30 calendar
days of the date that an application for the designation, construction
or installation of a wireless support is filed with the Township,
the Township shall notify the applicant, in writing, of any information
that may be required to complete such application. If applicable,
a hearing shall be held within 60 days of receipt of a fully completed
application. A decision shall be made on the application within 45
days of the last hearing on the matter, but in no case shall a decision
be made later than 150 days from the receipt of the initially submitted
application. The Township shall advise the applicant, in writing,
of its decision. If additional information was requested by the Township
to complete an application, the time required by the applicant to
provide the information shall not be counted toward the above-stated
guidelines.
K.
Timing of approval - modification or co-location of WCFs. Within
30 calendar days of the date that an application for modification
or co-location of a WCF on a wireless support is filed with the Township,
the Township shall notify the applicant, in writing, of any information
that may be required to complete such application, including the law,
ordinance, or code section authorizing such request. If, after additional
information is submitted, the Township finds the additional information
to be insufficient, the Township may send a second written request
within 10 days of the subsequent submission. All applications for
modifications or co-locations of WCFs shall be acted upon within 60
days of the receipt of the initially submitted application, and the
Township shall advise the applicant, in writing, of its decision.
If additional information was requested by the Township to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the above-stated guidelines.
L.
Public safety communications. No wireless support or WCF shall
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
M.
Radio frequency emissions. No wireless support or WCF may, by
itself or in conjunction with other wireless supports and/or 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.
N.
Aviation safety. All wireless supports and WCFs shall comply
with all federal and state laws and regulations concerning aviation
safety.
O.
Related equipment. Ground-mounted related equipment greater
than three cubic feet, such as cabinets and accessory structures,
shall not be located within 50 feet of a lot in residential use or
zoned residential.
P.
Historic buildings or districts. No structure that could support
the placement or installation of WCFs may be designated as a wireless
support if it is:
(1)
Listed on either the National or Pennsylvania Registers
of Historic Places, or eligible to be so listed.
(2)
Included in the official historic structures and/or
historic districts list maintained by the Township.
(3)
Located within the boundaries of any certified
historical district in the Township.
Q.
Wind. All wireless supports and WCFs 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-222-E Code, as amended).
R.
Lighting. All wireless supports shall not be artificially lighted,
except as required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
S.
Noise. All wireless supports and WCFs 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.
T.
Zoning requirements. In addition to the requirements contained
in this article, a wireless support must also comply with the requirements
of the zoning district within which the wireless support is located.
Where conflict exists between the requirements of the zoning district
within which the wireless support is located and this article, this
article shall control.
U.
Indemnification. Each person that owns or operates a wireless
support 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 a wireless support and any WCFs attached thereto. Each
person that owns or operates a wireless support 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 wireless supports
and any WCFs attached thereto. 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.
V.
Financial security. Prior to issuance of any permit for the
designation, construction or placement of a wireless support, the
applicant shall provide to the Township financial security in an amount
determined by the Township to be sufficient to guarantee the removal
of the wireless support and/or appurtenances thereto. Said financial
security shall remain in place until the wireless support is removed.
For each tower-based wireless support, the owner shall obtain and
maintain a bond or other form of financial security acceptable to
the Township Solicitor, in the amount of $100,000 to assure the faithful
performance of the terms and conditions of this article. For a nontower
wireless support, the owner shall obtain and maintain a bond or other
form of financial security in an amount acceptable to the Board of
Commissioners to assure the faithful performance of the terms and
conditions of this article. The financial security shall be provided
by the owner at its own cost and expense, shall be obtained from a
surety licensed to do business in Pennsylvania and shall be maintained
throughout the existence of the wireless support. The bond shall provide
that the Township may recover from the principal and surety any and
all compensatory damages incurred by the Township for violations of
this article, after reasonable notice and opportunity to cure. If
the removal of the wireless support is performed by the Township in
accordance with other provisions of the Township Code of Ordinances,
the Township shall have the right to recover any and all reimbursement
of the expenses of removal from/against the bond. The owner shall
file a copy of the bond with the Township prior to the issuance of
the building permit. The Township's remedies shall be cumulative,
and in the event that the Township exercises its rights to recovery
against the bond, the Township shall retain its right to recover any
and all outstanding costs as permitted by the Pennsylvania Municipalities
Planning Code and applicable law, such as an action in equity.
The following regulations shall apply to all tower-based wireless
supports:
A.
Notice. Upon submission of an application for the construction,
installation or designation of a tower-based wireless support, the
applicant shall mail notice to all owners of every property within
500 feet of the proposed facility. The applicant shall provide proof
of the notification to the Township.
B.
Gap in coverage. Subject to the WBCA, an applicant for the construction,
installation or designation of a tower-based wireless support must
demonstrate that a significant gap in wireless coverage exists with
respect to all wireless operators in the applicable area and that
the type of wireless support being proposed is the least intrusive
means by which to fill that gap in wireless coverage. The existence
or nonexistence of a gap in wireless coverage shall be a factor in
the Township's decision on an application for approval of the application
for the construction, installation or designation of tower-based wireless
supports.
C.
Visual or land use impact. Subject to the WBCA, the Township
reserves the right to deny an application for the construction, placement
or designation of any tower-based wireless support based upon adverse
visual and/or land use impact.
D.
Additional antennas. As a condition of approval for all tower-based
wireless supports, the applicant shall provide the Township with a
written commitment that it will allow other service providers to co-locate
antennae on its tower-based wireless support where technically and
economically feasible. Subject to the WBCA, no person shall cause
any additional antennae to be installed without first obtaining the
written approval of the Township.
E.
Signs. All tower-based wireless supports shall be accompanied
by a sign in a location readily visible to any person outside of the
equipment compound identifying the name and phone number of a party
to contact in the event of an emergency. The face of such sign shall
be no larger than six square feet and the top of such sign shall be
located at a height of no higher than 10 feet from the ground.
F.
Protective covering. All tower-based wireless supports shall
be galvanized and/or painted with a rust-preventive paint of an appropriate
color to harmonize with the surroundings.
G.
Nonconforming uses. Nonconforming tower-based wireless support
which are hereafter damaged or destroyed due to any reason or cause
may be repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this article.
H.
Removal of discontinued, unused or abandoned tower-based wireless
support. In the event that the use of a tower-based wireless support
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. Notwithstanding the foregoing, the
Township may deem a tower-based wireless support to be abandoned or
unused after reasonable investigation. Unused or abandoned tower-based
wireless supports or portions thereof shall be removed as follows:
(1)
All unused or abandoned tower-based wireless supports
and related equipment shall be removed by the owner within six months
of the cessation of operations at the site unless a time extension
is approved by the Township.
(2)
If the wireless support and/or related equipment
is not removed within six months of the cessation of operations at
a site, or within any longer period approved by the Township, the
wireless support and/or related equipment may be removed by the Township
and the cost of removal assessed against the owner of the wireless
support and/or related equipment.
(3)
Any unused portions of tower-based wireless supports,
including antennae, shall be removed within six months of the time
of cessation of operations. The Township must approve all replacements
of portions of a tower-based wireless support previously removed,
subject to the WBCA.
I.
FCC license. Each person that owns or operates a tower-based
wireless support in the Township shall submit a copy of its current
FCC license, including the name, address, and emergency telephone
number for the operator of the facility.
J.
Insurance. Each person that owns or operates a tower-based wireless
support in the Township shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $2,000,000 per occurrence and property damage coverage in
the minimum amount of $2,000,000 per occurrence covering the tower-based
wireless support.
The following regulations shall apply to tower-based wireless
supports located outside the rights-of-way:
A.
Application required. An application for the construction, installation
or designation of a tower-based wireless support outside of public
rights-of-way shall be treated as an application for a conditional
use to be considered by the Township Board of Commissioners.
B.
Development regulations:
(2)
Site requirements.
(a)
In addition to the requirements contained in this
article, a tower-based wireless support must also comply with the
requirements of the zoning district within which the tower-based wireless
support is located. Where conflict exists between the requirements
of the zoning district within which the tower-based wireless support
is located and this article, this article shall control.
(b)
All tower-based wireless supports shall be located
on parcels of land having a minimum lot size of one acre. Additionally,
all dimensional requirements for the underlying zoning district shall
be complied with and adequate area shall be present to accommodate
the tower-based wireless support, the related equipment, and any required
building, shelter, security fence and/or buffer plantings.
(3)
Prohibited as a sole use on a lot. A tower-based
wireless support shall not be permitted to be the sole use on a lot
which meets the minimum lot area for the district.
(4)
Combined with another use. A tower-based wireless
support may be permitted on an improved property with an existing
use or an unimproved property in combination with another use. The
existing use on the property shall be any permitted use in the applicable
district and need not be affiliated with the communications facility.
(5)
Minimum setbacks. The tower-based wireless support,
the related equipment and/or any accompanying utility building shall
comply with the minimum setback requirements of the underlying zoning
district or the setback shall be equivalent to the maximum height
of the proposed tower-based wireless support, whichever setback is
greater.
(6)
Height. Tower-based wireless supports outside the
rights-of-way shall be designed at no more than the minimum functional
height. All applicants must submit documentation to the Township justifying
the total height of the structure. The maximum total height of any
tower-based wireless support located outside the rights-of-way shall
not exceed 125 feet, which height shall include all subsequent additions
or alterations. Related equipment shall not exceed eight feet in height.
Any height extensions to an existing tower-based wireless support
shall require prior approval of the Township, subject to the WBCA.
The Township reserves the right to deny such requests based upon aesthetic
and land use impact, or any other lawful considerations related to
the character of the Township.
C.
Co-location not available. An application for a new tower-based
wireless support shall not be approved unless the Township finds that
the wireless communications equipment planned for the proposed tower-based
wireless support cannot be accommodated on an existing or approved
wireless support, or on Township property. Any application for approval
of a tower-based wireless support shall include a comprehensive inventory
of all existing wireless supports and other suitable structures within
a two-mile radius from the point of the proposed tower-based wireless
support, unless the applicant can show to the satisfaction of the
Township that a different distance is more reasonable, and shall demonstrate
conclusively why an existing wireless support or other suitable structure
cannot be utilized.
D.
Design regulations:
(1)
The wireless support shall employ the most current
stealth technology available in an effort to appropriately blend into
the surrounding environment and minimize aesthetic impact. The application
of the stealth technology chosen by the applicant shall be subject
to the approval of the Township.
(2)
Any proposed tower-based wireless support shall
be designed structurally, electrically, and in all respects to accommodate
both the applicant's antennae and comparable antennae for future users.
E.
Surrounding environment:
(1)
The applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the wireless support
shall be preserved to the maximum extent possible.
(2)
The applicant shall submit a soil report to the
Township complying with the standards of the ANSI/EIA-222-E (Geotechnical
Investigations), as amended, to document and verify the design specifications
of the foundation of the tower-based wireless support, and anchors
for guy wires, if used.
F.
Fence/screen:
(1)
An eight-foot-high security fence shall completely
surround any tower-based wireless support outside the right-of-way,
as well as guy wires and any building or shelter housing related equipment.
(2)
A screen of evergreen trees planted eight feet
on center, and staggered in two rows, shall be located along the perimeter
of the security fence surrounding a tower-based wireless support.
The applicant shall ensure that the existing vegetation, trees and
shrubs located within proximity to the tower-based wireless support
shall be preserved to the maximum extent possible. Fence gates shall
remain accessible.
G.
Related equipment:
(1)
Ground-mounted equipment associated to, or connected
with, a tower-based wireless support shall be underground or screened
from public view using stealth technologies, as described above.
(2)
All utility buildings and related equipment shall
be architecturally designed to blend into the environment in which
they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(3)
The maximum building footprint of a tower-based
wireless support and all related equipment shall be no greater than
400 square feet.
H.
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
wireless support. Maximum use of existing roads, whether public or
private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion. Where applicable,
the owner of the wireless support shall present documentation to the
Township that the property owner has granted an easement for the proposed
facility.
I.
Parking. There shall be two off-street parking spaces for the
first carrier and one additional parking space for each additional
carrier up to a maximum of four parking spaces per tower-based wireless
support.
J.
Inspection. The Township reserves the right to inspect any tower-based
wireless support to ensure compliance with the provisions of this
article and any other provisions found within the Township Code or
state or federal law. The Township and/or its agents shall have the
authority to enter the property upon which a wireless support is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
The following regulations shall apply to tower-based wireless
supports located in the rights-of-way:
A.
Application required. An application for the construction, installation
or designation of a tower-based wireless support inside of public
rights-of-way shall be treated as an application for a conditional
use to be considered by the Township Board of Commissioners.
B.
Development regulations.
(1)
(2)
Height.
(a)
Tower-based wireless supports in the ROW shall
not exceed 45 feet in height.
(b)
Subject to the WBCA, all height extensions to an
existing tower-based wireless support shall require prior approval
of the Township, and no height extension which constitutes a substantial
change shall be permitted. All increases in the height are cumulative
and additional increases shall not be further permitted. The Township
reserves the right to deny such requests based upon aesthetic and
land use impact, or any other lawful considerations related to the
character of the Township.
C.
Co-location not available. An application for a new tower-based
wireless support in the ROW shall not be approved unless the Township
finds that the proposed wireless communications equipment cannot be
accommodated on an existing wireless support, such as a utility pole
or traffic light pole. Any application for approval of a tower-based
wireless support shall include a comprehensive inventory of all existing
wireless supports and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
wireless support or other suitable structure cannot be utilized.
D.
Design regulations.
(1)
The wireless support shall employ the most current
stealth technology available in an effort to appropriately blend into
the surrounding environment and minimize aesthetic impact. The application
of the stealth technology chosen by the applicant shall be subject
to the approval of the Township.
(2)
All proposed tower-based wireless supports shall
be designed structurally, electrically, and in all respects to accommodate
both the applicant's antennae and comparable antennae for future users.
E.
Related equipment. Related equipment connected to or associated
with tower-based wireless supports located in the right-of-way shall
be connected to the wireless support, installed underground if located
in the right-of-way or within an easement area located on a privately
owned adjacent lot 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:
(1)
Related equipment shall be screened, to the fullest
extent possible, through the use of stealth technology, including
decorative features, to the satisfaction of the Township. Such screening
shall maintain clear sight distance for motorists.
(2)
Any underground vaults related to tower-based wireless
supports shall be reviewed and approved by the Township.
(3)
Any related equipment attached to the tower-based
wireless support shall be attached at a minimum vertical height of
no less than 12 feet from the ground.
F.
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based wireless supports 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.
G.
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 tower-based wireless support in the
ROW shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any wireless support 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:
(1)
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
(2)
The operations of the Township or other governmental
entity in the right-of-way;
(3)
Vacation of a street or road or the release of
a utility easement; or
(4)
An emergency as determined by the Township.
H.
Reimbursement for ROW use. In addition to permit fees as described
in § 114-149.4F above, every tower-based wireless support
located in the ROW is subject to the Township's right to fix annually
a fair and reasonable compensation to be paid for use and occupancy
of the ROW and all costs incurred by the Township as a result of such
activities. Such compensation for ROW use shall be directly related
to the Township's actual ROW management costs, including, but not
limited to, the costs of the administration and performance of all
reviewing, inspecting, permitting, supervising and other ROW management
activities by the Township. The annual ROW management fee for tower-based
wireless supports shall be determined by the Township and authorized
by resolution of Township Board.
The following regulations shall apply to all nontower wireless
supports:
A.
Permitted in certain zoning districts subject to regulations.
Nontower wireless supports are permitted in all zoning districts,
except that nontower wireless supports shall not be permitted in,
or within 100 feet of, any residential zoning district or residential
use. All new nontower wireless supports shall be permitted upon approval
and issuance of zoning and building permits by the Township, subject
to the applicable regulations set forth in this article and the restrictions
and conditions prescribed below.
B.
Prohibited on certain structures. Nontower wireless supports
shall not be located on single-family residences or any accessory
residential structure.
C.
Visual or land use impact. The Township reserves the right to
deny an application for the construction, placement or designation
of any nontower wireless support to which this article applies based
upon adverse visual and/or land use impact.
D.
Replacement of nontower wireless support. The removal and replacement of nontower wireless supports and/or accessory equipment for the purpose of upgrading or repairing the wireless support is permitted, so long as such repair or upgrade does not constitute a substantial change, subject to Subsection E of this section.
E.
Removal of discontinued, unused or abandoned nontower wireless
support. In the event that use of a nontower wireless support 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.
Notwithstanding the foregoing, the Township may deem nontower wireless
supports to be abandoned or unused after reasonable investigation.
Unused or abandoned nontower wireless supports or portions thereof
shall be removed as follows:
(1)
All abandoned or unused nontower wireless supports
and related equipment shall be removed within two months of the cessation
of operations at the site unless a time extension is approved by the
Township.
(2)
If the nontower wireless support or related equipment
is not removed within two months of the cessation of operations at
a site, or within any longer period approved by the Township, the
nontower wireless support, and/or related equipment, may be removed
by the Township and the cost of removal assessed against the owner
of the nontower wireless support and/or related equipment.
F.
Insurance. Each person that owns or operates a nontower wireless
support 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 nontower wireless support.
The following additional regulations shall apply to nontower
wireless supports located outside the rights-of-way:
A.
Development regulations. Nontower wireless supports shall be
permitted outside of the Township rights-of-way, subject to the following
conditions:
(1)
The total height of any nontower wireless support
shall not exceed the maximum height of 45 feet or the maximum height
permitted in the underlying zoning district, whichever is greater.
(2)
Antennas and accessory equipment that are mounted
to a nontower wireless support may not exceed a height of 10 feet
above the height of the nontower wireless support.
(3)
The applicants for a nontower wireless support
located outside the right-of-way must submit documentation to the
Township justifying the total height of the nontower wireless support,
subject to the WBCA. Such documentation shall be analyzed in the context
of such justification on an individual case-by-case basis.
B.
Design regulations.
(1)
Nontower wireless supports shall employ stealth
technology and be treated to visibly match the supporting structure
in order to minimize aesthetic impact. The application of the stealth
technology chosen by the applicant shall be subject to the approval
of the Township.
(2)
Antennas, and their respective accompanying support
structures, shall be no greater in diameter than any cross-sectional
dimension that is reasonably necessary for their proper functioning.
(3)
Noncommercial usage exemption. Township citizens
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 § 114-149.9B of this article.
C.
Related equipment.
(1)
Ground-mounted related equipment connected to or
associated with a nontower wireless support outside the right-of-way
shall be installed underground or inside the nontower wireless support,
if feasible. Ground-mounted related equipment that cannot be installed
underground or inside the nontower wireless support shall be screened
from public view using stealth technology, landscaping and other decorative
features to the satisfaction of the Township. Electrical meter cabinets
shall be screened to blend in with the surrounding area to the satisfaction
of the Township.
(2)
If the applicant proposes to locate the related
equipment in a separate building, the building shall comply with the
minimum setback and other dimensional requirements for the underlying
zoning district.
(3)
An eight-foot-high security fence and landscaping
satisfying the requirements of this article shall surround any separate
communications equipment building. The landscaping shall consist of
a screen of evergreen trees planted eight feet on center, and staggered
in two rows, located along the perimeter of the security fence.
D.
Vehicular access. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
E.
Inspection. The Township reserves the right to inspect any nontower
wireless support to ensure compliance with the provisions of this
article and any other provisions found within the Township Code or
state or federal law. The Township and/or its agents shall have the
authority to enter the property upon which a nontower wireless support
is located at any time, upon reasonable notice to the operator, to
ensure such compliance.
The following additional regulations shall apply to all nontower
wireless supports located in the rights-of-way:
A.
Location. The only structures in the right-of-way that shall
be designated by the Township as nontower wireless supports shall
be existing poles, such as existing utility poles or light poles.
B.
Design regulations:
(1)
The installation of WCFs on nontower wireless supports
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 having a size that does not constitute
a substantial change and that are compatible in scale and proportion
to the wireless supports upon which they are mounted, subject to the
WBCA. All equipment shall be the smallest and least visibly intrusive
equipment feasible.
(2)
Antennas and all related equipment shall be designed
to match the supporting structure. WCFs and accompanying equipment
shall be painted, or otherwise coated, to be visually compatible with
the nontower wireless support upon which they are mounted.
C.
Related equipment. Related equipment associated with nontower
wireless supports and WCFs located in the right-of-way shall be connected
to the wireless support or installed underground or within an easement
area located on a privately owned adjacent lot 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:
(1)
Related equipment shall be screened, to the fullest
extent possible, through the use of stealth technology, including
decorative features, to the satisfaction of the Township. Such screening
shall maintain clear sight distance for motorists.
(2)
Any underground vaults related to nontower wireless
supports and WCFs shall be reviewed and approved by the Township.
(3)
Any related equipment attached to the nontower
wireless support shall have a minimum vertical height of no less than
12 feet.
D.
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all nontower wireless supports 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.
E.
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 nontower wireless support in the ROW
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any wireless support 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:
(1)
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental
entity in the right-of-way.
(3)
Vacation of a street or road or the release of
a utility easement.
(4)
An emergency as determined by the Township.
F.
Reimbursement for ROW use. In addition to the permit fees described
in § 114-149.4F, every nontower wireless support in the
ROW is subject to the Township's right to fix annually a fair and
reasonable compensation to be paid for use and occupancy of the ROW.
Such compensation for ROW use shall be directly related to the Township's
actual ROW management costs, including, but not limited to, the costs
of the administration and performance of all reviewing, inspecting,
permitting, supervising and other ROW management activities by the
Township. The owner or authorized user of each nontower wireless support
shall pay an annual fee to the Township to compensate the Township
for its costs incurred in connection with the activities described
above. The Annual ROW management fee for nontower wireless supports
shall be determined by the Township and authorized by resolution of
Township Board.
A.
Penalties. Any person violating any provision of this article
shall be subject, upon finding by a magisterial district judge, to
a penalty not exceeding $600, for each and every offense, together
with attorneys' fees and costs. A separate and distinct violation
shall be deemed to be committed each day on which a violation occurs
or continues to occur. In addition to an action to enforce any penalty
imposed by this article and any other remedy at law or in equity,
the Township may apply to a court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this article.
B.
Determination of violation. In the event a determination is
made that a person has violated any provision of this article, such
person shall be provided written notice of the determination and the
reasons therefor. Except in the case of an emergency, the person shall
have 30 days to cure the violation. If the nature of the violation
is such that it cannot be fully cured within such time period, the
Township may, in its reasonable judgment, extend the time period to
cure, provided the person has commenced to cure and is diligently
pursuing its efforts to cure. If the violation has not been cured
within the time allowed, the Township may take any and all actions
authorized by this article and/or federal and/or Pennsylvania law
and regulations.
A.
Police powers. The Township, by granting any permit or taking
any other action pursuant to this article, does not waive, reduce,
lessen or impair the lawful police powers vested in the Township under
applicable federal, state and local laws and regulations.